Bill Text: NY S03572 | 2019-2020 | General Assembly | Introduced
Bill Title: Limits the amount of rent increase after the vacancy of a housing accommodation.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S03572 Detail]
Download: New_York-2019-S03572-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3572 2019-2020 Regular Sessions IN SENATE February 8, 2019 ___________ Introduced by Sens. SERRANO, HOYLMAN, KRUEGER, SAVINO -- 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 administrative code of the city of New York and the emergency tenant protection act of nineteen seventy-four, in relation to limiting rent increase after vacancy of a housing accommodation The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 5-a of subdivision c of section 26-511 of the 2 administrative code of the city of New York, as amended by section 16-a 3 of part A of chapter 20 of the laws of 2015, is amended to read as 4 follows: 5 (5-a) provides that, notwithstanding any provision of this chapter, 6 the legal regulated rent for any vacancy lease entered into after the 7 effective date of this paragraph shall be as hereinafter provided in 8 this paragraph. The previous legal regulated rent for such housing 9 accommodation shall be increased by the following: (i) if the vacancy 10 lease is for a term of two years, [twenty] ten percent of the previous 11 legal regulated rent; or (ii) if the vacancy lease is for a term of one 12 year the increase shall be [twenty] ten percent of the previous legal 13 regulated rent less an amount equal to the difference between (a) the 14 two year renewal lease guideline promulgated by the guidelines board of 15 the city of New York applied to the previous legal regulated rent and 16 (b) the one year renewal lease guideline promulgated by the guidelines 17 board of the city of New York applied to the previous legal regulated 18 rent. However, where the amount charged and paid by the prior tenant 19 pursuant to paragraph fourteen of this subdivision, was less than the 20 legal regulated rent, such increase to the legal regulated rent shall 21 not exceed: five percent of the previous legal regulated rent if the 22 last vacancy lease commenced less than two years ago; ten percent of the 23 previous legal regulated rent if the last vacancy lease commenced less EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03196-01-9S. 3572 2 1 than three years ago; fifteen percent of the previous legal regulated 2 rent if the last vacancy lease commenced less than four years ago; twen- 3 ty percent of the previous legal regulated rent if the last vacancy 4 lease commenced four or more years ago. In addition, if the legal regu- 5 lated rent was not increased with respect to such housing accommodation 6 by a permanent vacancy allowance within eight years prior to a vacancy 7 lease executed on or after the effective date of this paragraph, the 8 legal regulated rent may be further increased by an amount equal to the 9 product resulting from multiplying such previous legal regulated rent by 10 six-tenths of one percent and further multiplying the amount of rent 11 increase resulting therefrom by the greater of (A) the number of years 12 since the imposition of the last permanent vacancy allowance, or (B) if 13 the rent was not increased by a permanent vacancy allowance since the 14 housing accommodation became subject to this chapter, the number of 15 years that such housing accommodation has been subject to this chapter. 16 Provided that if the previous legal regulated rent was less than three 17 hundred dollars the total increase shall be as calculated above plus one 18 hundred dollars per month. Provided, further, that if the previous legal 19 regulated rent was at least three hundred dollars and no more than five 20 hundred dollars in no event shall the total increase pursuant to this 21 paragraph be less than one hundred dollars per month. Such increase 22 shall be in lieu of any allowance authorized for the one or two year 23 renewal component thereof, but shall be in addition to any other 24 increases authorized pursuant to this chapter including an adjustment 25 based upon a major capital improvement, or a substantial modification or 26 increase of dwelling space or services, or installation of new equipment 27 or improvements or new furniture or furnishings provided in or to the 28 housing accommodation pursuant to this section. The increase authorized 29 in this paragraph may not be implemented more than one time in any 30 calendar year, notwithstanding the number of vacancy leases entered into 31 in such year. 32 § 2. Subdivision (a-1) of section 10 of section 4 of chapter 576 of 33 the laws of 1974, constituting the emergency tenant protection act of 34 nineteen seventy-four, as amended by section 16-b of part A of chapter 35 20 of the laws of 2015, is amended to read as follows: 36 (a-1) provides that, notwithstanding any provision of this act, the 37 legal regulated rent for any vacancy lease entered into after the effec- 38 tive date of this subdivision shall be as hereinafter set forth. The 39 previous legal regulated rent for such housing accommodation shall be 40 increased by the following: (i) if the vacancy lease is for a term of 41 two years, [twenty] ten percent of the previous legal regulated rent; or 42 (ii) if the vacancy lease is for a term of one year the increase shall 43 be [twenty] ten percent of the previous legal regulated rent less an 44 amount equal to the difference between (a) the two year renewal lease 45 guideline promulgated by the guidelines board of the county in which the 46 housing accommodation is located applied to the previous legal regulated 47 rent and (b) the one year renewal lease guideline promulgated by the 48 guidelines board of the county in which the housing accommodation is 49 located applied to the previous legal regulated rent. However, where the 50 amount charged and paid by the prior tenant pursuant to paragraph four- 51 teen of this subdivision, was less than the legal regulated rent, such 52 increase to the legal regulated rent shall not exceed: five percent of 53 the previous legal regulated rent if the last vacancy lease commenced 54 less than two years ago; ten percent of the previous legal regulated 55 rent if the last vacancy commenced less than three years ago; fifteen 56 percent of the previous legal regulated rent if the last vacancy leaseS. 3572 3 1 commenced less than four years ago; twenty percent of the previous legal 2 regulated rent if the last vacancy lease commenced four or more years 3 ago. In addition, if the legal regulated rent was not increased with 4 respect to such housing accommodation by a permanent vacancy allowance 5 within eight years prior to a vacancy lease executed on or after the 6 effective date of this subdivision, the legal regulated rent may be 7 further increased by an amount equal to the product resulting from 8 multiplying such previous legal regulated rent by six-tenths of one 9 percent and further multiplying the amount of rent increase resulting 10 therefrom by the greater of (A) the number of years since the imposition 11 of the last permanent vacancy allowance, or (B) if the rent was not 12 increased by a permanent vacancy allowance since the housing accommo- 13 dation became subject to this act, the number of years that such housing 14 accommodation has been subject to this act. Provided that if the previ- 15 ous legal regulated rent was less than three hundred dollars the total 16 increase shall be as calculated above plus one hundred dollars per 17 month. Provided, further, that if the previous legal regulated rent was 18 at least three hundred dollars and no more than five hundred dollars in 19 no event shall the total increase pursuant to this subdivision be less 20 than one hundred dollars per month. Such increase shall be in lieu of 21 any allowance authorized for the one or two year renewal component ther- 22 eof, but shall be in addition to any other increases authorized pursuant 23 to this act including an adjustment based upon a major capital improve- 24 ment, or a substantial modification or increase of dwelling space or 25 services, or installation of new equipment or improvements or new furni- 26 ture or furnishings provided in or to the housing accommodation pursuant 27 to section six of this act. The increase authorized in this subdivision 28 may not be implemented more than one time in any calendar year, notwith- 29 standing the number of vacancy leases entered into in such year. 30 § 3. This act shall take effect immediately; provided that the amend- 31 ments to section 26-511 of the rent stabilization law of nineteen 32 hundred sixty-nine made by section one of this act shall expire on the 33 same date as such law expires and shall not affect the expiration of 34 such law as provided under section 26-520 of such law; and provided, 35 further, that the amendments to section 4 of the emergency tenant 36 protection act of nineteen seventy-four made by section two of this act 37 shall expire on the same date as such act expires and shall not affect 38 the expiration of such act as provided in section 17 of chapter 576 of 39 the laws of 1974.
