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.