senate Bill S6472

Authorizes an increase in the rent of a rent regulated housing accommodation when the tenants vacate and family members of such tenants renew the lease

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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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actions

  • 13 / Feb / 2012
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 30 / Apr / 2012
    • 1ST REPORT CAL.604
  • 01 / May / 2012
    • 2ND REPORT CAL.
  • 02 / May / 2012
    • ADVANCED TO THIRD READING
  • 05 / Jun / 2012
    • PASSED SENATE
  • 05 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 05 / Jun / 2012
    • REFERRED TO HOUSING

Summary

Authorizes an increase in the rent of a rent regulated housing accommodation when the tenants vacate and family members of such tenants renew the lease.

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Bill Details

Versions:
S6472
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Amd §§26-403.2 & 26-512, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974; amd §5, Emerg Hous Rent Cont L; amd §1, Chap 21 of 1962

Sponsor Memo

BILL NUMBER:S6472

TITLE OF BILL: An act to amend the administrative code of the city of
New York, the emergency tenant protection act of nineteen seventy-four,
the emergency housing rent control law and the local emergency housing
rent control act, in relation to rent increases for rent regulated hous-
ing accommodations upon succession of the tenants

PURPOSE: This bill would allow property owners of rent regulated prop-
erties, in instances where a family member has succeeded to the prior
tenant's tenancy, to obtain vacancy increases and other increases which
would have been authorized had the succeeding tenant not been a family
member. The bill also provides for a one time right of family
succession.

SUMMARY OF PROVISIONS: This bill amends the emergency housing rent
control law, the emergency tenant protection act of 1974 and the admin-
istrative code of the city of New York to authorize property owners to
treat instances where family members succeed to the tenancy of a rent
regulated apartment upon the permanent departure of the initial tenant
as a vacancy for the purposes of rent increases. This bill amends the
provisions of the Rent Regulation Reform Act which permits these
increases upon the second, as opposed to the initial, succession.

JUSTIFICATION: In every rental situation outside of rent control and
rent stabilization, a property owner who enters into a lease with the
person named in the lease knows that the lease obligations terminate
with the death or departure of the tenant and that no other persons have
any rights to continue in occupancy. Family members or others who seek.
to remain in occupancy may do subject to the consent of the property
owner and are subject to any and all rent increases and other lease
terms as may be agreed upon between them.

The rules under rent regulation are different. Persons who qualify as
family members of the named tenant are, assuming they meet various legal
qualifications, entitled to succeed to a tenancy and are insulated from
the vacancy and other lease increases to which any other new tenant
would be subject, and to which a property owner would ordinarily be
entitled, if such persons were not family members. Under current law,
those persons who succeed to the tenancy of the lessee family member are
subject only to the same renewal lease increases that the family member
would have been charged. In those instances, property owners are
deprived of the vacancy and other increases they would otherwise receive
if succession did not occur.

This bill does not affect the rights of persons entitled to initially
succeed to the apartments that were previously occupied by a family
member. It does however provide for a one time only right of succession
for family members providing that after the initial renewal lease, no
other family members shall be entitled to subsequent succession. This
bill does, however, allow property owners to obtain the vacancy and

other lease increases they would have obtained had the family members
not succeeded to the apartment.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  6472

                            I N  S E N A T E

                            February 13, 2012
                               ___________

Introduced  by  Sen.  YOUNG  -- 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 administrative code of the city of New York, the
  emergency tenant protection act of nineteen seventy-four, the emergen-
  cy housing rent control law  and  the  local  emergency  housing  rent
  control  act, in relation to rent increases for rent regulated housing
  accommodations upon succession of the tenants

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

  Section  1. Section 26-403.2 of the administrative code of the city of
New York, as added by chapter 116 of the laws of  1997,  is  amended  to
read as follows:
  S  26-403.2  Increase in maximum collectable rent. Notwithstanding any
provision of this law to the contrary, in the  case  where  all  tenants
occupying  the  housing  accommodation  on  the  effective  date of this
section have vacated the housing accommodation and a  family  member  of
such  vacating  tenant or tenants is entitled to and continues to occupy
the housing accommodation subject to the protections of  this  law,  [if
such accommodation continues to be subject to this law after such family
member vacates,] on the occurrence of such vacancy the maximum collecta-
ble  rent  OF  SUCH  FAMILY  MEMBER  OF  SUCH TENANT OR TENANTS shall be
increased by a sum equal to the allowance then  in  effect  for  vacancy
leases  for housing accommodations covered by the rent stabilization law
of nineteen hundred sixty-nine, including the amount  allowed  by  para-
graph  five-a  of  subdivision  c  of  section  26-511 of such law. This
increase shall be in addition to any other  increases  provided  for  in
this law including an adjustment based upon a major capital improvement,
or  a  substantial increase or decrease in dwelling space or a change in
the services, furniture, furnishings or equipment provided in the  hous-
ing  accommodation, pursuant to section 26-405 of this law [and shall be
applicable in like manner to each second subsequent  succession].  WHERE
ALL TENANTS NAMED IN A LEASE HAVE PERMANENTLY VACATED A HOUSING ACCOMMO-
DATION  AND  A  FAMILY  MEMBER  OF SUCH TENANT OR TENANTS HAS EXECUTED A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14406-01-2

S. 6472                             2

RENEWAL LEASE FOR THE HOUSING ACCOMMODATION,  NO  OTHER  FAMILY  MEMBERS
SHALL THEREAFTER BE ENTITLED TO EXECUTE A RENEWAL LEASE FOR SUCH HOUSING
ACCOMMODATION.
  S  2.    Subdivision f of section 26-512 of the administrative code of
the city of New York, as added by chapter 116 of the laws  of  1997,  is
amended to read as follows:
  f.  Notwithstanding  any provision of this law to the contrary, in the
case where all tenants named in a lease have permanently vacated a hous-
ing accommodation and a family member of such tenant or tenants is enti-
tled to and executes a renewal lease for the housing  accommodation  [if
such accommodation continues to be subject to this law after such family
member  vacates, on the occurrence of such vacancy], the legal regulated
rent OF SUCH FAMILY MEMBER FOR SUCH RENEWAL LEASE shall be increased  by
a  sum equal to the allowance then in effect for vacancy leases, includ-
ing the amount allowed by paragraph (five-a) of subdivision c of section
26-511 of this law. Such increase shall be  in  addition  to  any  other
increases  provided for in this law including an adjustment based upon a
major capital improvement, or a substantial modification or increase  of
dwelling space or services, or installation of new equipment or improve-
ments  or  new  furniture  or  furnishings provided in or to the housing
accommodation pursuant to section 26-511  of  this  law  [and  shall  be
applicable  in  like manner to each second subsequent succession]. WHERE
ALL TENANTS NAMED IN A LEASE HAVE PERMANENTLY VACATED A HOUSING ACCOMMO-
DATION AND A FAMILY MEMBER OF SUCH TENANT  OR  TENANTS  HAS  EXECUTED  A
RENEWAL  LEASE  FOR  THE  HOUSING ACCOMMODATION, NO OTHER FAMILY MEMBERS
SHALL THEREAFTER BE ENTITLED TO EXECUTE A RENEWAL LEASE FOR SUCH HOUSING
ACCOMMODATION.
  S 3. Subdivision g of section 6 of section 4 of  chapter  576  of  the
laws  of 1974, constituting the emergency tenant protection act of nine-
teen seventy-four, as added by chapter 116  of  the  laws  of  1997,  is
amended to read as follows:
  g.  Notwithstanding  any provision of this act to the contrary, in the
case where all tenants named in a lease have permanently vacated a hous-
ing accommodation and a family member of such tenant or tenants is enti-
tled to and executes a renewal lease for the housing  accommodation  [if
such accommodation continues to be subject to this act after such family
member  vacates, on the occurrence of such vacancy], the legal regulated
rent OF SUCH FAMILY MEMBER FOR SUCH RENEWAL LEASE shall be increased  by
a  sum equal to the allowance then in effect for vacancy leases, includ-
ing the amount allowed by subdivision (a-1) of section ten of this  act.
Such  increase  shall be in addition to any other increases provided for
in this act including an adjustment based upon a major capital  improve-
ment,  or  a  substantial  modification or increase of dwelling space or
services, or installation of new equipment or improvements or new furni-
ture or furnishings provided in or to the housing accommodation,  pursu-
ant  to  section six of this act [and shall be applicable in like manner
to each second subsequent succession].   WHERE ALL TENANTS  NAMED  IN  A
LEASE  HAVE  PERMANENTLY  VACATED  A  HOUSING ACCOMMODATION AND A FAMILY
MEMBER OF SUCH TENANT OR TENANTS HAS EXECUTED A RENEWAL  LEASE  FOR  THE
HOUSING ACCOMMODATION, NO OTHER FAMILY MEMBERS SHALL THEREAFTER BE ENTI-
TLED TO EXECUTE A RENEWAL LEASE FOR SUCH HOUSING ACCOMMODATION.
  S  4.  Subdivision  9 of section 5 of chapter 274 of the laws of 1946,
constituting the emergency housing rent control law, as added by chapter
116 of the laws of 1997, is amended to read as follows:
  9. Notwithstanding any provision of this law to the contrary,  in  the
case where all tenants occupying the housing accommodation on the effec-

S. 6472                             3

tive date of this subdivision have vacated the housing accommodation and
a  family  member  of such vacating tenant or tenants is entitled to and
continues to occupy the housing accommodation subject to the protections
of  this law, [if such accommodation continues to be subject to this law
after such family member vacates,] on the occurrence of such vacancy the
maximum collectable rent OF SUCH FAMILY MEMBER OF SUCH TENANT OR TENANTS
shall be increased by a sum equal to the allowance then  in  effect  for
vacancy leases for housing accommodations covered by the rent stabiliza-
tion law of nineteen hundred sixty-nine, including the amount allowed by
paragraph  five-a  of  subdivision c of section 26-511 of such law. This
increase shall be in addition to any other increases  provided  in  this
law including an adjustment based upon a major capital improvement, or a
substantial  increase  or  decrease in dwelling space or a change in the
services, furniture, furnishings or equipment provided  in  the  housing
accommodation, pursuant to section four of this law [and shall be appli-
cable  in  like manner to each second subsequent succession].  WHERE ALL
TENANTS NAMED IN A LEASE HAVE PERMANENTLY  VACATED  A  HOUSING  ACCOMMO-
DATION  AND  A  FAMILY  MEMBER  OF SUCH TENANT OR TENANTS HAS EXECUTED A
RENEWAL LEASE FOR THE HOUSING ACCOMMODATION,  NO  OTHER  FAMILY  MEMBERS
SHALL THEREAFTER BE ENTITLED TO EXECUTE A RENEWAL LEASE FOR SUCH HOUSING
ACCOMMODATION.
  S 5. The sixth undesignated paragraph of subdivision 5 of section 1 of
chapter  21  of  the laws of 1962, constituting the local emergency rent
control act, as amended by chapter 82 of the laws of 2003, is amended to
read as follows:
  Notwithstanding any provision of this act to the contrary,  any  local
law  adopted pursuant to this act shall provide that notwithstanding any
provision of such local law in the case where all tenants occupying  the
housing  accommodation  on  the  effective  date  of this paragraph have
vacated the housing accommodation and a family member of  such  vacating
tenant  or  tenants  is  entitled to and continues to occupy the housing
accommodation subject to the protections of such act, [if such  accommo-
dation  continues  to  be  subject  to such act after such family member
vacates,] on the occurrence of such vacancy the maximum collectable rent
OF SUCH FAMILY MEMBER OF SUCH TENANT OR TENANTS shall be increased by  a
sum equal to the allowance then in effect for vacancy leases for housing
accommodations covered by the rent stabilization law of nineteen hundred
sixty-nine,  including the amount allowed by paragraph (5-a) of subdivi-
sion c of section 26-511 of such law. This increase shall be in addition
to any other increases provided for in this act [and shall be applicable
in like manner to each second subsequent succession].  WHERE ALL TENANTS
NAMED IN A LEASE HAVE PERMANENTLY VACATED A HOUSING ACCOMMODATION AND  A
FAMILY MEMBER OF SUCH TENANT OR TENANTS HAS EXECUTED A RENEWAL LEASE FOR
THE  HOUSING  ACCOMMODATION, NO OTHER FAMILY MEMBERS SHALL THEREAFTER BE
ENTITLED TO EXECUTE A RENEWAL LEASE FOR SUCH HOUSING ACCOMMODATION.
  S 6. This act shall take effect immediately and  shall  apply  to  all
leases  and renewal leases in effect immediately prior to such effective
date, including renewal leases executed by a family member of  a  tenant
or  tenants  named  in  a  lease  who have permanently vacated a housing
accommodation; provided, that:
  (a) the amendments to section 26-403.2 of the city rent and  rehabili-
tation  law  made  by section one of this act shall remain in full force
and effect only as long as the public emergency requiring the regulation
and control of residential rents and evictions continues, as provided in
subdivision 3 of section 1 of the local emergency housing  rent  control
act;

S. 6472                             4

  (b)  that the amendments to subdivision f of section 26-512 of chapter
4 of title 26 of the administrative code of the city of New York made by
section two 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;
  (c)  the  amendments  to  subdivision  g of section 6 of the emergency
tenant protection act of nineteen seventy-four made by section three  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;
  (d) the amendments to subdivision 9 of  section  5  of  the  emergency
housing  rent  control law made by section four of this act shall expire
on the same date as such law expires and shall not affect the expiration
of such law as provided in subdivision 2 of section 1 of chapter 274  of
the laws of 1946; and
  (e)  the amendments to subdivision 5 of section one of the local emer-
gency housing rent control act, made by section five of this act,  shall
not  affect  the effectiveness of such subdivision and shall cease to be
in full force and effect pursuant to subdivision 3 of such section.

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