S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    496
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of A. ROSENTHAL, GLICK, COLTON, GOTTFRIED, KAVANAGH,
   CYMBROWITZ -- Multi-Sponsored by -- M. of A. DenDEKKER  --  read  once
   and referred to the Committee on Housing
 
 AN  ACT to amend the administrative code of the city of New York and the
   emergency housing rent control law, in relation to  the  establishment
   of rent adjustments

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision a of section 26-405 of the administrative code
 of the city of New York is amended by adding a new paragraph 10 to  read
 as follows:
   (10)  (A) NOTWITHSTANDING ANY CONTRARY PROVISIONS OF THIS SUBDIVISION,
 EFFECTIVE JANUARY FIRST, TWO THOUSAND EIGHTEEN, MAXIMUM RENTS FOR  HOUS-
 ING  ACCOMMODATIONS  SUBJECT  TO  THIS CHAPTER SHALL NO LONGER BE ESTAB-
 LISHED PURSUANT TO PARAGRAPHS THREE AND FOUR  OF  THIS  SUBDIVISION,  OR
 LIMITED  BY  PARAGRAPH FIVE OF THIS SUBDIVISION, OR ADJUSTED BY SUBPARA-
 GRAPH (L) OR (N) OF PARAGRAPH ONE OF SUBDIVISION G OF THIS SECTION.
   (B) EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH,  THE  RENT  GUIDE-
 LINES  BOARD  ESTABLISHED PURSUANT TO SECTION 26-510 OF THIS TITLE SHALL
 ESTABLISH ANNUAL RATES OF RENT  ADJUSTMENT  FOR  THE  CLASS  OF  HOUSING
 ACCOMMODATIONS  SUBJECT  TO THIS CHAPTER, IN THE MANNER PROVIDED BY SUCH
 SECTION. THE FACT THAT THE HOUSING  ACCOMMODATION  IS  SUBJECT  TO  THIS
 CHAPTER  MAY  NOT  BE  CONSIDERED AS A FACTOR IN DETERMINING THE RATE OF
 RENT ADJUSTMENT. NOT LATER THAN OCTOBER FIRST, TWO  THOUSAND  SEVENTEEN,
 AND  NOT  LATER  THAN OCTOBER FIRST ANNUALLY THEREAFTER, THE RENT GUIDE-
 LINES BOARD SHALL FILE WITH THE CITY CLERK AND THE DIVISION  OF  HOUSING
 AND  COMMUNITY  RENEWAL ITS FINDINGS ESTABLISHED IN CONSIDERATION OF THE
 ECONOMIC FACTORS LISTED IN SUBDIVISION  B  OF  SECTION  26-510  OF  THIS
 TITLE, AND SHALL ACCOMPANY SUCH FINDINGS WITH A STATEMENT OF THE MAXIMUM
 RATE  OR  RATES  OF  RENT ADJUSTMENT, IF ANY, FOR ONE OR MORE CLASSES OF
 ACCOMMODATIONS SUBJECT TO THIS CHAPTER AUTHORIZED FOR THE ADJUSTMENT  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04932-02-7

 A. 496                              2
 
 THE MAXIMUM RENT OF THE HOUSING ACCOMMODATION FOR THE TWELVE MONTH PERI-
 OD  COMMENCING  JANUARY  FIRST,  TWO  THOUSAND  SEVENTEEN  AND  FOR EACH
 SUCCEEDING TWELVE MONTH PERIOD.
   (C)  EFFECTIVE  JANUARY FIRST, TWO THOUSAND EIGHTEEN, THE MAXIMUM RENT
 COLLECTIBLE FROM THE TENANT SHALL BE THE  MAXIMUM  RENT  COLLECTIBLE  ON
 DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  SEVENTEEN,  AS  SUCH RENT MAY BE
 ADJUSTED PURSUANT TO SUBPARAGRAPH (B) OF THIS PARAGRAPH ANNUALLY,  WITH-
 OUT  AN  ORDER  OF  THE CITY RENT AGENCY, OR AS ADJUSTED PURSUANT TO ANY
 OTHER PROVISION OF THIS CHAPTER, PROVIDED  THAT  A  LANDLORD  SHALL  NOT
 COLLECT  ANY  RENT  INCREASE  OR  ADJUSTMENT OTHERWISE COLLECTIBLE UNDER
 SUBPARAGRAPH (B) OF THIS PARAGRAPH  UNLESS  AND  UNTIL  THE  FIRST  RENT
 PAYMENT  DATE  AFTER THE LANDLORD CERTIFIES TO THE CITY RENT AGENCY THAT
 ALL RENT IMPAIRING VIOLATIONS, AS DEFINED BY SECTION THREE HUNDRED TWO-A
 OF THE MULTIPLE DWELLING LAW, AND AT LEAST  EIGHTY  PER  CENTUM  OF  ALL
 OTHER VIOLATIONS OF THE HOUSING MAINTENANCE CODE OR OTHER STATE OR LOCAL
 LAWS  THAT  IMPOSE  REQUIREMENTS  ON  PROPERTY  AND  WHICH WERE RECORDED
 AGAINST THE PROPERTY ON JULY FIRST, TWO THOUSAND FOURTEEN, OR JULY FIRST
 OF THE YEAR PRECEDING THE ADJUSTMENT,  WHICHEVER  IS  LATER,  HAVE  BEEN
 CLEARED,  CORRECTED  OR ABATED AND THE LANDLORD HAS RECEIVED AN ORDER OF
 ELIGIBILITY FROM THE  CITY  RENT  AGENCY  THAT  THE  VIOLATION  CLEARING
 REQUIREMENTS  SET  FORTH ABOVE HAVE BEEN MET AND FURTHER AUTHORIZING THE
 LANDLORD TO COLLECT ANY RENT INCREASE OR ADJUSTMENT AUTHORIZED  PURSUANT
 TO  SUBPARAGRAPH (B) OF THIS PARAGRAPH, AND THE LANDLORD HAS SERVED SUCH
 ORDER UPON THE TENANT RESIDING IN THE HOUSING ACCOMMODATION AND THAT THE
 LANDLORD HAS MAINTAINED ALL ESSENTIAL AND REQUIRED SERVICES PURSUANT  TO
 SECTIONS 2202.16 AND 2102.4 OF THE NEW YORK CITY RENT AND EVICTION REGU-
 LATIONS.    ANY HOUSING ACCOMMODATION FOR WHICH A RENT INCREASE PURSUANT
 TO PARAGRAPHS THREE AND FOUR OF THIS SUBDIVISION HAS TAKEN EFFECT ON  OR
 AFTER  JULY  FIRST,  TWO  THOUSAND  SEVENTEEN SHALL NOT BE SUBJECT TO AN
 INITIAL RENT ADJUSTMENT PURSUANT  TO  THIS  SUBPARAGRAPH  UNTIL  JANUARY
 FIRST, TWO THOUSAND NINETEEN.
   (D)  MAXIMUM  RATES  OF  RENT ADJUSTMENT SHALL NOT BE ESTABLISHED MORE
 THAN ONCE ANNUALLY FOR ANY HOUSING ACCOMMODATION SUBJECT TO THIS CHAPTER
 WITHIN THE RENT GUIDELINES BOARD'S JURISDICTION.  ONCE  ESTABLISHED,  NO
 SUCH  RATE SHALL BE ADJUSTED BY ANY SURCHARGE, SUPPLEMENTARY ADJUSTMENT,
 REOPENER OR OTHER MODIFICATION.
   (E) NOTHING CONTAINED IN  THIS  PARAGRAPH  SHALL  ALTER,  RESTRICT  OR
 IMPAIR  AN  OWNER'S  RIGHT  TO  ESTABLISH THE INITIAL REGULATED RENT FOR
 ACCOMMODATIONS SUBJECT TO THIS CHAPTER WHICH BECOME VACANT.
   § 2. Section 4 of chapter 274 of the laws of  1946,  constituting  the
 emergency  housing rent control law, is amended by adding a new subdivi-
 sion 9 to read as follows:
   9. NOTWITHSTANDING ANY CONTRARY  PROVISIONS  OF  THIS  LAW,  EFFECTIVE
 JANUARY  FIRST,  TWO  THOUSAND EIGHTEEN, EXCEPT AS OTHERWISE PROVIDED IN
 THIS SUBDIVISION, THE RENT FOR HOUSING ACCOMMODATIONS  SUBJECT  TO  THIS
 CHAPTER  LOCATED  IN  THE  COUNTIES  OF  WESTCHESTER AND NASSAU SHALL BE
 ADJUSTED AS FOLLOWS:
   (A) THE COUNTY RENT BOARDS ESTABLISHED PURSUANT TO SECTION  4  OF  THE
 EMERGENCY  TENANT  PROTECTION ACT OF NINETEEN SEVENTY-FOUR, SHALL ESTAB-
 LISH ANNUAL RENT ADJUSTMENTS FOR THE  CLASS  OF  HOUSING  ACCOMMODATIONS
 SUBJECT  TO  THIS  CHAPTER  LOCATED  IN  THE COUNTIES OF WESTCHESTER AND
 NASSAU, IN THE MANNER PROVIDED BY SUCH SECTION. THE FACT THAT THE  HOUS-
 ING  ACCOMMODATION  IS  SUBJECT  TO  THIS LAW MAY NOT BE CONSIDERED AS A
 FACTOR IN DETERMINING THE RATE OF RENT ADJUSTMENT. NOT LATER THAN  OCTO-
 BER  FIRST,  TWO  THOUSAND  SEVENTEEN,  AND NOT LATER THAN OCTOBER FIRST
 ANNUALLY THEREAFTER, THE COUNTY RENT BOARDS SHALL FILE WITH THE  COMMIS-

 A. 496                              3
 
 SION THEIR FINDINGS ESTABLISHED IN CONSIDERATION OF THE ECONOMIC FACTORS
 LISTED  IN SUBDIVISION B OF SECTION 4 OF THE EMERGENCY TENANT PROTECTION
 ACT OF NINETEEN SEVENTY-FOUR, AND SHALL ACCOMPANY SUCH FINDINGS  WITH  A
 STATEMENT  OF  THE MAXIMUM RATE OR RATES OF RENT ADJUSTMENT, IF ANY, FOR
 ONE OR MORE CLASSES OF ACCOMMODATIONS SUBJECT TO THIS  LAW  WITHIN  SUCH
 COUNTIES  AUTHORIZED FOR THE ADJUSTMENT OF THE MAXIMUM RENT OF THE HOUS-
 ING ACCOMMODATION FOR THE TWELVE MONTH PERIOD COMMENCING JANUARY  FIRST,
 TWO THOUSAND EIGHTEEN, AND FOR EACH SUCCEEDING TWELVE MONTH PERIOD.
   (B)  EFFECTIVE  JANUARY FIRST, TWO THOUSAND EIGHTEEN, THE MAXIMUM RENT
 COLLECTIBLE FROM THE TENANT SHALL BE THE  MAXIMUM  RENT  COLLECTIBLE  ON
 DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  SEVENTEEN,  AS  SUCH RENT MAY BE
 ADJUSTED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION ANNUALLY, WITHOUT
 AN ORDER OF THE  COMMISSION,  OR  AS  ADJUSTED  PURSUANT  TO  ANY  OTHER
 PROVISION  OF  THIS LAW. HOWEVER, NO SUCH INCREASE PURSUANT TO PARAGRAPH
 (A) OF THIS SUBDIVISION SHALL BE  AUTHORIZED  UNTIL  THE  EXPIRATION  OF
 TWELVE  MONTHS FROM THE EFFECTIVE DATE OF ANY RENT ADJUSTMENT AUTHORIZED
 PURSUANT TO REGULATIONS ADOPTED FOR RENT ADJUSTMENTS TO  COMPENSATE  FOR
 UNAVOIDABLE  INCREASED  COSTS  OF  OPERATIONS AS PROVIDED FOR UNDER THIS
 LAW.
   (C) MAXIMUM RATES OF RENT ADJUSTMENT SHALL  NOT  BE  ESTABLISHED  MORE
 THAN  ONCE  ANNUALLY  FOR  ANY HOUSING ACCOMMODATION SUBJECT TO THIS LAW
 WITHIN A BOARD'S JURISDICTION. ONCE ESTABLISHED, NO SUCH RATE  SHALL  BE
 ADJUSTED  BY  ANY SURCHARGE, SUPPLEMENTARY ADJUSTMENT, REOPENER OR OTHER
 MODIFICATION.
   (D) NOTHING CONTAINED IN  THIS  PARAGRAPH  SHALL  ALTER,  RESTRICT  OR
 IMPAIR  AN  OWNER'S  RIGHT  TO  ESTABLISH THE INITIAL REGULATED RENT FOR
 ACCOMMODATIONS SUBJECT TO THIS LAW WHICH BECOME VACANT.
   § 3. This act shall take effect immediately; provided that the  amend-
 ments  to section 26-405 of the city rent and rehabilitation 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; and
 provided that the amendments to section 4 of the emergency housing  rent
 control  law  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 in subdivision 2 of section 1 of chapter 274 of the laws  of
 1946.