The New York State Senate

                    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

                      [ ] is old law to be omitted.
                                                           LBD00221-02-9

A. 465--A                           2

law is two thousand dollars or more per  month,  such  housing  accommo-
dation  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:
  (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; 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] ALL
applicable  guidelines  increases  and any other increases authorized by
law is two thousand dollars or more per  month,  such  housing  accommo-
dation  shall  be  excluded  from the provisions of this law pursuant to
section 26-504.2 of this chapter.
  S 3. This act shall take effect immediately; provided,  however,  that
the  amendments  to section 10 of the emergency tenant protection act of
nineteen seventy-four made by section one 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;
and provided, further, that the amendments to section 26-511 of the rent
stabilization law of nineteen hundred sixty-nine 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.