Bill Text: NY S01101 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the collection of rent arrearages accruing prior to the date of approval of an application for an adjustment in the legal regulated rent based upon a major capital improvement.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S01101 Detail]

Download: New_York-2023-S01101-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1101

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 10, 2023
                                       ___________

        Introduced  by Sens. BAILEY, MAYER, SEPULVEDA, SERRANO -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Housing, Construction and Community Development

        AN  ACT  to amend the emergency tenant protection act of nineteen seven-
          ty-four, the administrative code of the city of New York and the emer-
          gency housing  rent  control  law,  in  relation  to  prohibiting  the
          collection  of  rent arrearages accruing prior to the date of approval
          of an application for an adjustment in the legal regulated rent  based
          upon a major capital improvement

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 6 of section 4 of chapter 576 of the laws  of  1974
     2  constituting  the  emergency  tenant protection act of nineteen seventy-
     3  four is amended by adding a new subdivision h to read as follows:
     4    h. Notwithstanding any provision of law or rule or regulation  to  the
     5  contrary,  any adjustment in the legal regulated rent based upon a major
     6  capital improvement shall be effective upon approval of the  application
     7  therefor.  No  increase may be collected for the period of time prior to
     8  the date of approval of the application.
     9    § 2. Section 26-512 of the administrative code of the city of New York
    10  is amended by adding a new subdivision h to read as follows:
    11    h. Notwithstanding any provision of law or rule or regulation  to  the
    12  contrary,  any adjustment in the legal regulated rent based upon a major
    13  capital improvement shall be effective upon approval of the  application
    14  therefor.  No  increase may be collected for the period of time prior to
    15  the date of approval of the application.
    16    § 3. Subparagraph 10 of the second undesignated paragraph of paragraph
    17  (a) of subdivision 4 of section 4 of chapter 274 of the  laws  of  1946,
    18  constituting  the  emergency  housing  rent  control  law, as amended by
    19  section 25 of part B of chapter 97 of the laws of 2011, is amended and a
    20  new subparagraph 11 is added to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03319-01-3
        S. 1101                             2

     1    (10)   the presence of unique  or  peculiar  circumstances  materially
     2  affecting  the  maximum  rent  has  resulted  in a maximum rent which is
     3  substantially lower than the rents generally prevailing in the same area
     4  for substantially similar housing accommodations[.];  or  (11)  notwith-
     5  standing any provision of law or rule or regulation to the contrary, any
     6  adjustment  in  the  legal  regulated  rent  based  upon a major capital
     7  improvement shall be effective upon approval of the  application  there-
     8  for.  No  increase  may be collected for the period of time prior to the
     9  date of approval of the application.
    10    § 4. Paragraph 1 of subdivision g of section 26-405 of the administra-
    11  tive code of the city of New York is amended by adding  a  new  subpara-
    12  graph (p) to read as follows:
    13    (p)  Notwithstanding any provision of law or rule or regulation to the
    14  contrary, any adjustment in the legal regulated rent based upon a  major
    15  capital  improvement shall be effective upon approval of the application
    16  therefor. No increase may be collected for the period of time  prior  to
    17  the date of approval of the application.
    18    § 5. This act shall take effect immediately; provided that:
    19    a.  the  amendments  to section 26-512 of chapter 4 of title 26 of the
    20  administrative code of the city of New York made by section two of  this
    21  act  shall  expire  on  the  same date as such law expires and shall not
    22  affect the expiration of such law as provided under  section  26-520  of
    23  such law; and
    24    b.  the  amendments  to  section 26-405 of the city rent and rehabili-
    25  tation law made by section four of this act shall remain in  full  force
    26  and effect only as long as the public emergency requiring the regulation
    27  and control of residential rents and evictions continues, as provided in
    28  subdivision  3  of section 1 of the local emergency housing rent control
    29  act.