S T A T E   O F   N E W   Y O R K
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                                  4603

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by  M.  of  A.  FITZPATRICK -- read once and referred to the
  Committee on Housing

AN ACT to amend the emergency housing rent control law, the local  emer-
  gency housing rent control act, the emergency tenant protection act of
  nineteen  seventy-four  and the administrative code of the city of New
  York, in relation to  the  de-regulation  of  rent-stabilized  housing
  accommodations upon vacancy

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

  Section 1.  Paragraph (i) of subdivision 2 of section 2 of chapter 274
of the laws of 1946, constituting the  emergency  housing  rent  control
law,  as  amended by chapter 576 of the laws of 1974, is amended to read
as follows:
  (i) housing accommodations which  become  vacant  ON  AND  AFTER  JUNE
SIXTEENTH,  TWO  THOUSAND  NINE,  provided, however, that this exemption
shall not apply or become effective where the commission  determines  or
finds that the housing accommodations became vacant because the landlord
or  any  person acting on his behalf, with intent to cause the tenant to
vacate, engaged in any course of conduct (including, but not limited to,
interruption or discontinuance of essential services)  which  interfered
with  or  disturbed  or  was  intended  to interfere with or disturb the
comfort, repose, peace or quiet of the tenant in his use or occupancy of
the housing accommodations; [and further provided that housing  accommo-
dations  as  to  which a housing emergency has been declared pursuant to
the emergency tenant protection act of nineteen  seventy-four  shall  be
subject  to the provisions of such act for the duration of such emergen-
cy;] or
  S 2. The second undesignated paragraph of subdivision 5 of  section  1
of  chapter  21  of  the  laws of 1962, constituting the local emergency
housing rent control act, as amended by chapter 82 of the laws of  2003,
is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02729-01-9
              

A. 4603                             2

  Notwithstanding  any  local  law  or ordinance, housing accommodations
which [became] BECOME vacant  (A)  on  or  after  July  first,  nineteen
hundred  seventy-one [or which hereafter become vacant], BUT BEFORE JUNE
SIXTEENTH, TWO THOUSAND NINE shall be subject to the provisions  of  the
emergency  tenant protection act of nineteen seventy-four, AND (B) ON OR
AFTER JUNE SIXTEENTH, TWO THOUSAND NINE SHALL BE EXEMPT FROM REGULATIONS
AND CONTROL; provided, however, that [this provision]  THESE  EXEMPTIONS
shall  not  apply  or  become effective with respect to housing accommo-
dations which, by local law or ordinance, are made directly  subject  to
regulation  and  control  by  a city housing rent agency and such agency
determines or  finds  that  the  housing  accommodations  became  vacant
because  the landlord or any person acting on his behalf, with intent to
cause the tenant to vacate, engaged in any course of conduct  (including
but   not  limited  to,  interruption  or  discontinuance  of  essential
services) which interfered with or disturbed or was intended  to  inter-
fere  with  or disturb the comfort, repose, peace or quiet of the tenant
in his use or occupancy of the housing accommodations.  The  removal  of
any  housing accommodation from regulation and control of rents pursuant
to the vacancy [exemption] EXEMPTIONS provided  for  in  this  paragraph
shall  not  constitute or operate as a ground for the subjection to more
stringent regulation and control of any housing  accommodation  in  such
property  or  in any other property owned by the same landlord, notwith-
standing any prior agreement to the contrary by the landlord. The vacan-
cy exemption provided for in SUBPARAGRAPH (A) OF  this  paragraph  shall
not  arise  with  respect to any rented plot or parcel of land otherwise
subject to the provisions of this act, by reason of a transfer of  title
and possession occurring on or after July first, nineteen hundred seven-
ty-one,  BUT  BEFORE  JUNE  SIXTEENTH,  TWO THOUSAND NINE, of a dwelling
located on such plot or parcel and owned by the tenant where such trans-
fer of title and possession is made to a member of the tenant's  immedi-
ate  family  provided  that  the member of the tenant's immediate family
occupies the dwelling with the tenant prior to the transfer of title and
possession for a continuous period of two years.
  S 3. Subdivision a of section 5 of section 4 of  chapter  576  of  the
laws  of 1974, constituting the emergency tenant protection act of nine-
teen seventy-four, is amended by adding a new paragraph 3-a to  read  as
follows:
  (3-A)  HOUSING  ACCOMMODATIONS  WHICH  BECOME  VACANT ON OR AFTER JUNE
SIXTEENTH, TWO THOUSAND NINE, PROVIDED,  HOWEVER,  THAT  THIS  EXEMPTION
SHALL  NOT APPLY TO OR BECOME EFFECTIVE WITH RESPECT TO HOUSING ACCOMMO-
DATIONS WHICH THE COMMISSIONER DETERMINES OR FINDS BECAME VACANT BECAUSE
THE LANDLORD OR ANY PERSON ACTING ON HIS OR HER BEHALF, WITH  INTENT  TO
CAUSE THE TENANT TO VACATE, ENGAGED IN ANY COURSE OF CONDUCT (INCLUDING,
BUT NOT LIMITED TO, INTERRUPTION OR DISCONTINUANCE OF REQUIRED SERVICES)
WHICH  INTERFERED  WITH OR DISTURBED OR WAS INTENDED TO INTERFERE IN HIS
OR HER USE OR OCCUPANCY OF THE HOUSING ACCOMMODATIONS;
  S 4. Section 26-504 of the administrative code of the city of New York
is amended by adding a new subdivision d to read as follows:
  D. NOTWITHSTANDING ANY OF THE PROVISIONS OF THIS SECTION OR  TITLE  OR
ANY  OTHER  PROVISIONS  OF  LAW, THIS LAW SHALL NOT APPLY TO ANY HOUSING
ACCOMMODATION WHICH BECOMES VACANT ON OR AFTER JUNE SIXTEENTH, TWO THOU-
SAND NINE PROVIDED, HOWEVER, THAT THIS EXEMPTION SHALL NOT APPLY  TO  OR
BECOME  EFFECTIVE  WITH  RESPECT  TO  HOUSING  ACCOMMODATIONS  WHICH THE
COMMISSIONER DETERMINES OR FINDS BECAME VACANT BECAUSE THE  LANDLORD  OR
ANY  PERSON ACTING ON HIS OR HER BEHALF, WITH INTENT TO CAUSE THE TENANT
TO VACATE, ENGAGED IN ANY COURSE OF CONDUCT (INCLUDING BUT  NOT  LIMITED

A. 4603                             3

TO, INTERRUPTION OR DISCONTINUANCE OF REQUIRED SERVICES) WHICH INTERFER-
ED  WITH  OR  DISTURBED OR WAS INTENDED TO INTERFERE WITH OR DISTURB THE
COMFORT, REPOSE, PEACE OR QUIET OF THE TENANT IN HIS OR HER USE OR OCCU-
PANCY OF THE HOUSING ACCOMMODATIONS.
  S  5.  This act shall take effect immediately; provided, however, that
the amendments to the rent stabilization law of nineteen hundred  sixty-
nine, 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 under section 26-520 of the administrative code of the city  of
New  York;  and  provided  that  the  amendments to 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, as amended; and provided that the amendments to
the emergency housing rent control law, made by section one 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, as amended; and provided that the
amendment to the local emergency  housing  rent  control  act,  made  by
section  two  of this act, shall remain in full force and effect only so
long as the public emergency requiring the  regulation  and  control  of
residential  rents and evictions continues, as provided in subdivision 2
of section 1 of chapter 21 of the laws of 1962, as amended.