Bill Text: NY S05482 | 2019-2020 | General Assembly | Introduced
Bill Title: Provides for the limitation of rent increases after vacancy of a housing accommodation under the Rent Regulation Reform Act of 1997 by providing that the statutory allowance in such Act replaces and is in lieu of any other previously authorized vacancy allowance.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S05482 Detail]
Download: New_York-2019-S05482-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5482 2019-2020 Regular Sessions IN SENATE May 2, 2019 ___________ Introduced by Sen. SALAZAR -- 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, the emergency tenant protection act of nineteen seventy-four, the emergen- cy housing rent control law and the local emergency housing rent control act, in relation to limiting rent increase after vacancy of certain housing accommodations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision d of section 26-510 of the administrative code 2 of the city of New York is amended and a new subdivision j is added to 3 read as follows: 4 d. Any housing accommodation covered by this law owned by a member in 5 good standing of an association registered with the department of hous- 6 ing preservation and development pursuant to section 26-511 of this 7 chapter which becomes vacant for any reason, other than harassment of 8 the prior tenant, may be offered for rental at any price notwithstanding 9 any guideline level established by the guidelines board for renewal 10 leases, provided the offering price does not exceed the rental then 11 authorized by the guidelines board for such dwelling unit plus five 12 percent for a new lease not exceeding two years and a further five 13 percent for a new lease having a minimum term of three years, until July 14 first, nineteen hundred seventy[, at which time the guidelines board15shall determine what the rental for a vacancy shall be]. 16 j. Notwithstanding any other provision of this law, on and after June 17 sixteenth, nineteen hundred ninety-seven the adjustment for vacancy 18 leases covered by the provisions of this law shall be determined exclu- 19 sively pursuant to paragraph five-a of subdivision c of section 26-511 20 of this chapter. The rent guidelines board shall no longer promulgate 21 adjustments for vacancy leases. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04815-01-9S. 5482 2 1 § 2. Section 4 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 e to read as follows: 4 e. Notwithstanding any other provision of this act, on and after June 5 16, 1997 the adjustment for vacancy leases covered by the provisions of 6 this act shall be determined exclusively pursuant to subdivision (a-1) 7 of section ten of this act. County rent guidelines boards shall no long- 8 er promulgate adjustments for vacancy leases. 9 § 3. Subdivision f of section 26-512 of the administrative code of the 10 city of New York, as added by chapter 116 of the laws of 1997, is 11 amended to read as follows: 12 f. Notwithstanding any provision of this law to the contrary in the 13 case where all tenants named in a lease have permanently vacated a hous- 14 ing accommodation and a family member of such tenant or tenants is enti- 15 tled to and executes a renewal lease for the housing accommodation if 16 such accommodation continues to be subject to this law after such family 17 member vacates, on the occurrence of such vacancy the legal regulated 18 rent shall be increased by a sum equal to the allowance [then in effect19for vacancy leases, including the amount allowed by] pursuant to para- 20 graph [(five-a)] five-a of subdivision c of section 26-511 of this law. 21 Such increase shall be in addition to any other increases provided for 22 in this law including an adjustment based upon a major capital improve- 23 ment, or a substantial modification or increase of dwelling space or 24 services, or installation of new equipment or improvements or new furni- 25 ture or furnishings provided in or to the housing accommodation pursuant 26 to section 26-511 of this law and shall be applicable in like manner to 27 each second subsequent succession. 28 § 4. Subdivision g of section 6 of section 4 of chapter 576 of the 29 laws of 1974, constituting the emergency tenant protection act of nine- 30 teen seventy-four, as added by chapter 116 of the laws of 1997, is 31 amended to read as follows: 32 g. Notwithstanding any provision of this act to the contrary in the 33 case where all tenants named in a lease have permanently vacated a hous- 34 ing accommodation and a family member of such tenant or tenants is enti- 35 tled to and executes a renewal lease for the housing accommodation if 36 such accommodation continues to be subject to this act after such family 37 member vacates, on the occurrence of such vacancy the legal regulated 38 rent shall be increased by a sum equal to the allowance [then in effect39for vacancy leases, including the amount allowed by] pursuant to subdi- 40 vision (a-1) of section ten of this act. Such increase shall be in addi- 41 tion to any other increases provided for in this act including an 42 adjustment based upon a major capital improvement, or a substantial 43 modification or increase of dwelling space or services, or installation 44 of new equipment or improvements or new furniture or furnishings 45 provided in or to the housing accommodation, pursuant to section six of 46 this act and shall be applicable in like manner to each second subse- 47 quent succession. 48 § 5. Subdivision 9 of section 5 of chapter 274 of the laws of 1946, 49 constituting the emergency housing rent control law, as added by chapter 50 116 of the laws of 1997, is amended to read as follows: 51 9. Notwithstanding any provision of this law to the contrary in the 52 case where all tenants occupying the housing accommodation on the effec- 53 tive date of this subdivision have vacated the housing accommodation and 54 a family member of such vacating tenant or tenants is entitled to and 55 continues to occupy the housing accommodation subject to the protections 56 of this law, if such accommodation continues to be subject to this lawS. 5482 3 1 after such family member vacates, on the occurrence of such vacancy the 2 maximum collectable rent shall be increased by a sum equal to the allow- 3 ance [then in effect] for vacancy leases for housing accommodations 4 covered by the rent stabilization law of nineteen hundred sixty-nine[,5including the amount allowed by] pursuant to paragraph [five-a] 5-a of 6 subdivision c of section 26-511 of such law. This increase shall be in 7 addition to any other increases provided in this law including an 8 adjustment based upon a major capital improvement, or a substantial 9 increase or decrease in dwelling space or a change in the services, 10 furniture, furnishings or equipment provided in the housing accommo- 11 dation, pursuant to section four of this law and shall be applicable in 12 like manner to each second subsequent succession. 13 § 6. Section 26-403.2 of the administrative code of the city of New 14 York, as added by chapter 116 of the laws of 1997, is amended to read as 15 follows: 16 § 26-403.2 Increase in maximum collectable rent. Notwithstanding any 17 provision of this law to the contrary in the case where all tenants 18 occupying the housing accommodation on the effective date of this 19 section have vacated the housing accommodation and a family member of 20 such vacating tenant or tenants is entitled to and continues to occupy 21 the housing accommodation subject to the protections of this law, if 22 such accommodation continues to be subject to this law after such family 23 member vacates, on the occurrence of such vacancy the maximum collecta- 24 ble rent shall be increased by a sum equal to the allowance [then in25effect] for vacancy leases for housing accommodations covered by the 26 rent stabilization law of nineteen hundred sixty-nine[, including the27amount allowed by] pursuant to paragraph five-a of subdivision c of 28 section 26-511 of such law. This increase shall be in addition to any 29 other increases provided for in this law including an adjustment based 30 upon a major capital improvement, or a substantial increase or decrease 31 in dwelling space or a change in the services, furniture, furnishings or 32 equipment provided in the housing accommodation, pursuant to section 33 26-405 of this law and shall be applicable in like manner to each second 34 subsequent succession. 35 § 7. The sixth undesignated paragraph of subdivision 5 of section 1 of 36 chapter 21 of the laws of 1962, constituting the local emergency housing 37 rent control act, as amended by chapter 82 of the laws of 2003, is 38 amended to read as follows: 39 Notwithstanding any provision of this act to the contrary, any local 40 law adopted pursuant to this act shall provide that notwithstanding any 41 provision of such local law in the case where all tenants occupying the 42 housing accommodation on the effective date of this paragraph have 43 vacated the housing accommodation and a family member of such vacating 44 tenant or tenants is entitled to and continues to occupy the housing 45 accommodation subject to the protections of such act, if such accommo- 46 dation continues to be subject to such act after such family member 47 vacates, on the occurrence of such vacancy the maximum collectable rent 48 shall be increased by a sum equal to the allowance [then in effect] for 49 vacancy leases for housing accommodations covered by the rent stabiliza- 50 tion law of nineteen hundred sixty-nine[, including the amount allowed51by] pursuant to paragraph [(5-a)] 5-a of subdivision c of section 26-511 52 of such law. This increase shall be in addition to any other increases 53 provided for in this act and shall be applicable in like manner to each 54 second subsequent succession. 55 § 8. This act shall take effect immediately; provided, however, that:S. 5482 4 1 (a) the amendments to sections 26-510 and 26-512 of the rent stabili- 2 zation law of nineteen hundred sixty-nine made by sections one and three 3 of this act shall expire on the same date as such law expires and shall 4 not affect the expiration of such law as provided under section 26-520 5 of such law; 6 (b) the amendments to section 26-403.2 of the city rent and rehabili- 7 tation law made by section six of this act shall remain in full force 8 and effect only as long as the public emergency requiring the regulation 9 and control of residential rents and evictions continues, as provided in 10 subdivision 3 of section 1 of the local emergency housing rent control 11 act; 12 (c) the amendments to the emergency tenant protection act of nineteen 13 seventy-four, made by sections two and four of this act, shall expire on 14 the same date as such act expires and shall not affect the expiration of 15 such act as provided in section 17 of chapter 576 of the laws of 1974, 16 as amended; 17 (d) the amendment to section 5 of the emergency housing rent control 18 law made by section five of this act shall expire in accordance with the 19 provisions of subdivision 2 of section 1 of chapter 274 of the laws of 20 1946, as amended; and 21 (e) the amendments to subdivision 5 of section 1 of the local emergen- 22 cy housing rent control act, made by section seven of this act, shall 23 not affect the effectiveness of such subdivision and shall cease to be 24 in full force and effect pursuant to subdivision 3 of section 1 of such 25 act.
