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.
LBD15188-01-8
S. 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 that
S. 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.