Bill Text: NY S05142 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to statutes of limitations based on notices of deregulation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-02-12 - RECOMMIT, ENACTING CLAUSE STRICKEN [S05142 Detail]
Download: New_York-2019-S05142-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5142 2019-2020 Regular Sessions IN SENATE April 11, 2019 ___________ Introduced by Sen. KAVANAGH -- 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 the statute of limitations on notices of deregulation The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 26-504.2 of the administrative code of the city of 2 New York is amended by adding a new subdivision c to read as follows: 3 c. Notwithstanding section 26-516 of this chapter and section two 4 hundred thirteen-a of the civil practice law and rules, the periods 5 provided for therein for examination of the rental history of the accom- 6 modation for the determination of an overcharge and whether the accommo- 7 dation is subject to this law are extended by the period during which 8 the owner is not in compliance with the requirements of subdivision b of 9 this section. 10 § 2. Paragraph 13 of subdivision a of section 5 of section 4 of chap- 11 ter 576 of the laws of 1974, constituting the emergency tenant 12 protection act of nineteen seventy-four, as amended by section 8 of part 13 A of chapter 20 of the laws of 2015, is amended to read as follows: 14 (13) (i) any housing accommodation with a legal regulated rent of two 15 thousand dollars or more per month at any time between the effective 16 date of this paragraph and October first, nineteen hundred ninety-three 17 which is or becomes vacant on or after the effective date of this para- 18 graph; or, for any housing accommodation with a legal regulated rent of 19 two thousand dollars or more per month at any time on or after the 20 effective date of the rent regulation reform act of 1997 and before the 21 effective date of the rent act of 2011, which is or becomes vacant on or 22 after the effective date of the rent regulation reform act of 1997 and 23 before the effective date of the rent act of 2011. This exclusion shall EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02244-01-9S. 5142 2 1 apply regardless of whether the next tenant in occupancy or any subse- 2 quent tenant in occupancy is charged or pays less than two thousand 3 dollars a month; or, for any housing accommodation with a legal regu- 4 lated rent of two thousand five hundred dollars or more per month at any 5 time on or after the effective date of the rent act of 2011, which is or 6 becomes vacant on or after such effective date, but prior to the effec- 7 tive date of the rent act of 2015; or, any housing accommodation with a 8 legal regulated rent that was two thousand seven hundred dollars or more 9 per month at any time on or after the effective date of the rent act of 10 2015, which becomes vacant after the effective date of the rent act of 11 2015, provided, however, that starting on January 1, 2016, and annually 12 thereafter, the maximum legal regulated rent for this deregulation 13 threshold, shall also be increased by the same percentage as the most 14 recent one year renewal adjustment, adopted by the applicable rent 15 guidelines board. An exclusion pursuant to this paragraph shall apply 16 regardless of whether the next tenant in occupancy or any subsequent 17 tenant in occupancy actually is charged or pays less than two thousand 18 seven hundred dollars a month. Provided however, that an exclusion 19 pursuant to this paragraph shall not apply to housing accommodations 20 which became or become subject to this act (a) by virtue of receiving 21 tax benefits pursuant to section [four hundred twenty-one-a] 421-a or 22 [four hundred eighty-nine] 489 of the real property tax law, except as 23 otherwise provided in subparagraph (i) of paragraph (f) of subdivision 24 [two] 2 of section [four hundred twenty-one-a] 421-a of the real proper- 25 ty tax law, or (b) by virtue of article [seven-C] 7-C of the multiple 26 dwelling law. This paragraph shall not apply, however, to or become 27 effective with respect to housing accommodations which the commissioner 28 determines or finds that the landlord or any person acting on his or her 29 behalf, with intent to cause the tenant to vacate, has engaged in any 30 course of conduct (including, but not limited to, interruption or 31 discontinuance of required services) which interfered with or disturbed 32 or was intended to interfere with or disturb the comfort, repose, peace 33 or quiet of the tenant in his or her use or occupancy of the housing 34 accommodations and in connection with such course of conduct, any other 35 general enforcement provision of this act shall also apply. 36 (ii) the owner of any housing accommodation that is not subject to 37 this act pursuant to the provisions of subparagraph (i) of this para- 38 graph or paragraph (n) of subdivision 2 of section 2 of the emergency 39 housing rent control law shall give written notice certified by such 40 owner to the first tenant of that housing accommodation after such hous- 41 ing accommodation becomes exempt from the provisions of this act or the 42 emergency housing rent control law. Such notice shall contain: the last 43 regulated rent; the reason that such housing accommodation is not 44 subject to this act or the emergency housing rent control law; a calcu- 45 lation of how either the rental amount charged when there is no lease or 46 the rental amount provided for in the lease has been derived so as to 47 reach two thousand dollars or more per month; a statement that the last 48 legal regulated rent or the maximum rent may be verified by the tenant 49 by contacting the state division of housing and community renewal, or 50 any successor thereto; and the address and telephone number of such 51 agency, or any successor thereto. Such notice shall be sent by certified 52 mail within thirty days after the tenancy commences or after the signing 53 of the lease by both parties, whichever occurs first or shall be deliv- 54 ered to the tenant at the signing of the lease. In addition, the owner 55 shall send and certify to the tenant a copy of the registration state- 56 ment for such housing accommodation filed with the state division ofS. 5142 3 1 housing and community renewal indicating that such housing accommodation 2 became exempt from the provisions of this act or the emergency housing 3 rent control law, which form shall include the last regulated rent, and 4 shall be sent to the tenant within thirty days after the tenancy 5 commences or the filing of such registration, whichever occurs later. 6 (iii) notwithstanding section twelve of this act and section 213-a of 7 the civil practice law and rules to the contrary, the periods provided 8 for therein for examination of the rental history of the accommodation 9 for the determination of an overcharge and whether the accommodation is 10 subject to this law are extended by the period during which the owner is 11 not in compliance with requirements of subparagraph (ii) of this para- 12 graph. 13 § 3. This act shall take effect immediately provided that: 14 (a) the amendment to section 26-504.2 of the rent stabilization law of 15 nineteen hundred sixty-nine made by section one of this act shall expire 16 on the same date as such law expires and shall not affect the expiration 17 of such law as provided under section 26-520 of such law; 18 (b) the amendments to section 5 of section 4 of the emergency tenant 19 protection act of nineteen seventy-four made by section two of this act 20 shall expire on the same date as such act expires and shall not affect 21 the expiration of such act as provided in section 17 of chapter 576 of 22 the laws of 1974, as amended; and 23 (c) the provisions of this act shall apply to housing accommodations 24 which became vacant on or after the effective date of this act.
