The New York State Senate

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

                                  2005

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2009
                               ___________

Introduced  by  M.  of  A. ROSENTHAL, SILVER, BRENNAN, V. LOPEZ, LENTOL,
  WRIGHT,  JEFFRIES,  BING,  LATIMER,  CAMARA,  BROOK-KRASNY,   PERALTA,
  BOYLAND,  KELLNER,  LANCMAN,  SCHIMEL,  MAISEL,  KAVANAGH,  GOTTFRIED,
  DINOWITZ,  MILLMAN,  MAYERSOHN,   POWELL,   LAVINE,   COLTON,   NOLAN,
  O'DONNELL,   TITUS,  FARRELL,  ORTIZ,  ESPAILLAT,  BENEDETTO,  HOOPER,
  JACOBS, ROBINSON, N. RIVERA, ZEBROWSKI, GLICK, SPANO, BENJAMIN, TOWNS,
  CASTRO -- Multi-Sponsored by -- M.  of  A.    BARRON,  BRODSKY,  COOK,
  HEASTIE,  JAFFEE,  MARKEY, MENG, PEOPLES-STOKES, PERRY, PHEFFER, PRET-
  LOW, J. RIVERA, SCARBOROUGH, WEISENBERG -- 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 tenant protection act of nineteen seventy-four, in  relation
  to  making conforming technical changes; and to repeal paragraph 13 of
  subdivision a of section 5 of section 4 of chapter 576 of the laws  of
  1974  constituting  the  emergency  tenant  protection act of nineteen
  seventy-four, paragraph (n) of subdivision 2 of section 2  of  chapter
  274  of  the  laws  of  1946,  constituting the emergency housing rent
  control law, and section 26-504.2 and subparagraph (k) of paragraph  2
  of  subdivision  e of section 26-403 of the administrative code of the
  city of New York, relating to vacancy decontrol

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

  Section  1.  Legislative  findings  and  declaration of emergency. The
legislature hereby finds and declares that the serious public  emergency
which  led  to the enactment of the existing laws regulating residential
rents and evictions continues to exist;  that  such  laws  would  better
serve  the public interest if certain changes were made thereto, includ-
ing the continued regulation  of  certain  housing  accommodations  that
become  vacant  and  the  reinstatement of regulation of certain housing
accommodations that have been deregulated upon vacancy.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD02722-09-9

A. 2005                             2

  The legislature further  recognizes  that  severe  disruption  of  the
rental  housing market has occurred and threatens to be exacerbated as a
result of the present state of the law in relation to  the  deregulation
of  housing  accommodations  upon  vacancy.  The situation has permitted
speculative and profiteering practices and has brought about the loss of
vital and irreplaceable affordable housing for working persons and fami-
lies.
  The legislature therefore declares that in order to prevent uncertain-
ty,  potential  hardship  and  dislocation  of tenants living in housing
accommodations subject to  government  regulations  as  to  rentals  and
continued occupancy as well as those not subject to such regulation, the
provisions of this act are necessary to protect the public health, safe-
ty  and  general  welfare.  The necessity in the public interest for the
provisions hereinafter enacted is hereby declared as a matter of  legis-
lative determination.
  S 2. Paragraph (n) of subdivision 2 of section 2 of chapter 274 of the
laws  of  1946,  constituting the emergency housing rent control law, is
REPEALED.
  S 3. Paragraph 13 of subdivision a of section 5 of section 4 of  chap-
ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
protection act of nineteen seventy-four, is REPEALED.
  S 4. Subparagraph (k) of paragraph  2  of  subdivision  e  of  section
26-403 of the administrative code of the city of New York is REPEALED.
  S  5.  Section  26-504.2 of the administrative code of the city of New
York is REPEALED.
  S 6. Any housing accommodations that on or after January 1, 2007  were
excluded from coverage from the emergency tenant protection act of nine-
teen  seventy-four, the emergency housing rent control law or the admin-
istrative code of the city of New York pursuant to the provisions of law
repealed by sections two, three, four and five  of  this  act  shall  be
subject  to  the  provisions  of  such  act, law or administrative code,
respectively.  Notwithstanding the provisions of  any  lease  or  rental
agreement,  the  legal regulated rent or maximum collectible rent of any
housing accommodation excluded from regulation on or  after  January  1,
2007  by  reason of the provisions repealed by sections two, three, four
and five of this act shall  be  the  legal  regulated  rent  or  maximum
collectible  rent applicable to such accommodation on December 31, 2006,
subject to further adjustment in accordance with  applicable  provisions
of law.
  S  7.  Any  housing  accommodations that prior to January 1, 2007 were
excluded from coverage from the emergency tenant protection act of nine-
teen seventy-four, the emergency housing rent control law or the  admin-
istrative code of the city of New York pursuant to the provisions of law
repealed  by  sections two, three, four, and five of this act, and where
such housing accommodations were located outside the city  of  New  York
and  were  rented  to a tenant on or after January 1, 2007 for less than
$3,500 per month or were located within the city of New  York  and  were
rented  to  a tenant on or after January 1, 2007 for less than $5,000.00
per month, shall be subject to the provisions of such act, law or admin-
istrative code, respectively.   Notwithstanding the  provisions  of  any
lease  or rental agreement, the legal regulated rent or maximum collect-
ible rent of any housing accommodation excluded from regulation prior to
January 1, 2007 by reason of the provisions repealed  by  sections  two,
three, four and five of this act and made subject to regulation shall be
the  actual rent applicable to such accommodations on January 1, 2007 or
the first rent applicable to such accommodation after January  1,  2007,

A. 2005                             3

subject  to  further adjustment in accordance with applicable provisions
of law.
  S  8.  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. [Where, subsequent to vacancy, such
legal regulated rent, as adjusted by the most recent  applicable  guide-
lines  increases  and any other increases authorized by law is two thou-
sand dollars or more per month,  such  housing  accommodation  shall  be
excluded from the provisions of this law pursuant to section 26-504.2 of
this chapter.]
  S  9. Subdivision a-2 of section 10 of section 4 of chapter 576 of the
laws of 1974 constituting the emergency tenant protection act  of  nine-
teen  seventy-four,  as  added  by  chapter  82  of the laws of 2003, is
amended to read as follows:
  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  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 other
increases authorized by 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 accommodation shall be excluded
from the provisions of this act pursuant to paragraph thirteen of subdi-
vision a of section five of this act.]
  S 10. This act shall take effect immediately; provided, however, that:
  (a) the amendments to section 26-511 of chapter 4 of title 26  of  the
administrative  code  of  the  city of New York made by section eight 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; and
  (b)  the  amendments  to subdivision a-2 of section 10 of section 4 of
the emergency tenant protection act of  nineteen  seventy-four  made  by
section  nine  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.