Bill Text: NY S08090 | 2015-2016 | General Assembly | Introduced


Bill Title: Makes technical corrections to rent control provisions; repeals certain provisions relating to real property tax abatements.

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2016-06-15 - referred to housing [S08090 Detail]

Download: New_York-2015-S08090-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          8090
                    IN SENATE
                                      June 11, 2016
                                       ___________
        Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
          when printed to be committed to the Committee on Rules
        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
    25  starting on January 1, 2016, and annually thereafter, the maximum  legal
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14959-02-6

        S. 8090                             2
     1  regulated  rent for this deregulation threshold, shall also be increased
     2  by the same percentage as the most recent one year  renewal  adjustment,
     3  adopted  by  the  applicable rent guidelines board. This exclusion shall
     4  apply  regardless  of whether the next tenant in occupancy or any subse-
     5  quent tenant in occupancy actually is charged  or  pays  less  than  two
     6  thousand  seven  hundred  dollars,  as  adjusted  by the applicable rent
     7  guidelines board, per month. An exclusion  pursuant  to  this  paragraph
     8  shall not apply, however, to or become effective with respect to housing
     9  accommodations which the commissioner determines or finds that the land-
    10  lord or any person acting on his or her behalf, with intent to cause the
    11  tenant  to  vacate, has engaged in any course of conduct (including, but
    12  not limited to, interruption or  discontinuance  of  required  services)
    13  which  interfered with or disturbed or was intended to interfere with or
    14  disturb the comfort, repose, peace or quiet of the tenant in his or  her
    15  use  or  occupancy  of the housing accommodations and in connection with
    16  such course of conduct, any other general enforcement provision of  this
    17  law shall also apply.
    18    §  2. Paragraph 13 of subdivision a of section 5 of section 4 of chap-
    19  ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
    20  protection act of nineteen seventy-four, as amended by section 8 of part
    21  A of chapter 20 of the laws of 2015, is amended to read as follows:
    22    (13)  any  housing  accommodation  with  a legal regulated rent of two
    23  thousand dollars or more per month at any  time  between  the  effective
    24  date  of this paragraph and October first, nineteen hundred ninety-three
    25  which is or becomes vacant on or after the effective date of this  para-
    26  graph;  or, for any housing accommodation with a legal regulated rent of
    27  two thousand dollars or more per month at  any  time  on  or  after  the
    28  effective  date of the rent regulation reform act of 1997 and before the
    29  effective date of the rent act of 2011, which is or becomes vacant on or
    30  after the effective date of the rent regulation reform act of  1997  and
    31  before  the effective date of the rent act of 2011. This exclusion shall
    32  apply regardless of whether the next tenant in occupancy or  any  subse-
    33  quent  tenant  in  occupancy  is  charged or pays less than two thousand
    34  dollars a month; or, for any housing accommodation with  a  legal  regu-
    35  lated rent of two thousand five hundred dollars or more per month at any
    36  time on or after the effective date of the rent act of 2011, which is or
    37  becomes  vacant on or after such effective date, but prior to the effec-
    38  tive date of the rent act of 2015; or, any housing accommodation with  a
    39  legal regulated rent [that was] of two thousand seven hundred dollars or
    40  more  per  month  at any time on or after the effective date of the rent
    41  act of 2015, which becomes vacant after the effective date of  the  rent
    42  act  of  2015,  provided, however, that starting on January 1, 2016, and
    43  annually thereafter, the maximum legal regulated rent for  this  deregu-
    44  lation  threshold, shall also be increased by the same percentage as the
    45  most recent one year renewal adjustment, adopted by the applicable  rent
    46  guidelines  board.  An  exclusion pursuant to this paragraph shall apply
    47  regardless of whether the next tenant in  occupancy  or  any  subsequent
    48  tenant  in  occupancy actually is charged or pays less than two thousand
    49  seven hundred dollars a  month.  Provided  however,  that  an  exclusion
    50  pursuant  to  this  paragraph  shall not apply to housing accommodations
    51  which became or become subject to this act (a) by  virtue  of  receiving
    52  tax  benefits  pursuant  to  section  four  hundred twenty-one-a or four
    53  hundred eighty-nine of the real property tax law,  except  as  otherwise
    54  provided  in  subparagraph  (i)  of  paragraph (f) of subdivision two of
    55  section four hundred twenty-one-a of the real property tax law,  or  (b)
    56  by  virtue  of  article seven-C of the multiple dwelling law. This para-

        S. 8090                             3
     1  graph shall not apply, however, to or become effective with  respect  to
     2  housing  accommodations  which the commissioner determines or finds that
     3  the landlord or any person acting on his or her behalf, with  intent  to
     4  cause  the  tenant  to  vacate,  has  engaged  in  any course of conduct
     5  (including, but  not  limited  to,  interruption  or  discontinuance  of
     6  required services) which interfered with or disturbed or was intended to
     7  interfere  with  or  disturb  the comfort, repose, peace or quiet of the
     8  tenant in his or her use or occupancy of the housing accommodations  and
     9  in connection with such course of conduct, any other general enforcement
    10  provision of this act shall also apply.
    11    §  3.  Subparagraph  (k)  of  paragraph  2 of subdivision e of section
    12  26-403 of the administrative code of the city of New York, as amended by
    13  section 9 of part A of chapter 20 of the laws of  2015,  is  amended  to
    14  read as follows:
    15    (k)  Any  housing accommodation which becomes vacant on or after April
    16  first, nineteen hundred ninety-seven and before the  effective  date  of
    17  the  rent  act  of  2011,  and where at the time the tenant vacated such
    18  housing accommodation the maximum rent was two thousand dollars or  more
    19  per  month; or, for any housing accommodation which is or becomes vacant
    20  on or after the effective date of the rent regulation reform act of 1997
    21  and before the effective date of the rent act of  2011  with  a  maximum
    22  rent  of  two  thousand  dollars or more per month. This exclusion shall
    23  apply regardless of whether the next tenant in occupancy or  any  subse-
    24  quent  tenant  in  occupancy  is  charged or pays less than two thousand
    25  dollars a month; or, for any housing accommodation with a  maximum  rent
    26  of two thousand five hundred dollars or more per month at any time on or
    27  after  the  effective  date of the rent act of 2011, which is or becomes
    28  vacant on or after such effective date, but prior to the effective  date
    29  of  the  rent  act  of  2015; or, any housing accommodation with a legal
    30  regulated rent [that was] of two thousand seven hundred dollars or  more
    31  per  month at any time on or after the effective date of the rent act of
    32  2015, which becomes vacant after the effective date of the rent  act  of
    33  2015,  provided, however, that starting on January 1, 2016, and annually
    34  thereafter, the maximum  legal  regulated  rent  for  this  deregulation
    35  threshold,  shall  also  be  increased  by  the same percent as the most
    36  recent one year renewal adjustment, adopted by the New  York  city  rent
    37  guidelines  board pursuant to the rent stabilization law. This exclusion
    38  shall apply regardless of whether the next tenant in  occupancy  or  any
    39  subsequent tenant in occupancy actually is charged or pays less than two
    40  thousand seven hundred dollars a month. Provided however, that an exclu-
    41  sion  pursuant  to this subparagraph shall not apply to housing accommo-
    42  dations which became or become subject to this law by virtue of  receiv-
    43  ing  tax  benefits  pursuant  to section four hundred eighty-nine of the
    44  real property tax law. This subparagraph shall not apply, however, to or
    45  become effective  with  respect  to  housing  accommodations  which  the
    46  commissioner  determines or finds that the landlord or any person acting
    47  on his or her behalf, with intent to cause the  tenant  to  vacate,  has
    48  engaged  in any course of conduct (including, but not limited to, inter-
    49  ruption or discontinuance of required services) which interfered with or
    50  disturbed or was intended to interfere  with  or  disturb  the  comfort,
    51  repose,  peace  or quiet of the tenant in his or her use or occupancy of
    52  the housing  accommodations  and  in  connection  with  such  course  of
    53  conduct,  any other general enforcement provision of this law shall also
    54  apply.

        S. 8090                             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.  This
    21  exclusion shall apply regardless of whether the next tenant in occupancy
    22  or  any  subsequent tenant in occupancy is charged or pays less than two
    23  thousand dollars a month; or, for any housing accommodation with a legal
    24  regulated rent of two thousand five hundred dollars or more per month at
    25  any time on or after the effective date of the rent act of  2011,  which
    26  is  or  becomes vacant on or after such effective date, but prior to the
    27  effective date of the rent act of 2015; or,  any  housing  accommodation
    28  with  a  legal  regulated  rent [that was] of two thousand seven hundred
    29  dollars or more per month at any time on or after the effective date  of
    30  the  rent  act of 2015, which becomes vacant after the effective date of
    31  the rent act of 2015, provided, however, that  starting  on  January  1,
    32  2016, and annually thereafter, such legal regulated rent for this dereg-
    33  ulation threshold, shall also be increased by the same percentage as the
    34  most  recent  one  year renewal adjustment, adopted by the New York city
    35  rent guidelines board. This exclusion shall apply regardless of  whether
    36  the next tenant in occupancy or any subsequent tenant in occupancy actu-
    37  ally is charged or pays less than two thousand seven hundred dollars, as
    38  adjusted  by  the  applicable  rent  guidelines board, a month. Provided
    39  however, that an exclusion pursuant to this subdivision shall not  apply
    40  to housing accommodations which became or become subject to this law (a)
    41  by  virtue  of  receiving  tax benefits pursuant to section four hundred
    42  twenty-one-a or four hundred eighty-nine of the real property  tax  law,
    43  except  as  otherwise  provided  in subparagraph (i) of paragraph (f) of
    44  subdivision two of section four hundred twenty-one-a of the real proper-
    45  ty tax law, or (b) by virtue of article seven-C of the multiple dwelling
    46  law. This section shall not apply, however, to or become effective  with
    47  respect  to  housing accommodations which the commissioner determines or
    48  finds that the landlord or any person acting on his or her behalf,  with
    49  intent  to  cause the tenant to vacate, engaged in any course of conduct
    50  (including, but  not  limited  to,  interruption  or  discontinuance  of
    51  required services) which interfered with or disturbed or was intended to
    52  interfere  with  or  disturb  the comfort, repose, peace or quiet of the
    53  tenant in his or her use or occupancy of the housing accommodations  and
    54  in connection with such course of conduct, any other general enforcement
    55  provision of this law shall also apply.

        S. 8090                             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 of paragraph 2 of subdivision e of section 26-403 of this
     4  code  shall  give  written  notice  certified by such owner to the first
     5  tenant  of  that  housing accommodation after such housing accommodation
     6  becomes exempt from the provisions of this law  or  the  city  rent  and
     7  rehabilitation  law.  Such notice shall contain the last regulated rent,
     8  the reason that such housing accommodation is not subject to this law or
     9  the city rent and rehabilitation law, a calculation of  how  either  the
    10  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,  a  statement
    25  that  the  last legal regulated rent or the maximum rent may be verified
    26  by the tenant by contacting the state division of housing and  community
    27  renewal,  or any successor thereto, and the address and telephone number
    28  of such agency, or any successor thereto. Such notice shall be  sent  by
    29  certified  mail  within thirty days after the tenancy commences or after
    30  the signing of the lease by both  parties,  whichever  occurs  first  or
    31  shall  be  delivered to the tenant at the signing of the lease. In addi-
    32  tion, the owner shall send and certify to  the  tenant  a  copy  of  the
    33  registration  statement  for  such  housing accommodation filed with the
    34  state division of housing and community  renewal  indicating  that  such
    35  housing  accommodation  became exempt from the provisions of this law or
    36  the city rent and rehabilitation law, which form shall include the  last
    37  regulated rent, and shall be sent to the tenant within thirty days after
    38  the  tenancy  commences  or  the  filing of such registration, whichever
    39  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. 8090                             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.
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