senate Bill S2251

2009-2010 Legislative Session

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

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Archive: Last Bill Status Via A465 - Passed Assembly


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

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 03, 2010 3rd reading cal.1426
substituted for s2251
Aug 03, 2010 substituted by a465a
ordered to third reading cal.1426
committee discharged and committed to rules
Jan 06, 2010 referred to housing, construction and community development
Feb 17, 2009 referred to housing, construction and community development

Votes

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Aug 3, 2010 - Rules committee Vote

S2251
10
10
committee
10
Aye
10
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

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S2251 (ACTIVE) - Details

See Assembly Version of this Bill:
A465
Law Section:
Emergency Tenant Protection Act of 1974
Laws Affected:
Amd §10, Emerg Ten Prot Act of 1974; amd §26-511, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2011-2012: S448, A1364
2013-2014: S1775, A5473
2015-2016: S2828, A3809
2017-2018: S3712, S6527, A741, A6285
2019-2020: S2845, A1509, A4349

S2251 (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.

S2251 (ACTIVE) - Sponsor Memo

S2251 (ACTIVE) - Bill Text download pdf

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

                                  2251

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 17, 2009
                               ___________

Introduced  by  Sens. KRUEGER, DIAZ, HUNTLEY, ONORATO, SERRANO, STAVISKY
  -- 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 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
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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07148-01-9

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