BILL NUMBER: S2237A
TITLE OF BILL :
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 making conforming technical changes; and to repeal
paragraph 13 of subdivision a of section 5 of section 4 of chapter 576
of the laws of 1974 constituting the emergency tenant protection act
of nineteen seventy-four, paragraph (n) of subdivision 2 of section 2
of chapter 274 of the laws of 1946, constituting the emergency housing
rent control law, and section 26-504.2 and subparagraph (k) of
paragraph 2 of subdivision e of section 26-403 of the administrative
code of the city of New York, relating to vacancy decontrol
PURPOSE OR GENERAL IDEA OF BILL :
This bill repeals provisions of New York State and New York City
statutes that remove apartments from rent stabilization or rent
control when such apartments are vacated and could be rented under
such statutes for monthly rents of $2,000 or more.
SUMMARY OF SPECIFIC PROVISIONS :
Section 1 of this bill sets forth legislative findings and declaration
Section 2 would repeal paragraph (n) of subdivision 2 of section 2 of
chapter 274 of the laws of 1946, constituting the emergency rent
Section 3 of this bill would repeal paragraph 13 of subdivision a of
section 5 of section 4 of chapter 576 of the laws of 1974,
constituting the emergency tenant protection act of 1974.
Section 4 would repeal subparagraph (k) of paragraph 2 of subdivision
e of section 26-403 of the administrative code of the city of New
Section 5 would repeal section 26-504.2 of the administrative code of
the city of New York.
Section 6 and section 7 also subject accommodations to regulation
under such laws which were deregulated upon vacancy on or after
January 1, 2007 or which were deregulated upon vacancy prior to
January 1, 2007 and which rented for less than $5,000 per month in New
York city or less than $3,500 per month in the counties of
Westchester, Nassau, and Rockland on or after January 1, 2007.
Section 8 and 9 repeal vacancy decontrol provisions of the New York
City Administrative Code and the Emergency Tenant Protection Act that
relate to preferential rents, respectively.
Section 10 provides for an immediate date.
The shortage of affordable housing in New York City, in the suburban
counties of Westchester, Nassau, and Rockland and in many other areas
of the state is an acute crisis. The systems of rent regulation
presently existing are the single most effective program of state and
local governments to preserve the supply of affordable housing.
These programs have been seriously eroded by the vacancy apartment
rents to the $2,000 threshold for vacancy decontrol laws. Available
data and several studies suggest that over 300,000 rent stabilized
apartments have been removed from regulation in New York City and the
counties of Westchester, Nassau, and Rockland under vacancy decontrol.
The pace at which vacancy decontrol removes affordable housing units
from regulation is accelerating with each passing year. Vacancy
decontrol is an incentive for owners of rental housing to withhold
services and to use forms of harassment to induce regulated tenants to
vacate their rental units. In some instances, costs of renovation have
been inflated or even falsified in order to drive apartment rents to
the $2,000 threshold for vacancy decontrol. In other cases no
renovations at all are done to vacant apartments and such apartments
are treated as deregulated regardless of the legal rent. Such abuses
are made possible by the existence of the vacancy decontrol laws.
Repeal of vacancy decontrol is essential to restore the integrity of
the rent regulation systems and to protect the state's precious supply
of affordable housing.
PRIOR LEGISLATIVE HISTORY :
Similar to: 2008: A.7416A-passed Assembly/S.5149B Referred to Housing
2007: A.7416A - Passed Assembly 2006: A.6916 - Housing 2005: A.6916 -
Third reading calendar 2004: A.10845 - Passed Assembly 2002: A.1101-
FISCAL IMPLICATIONS :
Some costs may be incurred by DHCR.
EFFECTIVE DATE :
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