Bill Text: NY S08014 | 2017-2018 | General Assembly | Introduced
Bill Title: Makes technical corrections to rent control provisions; repeals certain provisions relating to real property tax abatements.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-06-20 - RECOMMITTED TO RULES [S08014 Detail]
Download: New_York-2017-S08014-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8014 IN SENATE March 19, 2018 ___________ Introduced by Sen. LITTLE -- 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 housing rent control law, the emergency tenant protection act of nineteen seventy-four, and the administrative code of the city of New York, in relation to making technical corrections; and to repeal section 467-i of the real property tax law relating to real property tax abatement The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (n) of subdivision 2 of section 2 of chapter 274 2 of the laws of 1946, constituting the emergency housing rent control 3 law, as amended by section 7 of part A of chapter 20 of the laws of 4 2015, is amended to read as follows: 5 (n) any housing accommodation with a maximum rent of two thousand 6 dollars or more per month at any time between the effective date of this 7 paragraph and October first, nineteen hundred ninety-three which is or 8 becomes vacant on or after the effective date of this paragraph; or, for 9 any housing accommodation with a maximum rent of two thousand dollars or 10 more per month at any time on or after the effective date of the rent 11 regulation reform act of 1997 and before the effective date of the rent 12 act of 2011, which is or becomes vacant on or after the effective date 13 of the rent regulation reform act of 1997 and before the effective date 14 of the rent act of 2011. This exclusion shall apply regardless of wheth- 15 er the next tenant in occupancy or any subsequent tenant in occupancy is 16 charged or pays less than two thousand dollars a month; or, for any 17 housing accommodation with a maximum rent of two thousand five hundred 18 dollars or more per month at any time on or after the effective date of 19 the rent act of 2011, which is or becomes vacant on or after such effec- 20 tive date, but prior to the effective date of the rent act of 2015; or, 21 any housing accommodation with a legal regulated rent [that was] of two 22 thousand seven hundred dollars or more per month at any time on or after 23 the effective date of the rent act of 2015, which becomes vacant after 24 the effective date of the rent act of 2015, provided, however, that EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15188-01-8S. 8014 2 1 starting on January 1, 2016, and annually thereafter, the maximum legal 2 regulated rent for this deregulation threshold, shall also be increased 3 by the same percentage as the most recent one year renewal adjustment, 4 adopted by the applicable rent guidelines board. This exclusion shall 5 apply regardless of whether the next tenant in occupancy or any subse- 6 quent tenant in occupancy actually is charged or pays less than two 7 thousand seven hundred dollars, as adjusted by the applicable rent 8 guidelines board, per month. An exclusion pursuant to this paragraph 9 shall not apply, however, to or become effective with respect to housing 10 accommodations which the commissioner determines or finds that the land- 11 lord or any person acting on his or her behalf, with intent to cause the 12 tenant to vacate, has engaged in any course of conduct (including, but 13 not limited to, interruption or discontinuance of required services) 14 which interfered with or disturbed or was intended to interfere with or 15 disturb the comfort, repose, peace or quiet of the tenant in his or her 16 use or occupancy of the housing accommodations and in connection with 17 such course of conduct, any other general enforcement provision of this 18 law shall also apply. 19 § 2. Paragraph 13 of subdivision a of section 5 of section 4 of chap- 20 ter 576 of the laws of 1974, constituting the emergency tenant 21 protection act of nineteen seventy-four, as amended by section 8 of part 22 A of chapter 20 of the laws of 2015, is amended to read as follows: 23 (13) any housing accommodation with a legal regulated rent of two 24 thousand dollars or more per month at any time between the effective 25 date of this paragraph and October first, nineteen hundred ninety-three 26 which is or becomes vacant on or after the effective date of this para- 27 graph; or, for any housing accommodation with a legal regulated rent of 28 two thousand dollars or more per month at any time on or after the 29 effective date of the rent regulation reform act of 1997 and before the 30 effective date of the rent act of 2011, which is or becomes vacant on or 31 after the effective date of the rent regulation reform act of 1997 and 32 before the effective date of the rent act of 2011. This exclusion shall 33 apply regardless of whether the next tenant in occupancy or any subse- 34 quent tenant in occupancy is charged or pays less than two thousand 35 dollars a month; or, for any housing accommodation with a legal regu- 36 lated rent of two thousand five hundred dollars or more per month at any 37 time on or after the effective date of the rent act of 2011, which is or 38 becomes vacant on or after such effective date, but prior to the effec- 39 tive date of the rent act of 2015; or, any housing accommodation with a 40 legal regulated rent [that was] of two thousand seven hundred dollars or 41 more per month at any time on or after the effective date of the rent 42 act of 2015, which becomes vacant after the effective date of the rent 43 act of 2015, provided, however, that starting on January 1, 2016, and 44 annually thereafter, the maximum legal regulated rent for this deregu- 45 lation threshold, shall also be increased by the same percentage as the 46 most recent one year renewal adjustment, adopted by the applicable rent 47 guidelines board. An exclusion pursuant to this paragraph shall apply 48 regardless of whether the next tenant in occupancy or any subsequent 49 tenant in occupancy actually is charged or pays less than two thousand 50 seven hundred dollars a month. Provided however, that an exclusion 51 pursuant to this paragraph shall not apply to housing accommodations 52 which became or become subject to this act (a) by virtue of receiving 53 tax benefits pursuant to section four hundred twenty-one-a or four 54 hundred eighty-nine of the real property tax law, except as otherwise 55 provided in subparagraph (i) of paragraph (f) of subdivision two of 56 section four hundred twenty-one-a of the real property tax law, or (b)S. 8014 3 1 by virtue of article seven-C of the multiple dwelling law. This para- 2 graph shall not apply, however, to or become effective with respect to 3 housing accommodations which the commissioner determines or finds that 4 the landlord or any person acting on his or her behalf, with intent to 5 cause the tenant to vacate, has engaged in any course of conduct 6 (including, but not limited to, interruption or discontinuance of 7 required services) which interfered with or disturbed or was intended to 8 interfere with or disturb the comfort, repose, peace or quiet of the 9 tenant in his or her use or occupancy of the housing accommodations and 10 in connection with such course of conduct, any other general enforcement 11 provision of this act shall also apply. 12 § 3. Subparagraph (k) of paragraph 2 of subdivision e of section 13 26-403 of the administrative code of the city of New York, as amended by 14 section 9 of part A of chapter 20 of the laws of 2015, is amended to 15 read as follows: 16 (k) Any housing accommodation which becomes vacant on or after April 17 first, nineteen hundred ninety-seven and before the effective date of 18 the rent act of 2011, and where at the time the tenant vacated such 19 housing accommodation the maximum rent was two thousand dollars or more 20 per month; or, for any housing accommodation which is or becomes vacant 21 on or after the effective date of the rent regulation reform act of 1997 22 and before the effective date of the rent act of 2011 with a maximum 23 rent of two thousand dollars or more per month. This exclusion shall 24 apply regardless of whether the next tenant in occupancy or any subse- 25 quent tenant in occupancy is charged or pays less than two thousand 26 dollars a month; or, for any housing accommodation with a maximum rent 27 of two thousand five hundred dollars or more per month at any time on or 28 after the effective date of the rent act of 2011, which is or becomes 29 vacant on or after such effective date, but prior to the effective date 30 of the rent act of 2015; or, any housing accommodation with a legal 31 regulated rent [that was] of two thousand seven hundred dollars or more 32 per month at any time on or after the effective date of the rent act of 33 2015, which becomes vacant after the effective date of the rent act of 34 2015, provided, however, that starting on January 1, 2016, and annually 35 thereafter, the maximum legal regulated rent for this deregulation 36 threshold, shall also be increased by the same percent as the most 37 recent one year renewal adjustment, adopted by the New York city rent 38 guidelines board pursuant to the rent stabilization law of nineteen 39 hundred sixty-nine. This exclusion shall apply regardless of whether the 40 next tenant in occupancy or any subsequent tenant in occupancy actually 41 is charged or pays less than two thousand seven hundred dollars a month. 42 Provided however, that an exclusion pursuant to this subparagraph shall 43 not apply to housing accommodations which became or become subject to 44 this law by virtue of receiving tax benefits pursuant to section four 45 hundred eighty-nine of the real property tax law. This subparagraph 46 shall not apply, however, to or become effective with respect to housing 47 accommodations which the commissioner determines or finds that the land- 48 lord or any person acting on his or her behalf, with intent to cause the 49 tenant to vacate, has engaged in any course of conduct (including, but 50 not limited to, interruption or discontinuance of required services) 51 which interfered with or disturbed or was intended to interfere with or 52 disturb the comfort, repose, peace or quiet of the tenant in his or her 53 use or occupancy of the housing accommodations and in connection with 54 such course of conduct, any other general enforcement provision of this 55 law shall also apply.S. 8014 4 1 § 4. Section 26-504.2 of the administrative code of the city of New 2 York, as amended by section 10 of part A of chapter 20 of the laws of 3 2015, is amended to read as follows: 4 § 26-504.2 Exclusion of high rent accommodations. a. "Housing accommo- 5 dations" shall not include: any housing accommodation which becomes 6 vacant on or after April first, nineteen hundred ninety-seven and before 7 the effective date of the rent act of 2011 and where at the time the 8 tenant vacated such housing accommodation the legal regulated rent was 9 two thousand dollars or more per month; or, for any housing accommo- 10 dation which is or becomes vacant on or after the effective date of the 11 rent regulation reform act of 1997 and before the effective date of the 12 rent act of 2011, with a legal regulated rent of two thousand dollars or 13 more per month; or for any housing accommodation that becomes vacant on 14 or after the effective date of the rent act of 2015, [where such] with a 15 legal regulated rent [was] of two thousand seven hundred dollars or 16 more, and as further adjusted by this section. Starting on January 1, 17 2016, and annually thereafter, the maximum legal regulated rent for this 18 deregulation threshold, shall also be increased by the same percent as 19 the most recent one year renewal adjustment, adopted by the New York 20 city rent guidelines board pursuant to the rent stabilization law of 21 nineteen hundred sixty-nine. This exclusion shall apply regardless of 22 whether the next tenant in occupancy or any subsequent tenant in occu- 23 pancy is charged or pays less than two thousand dollars a month; or, for 24 any housing accommodation with a legal regulated rent of two thousand 25 five hundred dollars or more per month at any time on or after the 26 effective date of the rent act of 2011, which is or becomes vacant on or 27 after such effective date, but prior to the effective date of the rent 28 act of 2015; or, any housing accommodation with a legal regulated rent 29 [that was] of two thousand seven hundred dollars or more per month at 30 any time on or after the effective date of the rent act of 2015, which 31 becomes vacant after the effective date of the rent act of 2015, 32 provided, however, that starting on January 1, 2016, and annually there- 33 after, such legal regulated rent for this deregulation threshold, shall 34 also be increased by the same percentage as the most recent one year 35 renewal adjustment, adopted by the New York city rent guidelines board. 36 This exclusion shall apply regardless of whether the next tenant in 37 occupancy or any subsequent tenant in occupancy actually is charged or 38 pays less than two thousand seven hundred dollars, as adjusted by the 39 applicable rent guidelines board, a month. Provided however, that an 40 exclusion pursuant to this subdivision shall not apply to housing accom- 41 modations which became or become subject to this law (a) by virtue of 42 receiving tax benefits pursuant to section four hundred twenty-one-a or 43 four hundred eighty-nine of the real property tax law, except as other- 44 wise provided in subparagraph (i) of paragraph (f) of subdivision two of 45 section four hundred twenty-one-a of the real property tax law, or (b) 46 by virtue of article seven-C of the multiple dwelling law. This section 47 shall not apply, however, to or become effective with respect to housing 48 accommodations which the commissioner determines or finds that the land- 49 lord or any person acting on his or her behalf, with intent to cause the 50 tenant to vacate, engaged in any course of conduct (including, but not 51 limited to, interruption or discontinuance of required services) which 52 interfered with or disturbed or was intended to interfere with or 53 disturb the comfort, repose, peace or quiet of the tenant in his or her 54 use or occupancy of the housing accommodations and in connection with 55 such course of conduct, any other general enforcement provision of this 56 law shall also apply.S. 8014 5 1 b. The owner of any housing accommodation that is not subject to this 2 law pursuant to the provisions of subdivision a of this section or 3 subparagraph [k] (k) of paragraph [2] two of subdivision e of section 4 26-403 of this code shall give written notice certified by such owner to 5 the first tenant of that housing accommodation after such housing accom- 6 modation becomes exempt from the provisions of this law or the city rent 7 and rehabilitation law. Such notice shall contain the last regulated 8 rent, the reason that such housing accommodation is not subject to this 9 law or the city rent and rehabilitation law, a calculation of how either 10 the rental amount charged when there is no lease or the rental amount 11 provided for in the lease has been derived so as to reach two thousand 12 dollars or more per month or, for a housing accommodation with a legal 13 regulated rent or maximum rent of two thousand five hundred dollars or 14 more per month on or after the effective date of the rent act of 2011, 15 and before the effective date of the rent act of 2015, which is or 16 becomes vacant on or after such effective date, whether the next tenant 17 in occupancy or any subsequent tenant in occupancy actually is charged 18 or pays less than a legal regulated rent or maximum rent of two thousand 19 five hundred dollars or more per month, or two thousand seven hundred 20 dollars or more, per month, starting on January 1, 2016, and annually 21 thereafter, the maximum legal regulated rent for this deregulation 22 threshold, shall also be increased by the same percent as the most 23 recent one year renewal adjustment, adopted by the New York city rent 24 guidelines board pursuant to the rent stabilization law of nineteen 25 hundred sixty-nine, a statement that the last legal regulated rent or 26 the maximum rent may be verified by the tenant by contacting the state 27 division of housing and community renewal, or any successor thereto, and 28 the address and telephone number of such agency, or any successor there- 29 to. Such notice shall be sent by certified mail within thirty days after 30 the tenancy commences or after the signing of the lease by both parties, 31 whichever occurs first or shall be delivered to the tenant at the sign- 32 ing of the lease. In addition, the owner shall send and certify to the 33 tenant a copy of the registration statement for such housing accommo- 34 dation filed with the state division of housing and community renewal 35 indicating that such housing accommodation became exempt from the 36 provisions of this law or the city rent and rehabilitation law, which 37 form shall include the last regulated rent, and shall be sent to the 38 tenant within thirty days after the tenancy commences or the filing of 39 such registration, whichever occurs later. 40 § 5. Paragraph 14 of subdivision c of section 26-511 of the adminis- 41 trative code of the city of New York, as amended by section 12 of part A 42 of chapter 20 of the laws of 2015, is amended to read as follows: 43 (14) provides that where the amount of rent charged to and paid by the 44 tenant is less than the legal regulated rent for the housing accommo- 45 dation, the amount of rent for such housing accommodation which may be 46 charged upon renewal or upon vacancy thereof, may, at the option of the 47 owner, be based upon such previously established legal regulated rent, 48 as adjusted by the most recent applicable guidelines increases and any 49 other increases authorized by law. Such housing accommodation shall be 50 excluded from the provisions of this code pursuant to section 26-504.2 51 of this chapter when, subsequent to vacancy: (i) such legal regulated 52 rent [prior to vacancy] is two thousand five hundred dollars per month, 53 or more, for any housing accommodation that is or becomes vacant after 54 the effective date of the rent act of 2011 but prior to the effective 55 date of the rent act of 2015 or (ii) such legal regulated rent is two 56 thousand seven hundred dollars per month or more, provided, however thatS. 8014 6 1 on January 1, 2016, and annually thereafter, the maximum legal regulated 2 rent for this deregulation threshold shall be adjusted by the same 3 percentage as the most recent one year renewal adjustment as adjusted by 4 the relevant rent guidelines board, for any housing accommodation that 5 is or becomes vacant on or after the rent act of 2015. 6 § 6. Section 467-i of the real property tax law is REPEALED. 7 § 7. This act shall take effect immediately and shall be deemed to 8 have been in full force and effect on and after June 15, 2015; provided, 9 however that: 10 (a) the amendments to the emergency housing rent control law made by 11 section one of this act shall expire on the same date as such law 12 expires and shall not affect the expiration of such law as provided in 13 subdivision 2 of section 1 of chapter 274 of the laws of 1946; 14 (b) the amendments to the emergency tenant protection act of nineteen 15 seventy-four made by section two of this act shall expire on the same 16 date as such act expires and shall not affect the expiration of such act 17 as provided in section 17 of chapter 576 of the laws of 1974; 18 (c) the amendments to chapter 3 of title 26 of the administrative code 19 of the city of New York made by section three of this act shall remain 20 in full force and effect only as long as the public emergency requiring 21 the regulation and control of residential rents and evictions continues, 22 as provided in subdivision 3 of section 1 of the local emergency housing 23 rent control act; and 24 (d) the amendments to chapter 4 of title 26 of the administrative code 25 of the city of New York made by sections four and five of this act shall 26 expire on the same date as such chapter expires and shall not affect the 27 expiration of such chapter as provided under section 26-520 of such law.