senate Bill S1193A

Makes conforming technical changes to the New York City administrative code and the emergency tenant protection act relating to vacancy decontrol; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 05 / Jan / 2011
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 04 / Jan / 2012
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 03 / Feb / 2012
    • AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 03 / Feb / 2012
    • PRINT NUMBER 1193A

Summary

Makes conforming technical changes to the New York City administrative code and the emergency tenant protection act relating to vacancy decontrol.

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Bill Details

See Assembly Version of this Bill:
A2430A
Versions:
S1193
S1193A
Legislative Cycle:
2011-2012
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
New York City Administrative Code
Laws Affected:
Rpld §5 sub a ¶13, amd §10, Emerg Ten Prot Act of 1974; rpld §2 sub 2 ¶(n), Emerg Hous Rent Cont L; rpld §26-504.2, §26-403 sub e ¶2 sub¶ (k), amd §26-511, NYC Ad Cd
Versions Introduced in Previous Legislative Cycles:
2009-2010: S2237A, A2005
2007-2008: S5149B

Sponsor Memo

BILL NUMBER:S1193A

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
of emergency.

Section 2 would repeal paragraph (n) of subdivision 2 of section 2 of
chapter 274 of the laws of 1946, constituting the emergency rent
control law.

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 York.

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 effective date.

JUSTIFICATION:
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 decontrols 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:
2009/2010: S.2237A - (Died Housing)
2008: A.7416A - Passed Assembly/S.5149B Referred to Housing

FISCAL IMPLICATIONS:
Some costs may be incurred by DHCR.

EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that: (a)
the amendments to section 26-511 of chapter 4 of title 26 of the
administrative code of the city of New York made by section eight of
this act shall expire on the same date as such law expires and shall
not affect the expiration of such law as provided under section
26-520 of such law; and (b) the amendments to subdivision a-2 of
section 10 of section 4 of the emergency tenant protection act of
nineteen seventy-four made by section nine of this act shall expire
on the same date as such act expires and shall not affect the
expiration of such act as provided in section 17 of chapter 576 of
the laws of 1974.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1193--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by  Sens.  STEWART-COUSINS, KRUEGER, ADAMS, ADDABBO, AVELLA,
  BRESLIN, DIAZ, DUANE, HASSELL-THOMPSON, HUNTLEY,  MONTGOMERY,  PARKER,
  PERKINS,  SERRANO, SQUADRON, STAVISKY -- read twice and ordered print-
  ed, and when printed to be committed  to  the  Committee  on  Housing,
  Construction and Community Development -- recommitted to the Committee
  on  Housing, Construction and Community Development in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings  and  declaration of emergency. The
legislature hereby finds and declares that the serious public  emergency
which  led  to the enactment of the existing laws regulating residential
rents and evictions continues to exist;  that  such  laws  would  better
serve  the public interest if certain changes were made thereto, includ-
ing the continued regulation  of  certain  housing  accommodations  that
become  vacant  and  the  reinstatement of regulation of certain housing
accommodations that have been deregulated upon vacancy.
  The legislature further  recognizes  that  severe  disruption  of  the
rental  housing market has occurred and threatens to be exacerbated as a
result of the present state of the law in relation to  the  deregulation

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01749-02-2

S. 1193--A                          2

of  housing  accommodations  upon  vacancy.  The situation has permitted
speculative and profiteering practices and has brought about the loss of
vital and irreplaceable affordable housing for working persons and fami-
lies.
  The legislature therefore declares that in order to prevent uncertain-
ty,  potential  hardship  and  dislocation  of tenants living in housing
accommodations subject to  government  regulations  as  to  rentals  and
continued occupancy as well as those not subject to such regulation, the
provisions of this act are necessary to protect the public health, safe-
ty  and  general  welfare.  The necessity in the public interest for the
provisions hereinafter enacted is hereby declared as a matter of  legis-
lative determination.
  S 2. Paragraph (n) of subdivision 2 of section 2 of chapter 274 of the
laws  of  1946,  constituting the emergency housing rent control law, is
REPEALED.
  S 3. Paragraph 13 of subdivision a of section 5 of section 4 of  chap-
ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
protection act of nineteen seventy-four, is REPEALED.
  S 4. Subparagraph (k) of paragraph  2  of  subdivision  e  of  section
26-403 of the administrative code of the city of New York is REPEALED.
  S  5.  Section  26-504.2 of the administrative code of the city of New
York is REPEALED.
  S 6. Any housing accommodations that on or after January 1, 2007  were
excluded from coverage from the emergency tenant protection act of nine-
teen  seventy-four, the emergency housing rent control law or the admin-
istrative code of the city of New York pursuant to the provisions of law
repealed by sections two, three, four and five  of  this  act  shall  be
subject  to  the  provisions  of  such  act, law or administrative code,
respectively.  Notwithstanding the provisions of  any  lease  or  rental
agreement,  the  legal regulated rent or maximum collectible rent of any
housing accommodation excluded from regulation on or  after  January  1,
2007  by  reason of the provisions repealed by sections two, three, four
and five of this act shall  be  the  legal  regulated  rent  or  maximum
collectible  rent applicable to such accommodation on December 31, 2006,
subject to further adjustment in accordance with  applicable  provisions
of law.
  S  7.  Any  housing  accommodations that prior to January 1, 2007 were
excluded from coverage from the emergency tenant protection act of nine-
teen seventy-four, the emergency housing rent control law or the  admin-
istrative code of the city of New York pursuant to the provisions of law
repealed  by  sections two, three, four, and five of this act, and where
such housing accommodations were located outside the city  of  New  York
and  were  rented  to a tenant on or after January 1, 2007 for less than
$3,500 per month or were located within the city of New  York  and  were
rented  to  a tenant on or after January 1, 2007 for less than $5,000.00
per month, shall be subject to the provisions of such act, law or admin-
istrative code, respectively.   Notwithstanding the  provisions  of  any
lease  or rental agreement, the legal regulated rent or maximum collect-
ible rent of any housing accommodation excluded from regulation prior to
January 1, 2007 by reason of the provisions repealed  by  sections  two,
three, four and five of this act and made subject to regulation shall be
the  actual rent applicable to such accommodations on January 1, 2007 or
the first rent applicable to such accommodation after January  1,  2007,
subject  to  further adjustment in accordance with applicable provisions
of law.

S. 1193--A                          3

  S 8. Paragraph 14 of subdivision c of section 26-511 of  the  adminis-
trative code of the city of New York, as amended by section 14 of part B
of chapter 97 of the laws of 2011, is amended to read as follows:
  (14) provides that where the amount of rent charged to and paid by the
tenant  is  less  than the legal regulated rent for the housing accommo-
dation, the amount of rent for such housing accommodation which  may  be
charged  upon  renewal or upon vacancy thereof may, at the option of the
owner, be based upon such previously established legal  regulated  rent,
as  adjusted  by the most recent applicable guidelines increases and any
other increases authorized by law. [Where, subsequent to  vacancy,  such
legal  regulated  rent, as adjusted by the most recent applicable guide-
lines increases and any other increases authorized by law is  two  thou-
sand  dollars  or more per month or, for any housing accommodation which
is or becomes vacant on or after the effective date of the rent  act  of
2011, is two thousand five hundred dollars or more per month, such hous-
ing  accommodation  shall  be  excluded  from the provisions of this law
pursuant to section 26-504.2 of this chapter.]
  S 9. Subdivision a-2 of section 10 of section 4 of chapter 576 of  the
laws  of  1974 constituting the emergency tenant protection act of nine-
teen seventy-four, as amended by section 13 of part B of chapter  97  of
the laws of 2011, is amended to read as follows:
  (a-2)  Provides  that  where the amount of rent charged to and paid by
the tenant is less than the legal regulated rent for the housing  accom-
modation, the amount of rent for such housing accommodation which may be
charged  upon  renewal or upon vacancy thereof may, at the option of the
owner, be based upon such previously established legal  regulated  rent,
as adjusted by the most recent applicable guidelines increases and other
increases  authorized  by law. [Where, subsequent to vacancy, such legal
regulated rent, as adjusted by the  most  recent  applicable  guidelines
increases  and  any  other  increases  authorized by law is two thousand
dollars or more per month or, for any housing accommodation which is  or
becomes  vacant  on or after the effective date of the rent act of 2011,
is two thousand five hundred dollars or more  per  month,  such  housing
accommodation shall be excluded from the provisions of this act pursuant
to paragraph thirteen of subdivision a of section five of this act.]
  S 10. This act shall take effect immediately; provided, however, that:
  (a)  the  amendments to section 26-511 of chapter 4 of title 26 of the
administrative code of the city of New York made  by  section  eight  of
this act shall expire on the same date as such law expires and shall not
affect  the  expiration  of such law as provided under section 26-520 of
such law; and
  (b) the amendments to subdivision a-2 of section 10 of  section  4  of
the  emergency  tenant  protection  act of nineteen seventy-four made by
section nine of this act shall expire on  the  same  date  as  such  act
expires  and  shall not affect the expiration of such act as provided in
section 17 of chapter 576 of the laws of 1974.

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