assembly Bill A465A

2009-2010 Legislative Session

Prohibits an owner from adjusting the amount of preferential rent upon the renewal of a lease

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (24)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 03, 2010 3rd reading cal.1426
substituted for s2251
Apr 27, 2010 referred to housing, construction and community development
delivered to senate
passed assembly
Feb 25, 2010 advanced to third reading cal.679
Feb 23, 2010 reported
Jan 19, 2010 committed to housing
Jan 06, 2010 ordered to third reading cal.28
returned to assembly
died in senate
Jun 22, 2009 committed to rules
returned to senate
repassed assembly
Jun 01, 2009 amended on third reading 465a
Jun 01, 2009 vote reconsidered - restored to third reading
returned to assembly
recalled from senate
Feb 02, 2009 referred to housing, construction and community development
delivered to senate
passed assembly
Jan 22, 2009 advanced to third reading cal.9
reported
Jan 07, 2009 referred to housing

A465 - Details

See Senate Version of this Bill:
S2251
Law Section:
Emergency Tenant Protection Act of 1974
Laws Affected:
Amd §10, Emerg Ten Prot Act; amd §26-511, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2011-2012: A1364, S448
2013-2014: A5473, S1775
2015-2016: A3809, S2828
2017-2018: A741, A6285, S3712, S6527
2019-2020: A1509, A4349, S2845

A465 - Summary

Prohibits an owner from adjusting the amount of preferential rent, rent charged and paid by the tenant which is less than the legal regulated rent for the housing accommodation, upon the renewal of a lease; only allows the owner to make such adjustments upon a vacancy which is not the result of the failure of the owner to maintain a habitable residence.

A465 - Sponsor Memo

A465 - Bill Text download pdf

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

                                   465

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
  tee on Housing

AN  ACT  to amend the emergency tenant protection act of nineteen seven-
  ty-four and the administrative code  of  the  city  of  New  York,  in
  relation to the regulation of rents

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

  Section 1. Subdivision a-2 of section 10 of section 4 of  chapter  576
of the laws of 1974, constituting the emergency tenant protection act of
nineteen  seventy-four,  as  added by chapter 82 of the laws of 2003, is
amended to read as follows:
  [a-2.] (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
accommodation,  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]  ALL  applicable guidelines
increases and other increases authorized by law; PROVIDED, HOWEVER, THAT
SUCH VACANCY SHALL NOT BE CAUSED BY THE FAILURE OF THE OWNER OR AN AGENT
OF THE OWNER, TO MAINTAIN  THE  HOUSING  ACCOMMODATION  IN  A  HABITABLE
CONDITION.   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, 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 2. Paragraph 14 of subdivision c of section 26-511 of  the  adminis-
trative code of the city of New York, as added 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.
                                                           LBD00221-01-9

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A465A (ACTIVE) - Details

See Senate Version of this Bill:
S2251
Law Section:
Emergency Tenant Protection Act of 1974
Laws Affected:
Amd §10, Emerg Ten Prot Act; amd §26-511, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2011-2012: A1364, S448
2013-2014: A5473, S1775
2015-2016: A3809, S2828
2017-2018: A741, A6285, S3712, S6527
2019-2020: A1509, A4349, S2845

A465A (ACTIVE) - Summary

Prohibits an owner from adjusting the amount of preferential rent, rent charged and paid by the tenant which is less than the legal regulated rent for the housing accommodation, upon the renewal of a lease; only allows the owner to make such adjustments upon a vacancy which is not the result of the failure of the owner to maintain a habitable residence.

A465A (ACTIVE) - Sponsor Memo

A465A (ACTIVE) - Bill Text download pdf

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

                                 465--A
                                                          Cal. No. 9

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. JEFFRIES, MAYERSOHN, ROBINSON, FARRELL, COLTON,
  O'DONNELL, JACOBS, JAFFEE, CLARK,  ORTIZ,  LANCMAN,  PERALTA,  POWELL,
  WRIGHT,  SPANO,  KAVANAGH,  ESPAILLAT,  CAMARA,  ROSENTHAL, KELLNER --
  Multi-Sponsored by -- M. of A. BOYLAND, BRENNAN, CASTRO, GLICK,  GOTT-
  FRIED,  HEASTIE,  HOOPER, J. RIVERA, SCHIMEL -- read once and referred
  to the Committee on Housing -- passed by Assembly and delivered to the
  Senate, recalled from the Senate,  vote  reconsidered,  bill  amended,
  ordered reprinted, retaining its place on the order of third reading

AN  ACT  to amend the emergency tenant protection act of nineteen seven-
  ty-four and the administrative code  of  the  city  of  New  York,  in
  relation to the regulation of rents

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

  Section 1. Subdivision a-2 of section 10 of section 4 of  chapter  576
of the laws of 1974, constituting the emergency tenant protection act of
nineteen  seventy-four,  as  added by chapter 82 of the laws of 2003, is
amended to read as follows:
  [a-2.] (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
accommodation,  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]  ALL  applicable guidelines
increases and other increases authorized by law; PROVIDED, HOWEVER, THAT
SUCH VACANCY SHALL NOT BE CAUSED BY THE FAILURE OF THE OWNER OR AN AGENT
OF THE OWNER, TO MAINTAIN THE HOUSING ACCOMMODATION IN  COMPLIANCE  WITH
THE WARRANTY OF HABITABILITY SET FORTH IN SUBDIVISION ONE OF SECTION TWO
HUNDRED  THIRTY-FIVE-B  OF  THE REAL PROPERTY LAW.  Where, subsequent to
vacancy, such legal regulated rent,  as  adjusted  by  the  most  recent
applicable  guidelines  increases  and any other increases authorized by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.