S T A T E O F N E W Y O R K
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4603
2009-2010 Regular Sessions
I N A S S E M B L Y
February 5, 2009
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Introduced by M. of A. FITZPATRICK -- read once and referred to the
Committee on Housing
AN ACT to amend the emergency housing rent control law, the local emer-
gency housing rent control act, the emergency tenant protection act of
nineteen seventy-four and the administrative code of the city of New
York, in relation to the de-regulation of rent-stabilized housing
accommodations upon vacancy
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (i) of subdivision 2 of section 2 of chapter 274
of the laws of 1946, constituting the emergency housing rent control
law, as amended by chapter 576 of the laws of 1974, is amended to read
as follows:
(i) housing accommodations which become vacant ON AND AFTER JUNE
SIXTEENTH, TWO THOUSAND NINE, provided, however, that this exemption
shall not apply or become effective where the commission determines or
finds that the housing accommodations became vacant because the landlord
or any person acting on his behalf, with intent to cause the tenant to
vacate, engaged in any course of conduct (including, but not limited to,
interruption or discontinuance of essential services) which interfered
with or disturbed or was intended to interfere with or disturb the
comfort, repose, peace or quiet of the tenant in his use or occupancy of
the housing accommodations; [and further provided that housing accommo-
dations as to which a housing emergency has been declared pursuant to
the emergency tenant protection act of nineteen seventy-four shall be
subject to the provisions of such act for the duration of such emergen-
cy;] or
S 2. The second undesignated paragraph of subdivision 5 of section 1
of chapter 21 of the laws of 1962, constituting the local emergency
housing rent control act, as amended 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.
LBD02729-01-9
A. 4603 2
Notwithstanding any local law or ordinance, housing accommodations
which [became] BECOME vacant (A) on or after July first, nineteen
hundred seventy-one [or which hereafter become vacant], BUT BEFORE JUNE
SIXTEENTH, TWO THOUSAND NINE shall be subject to the provisions of the
emergency tenant protection act of nineteen seventy-four, AND (B) ON OR
AFTER JUNE SIXTEENTH, TWO THOUSAND NINE SHALL BE EXEMPT FROM REGULATIONS
AND CONTROL; provided, however, that [this provision] THESE EXEMPTIONS
shall not apply or become effective with respect to housing accommo-
dations which, by local law or ordinance, are made directly subject to
regulation and control by a city housing rent agency and such agency
determines or finds that the housing accommodations became vacant
because the landlord or any person acting on his behalf, with intent to
cause the tenant to vacate, engaged in any course of conduct (including
but not limited to, interruption or discontinuance of essential
services) which interfered with or disturbed or was intended to inter-
fere with or disturb the comfort, repose, peace or quiet of the tenant
in his use or occupancy of the housing accommodations. The removal of
any housing accommodation from regulation and control of rents pursuant
to the vacancy [exemption] EXEMPTIONS provided for in this paragraph
shall not constitute or operate as a ground for the subjection to more
stringent regulation and control of any housing accommodation in such
property or in any other property owned by the same landlord, notwith-
standing any prior agreement to the contrary by the landlord. The vacan-
cy exemption provided for in SUBPARAGRAPH (A) OF this paragraph shall
not arise with respect to any rented plot or parcel of land otherwise
subject to the provisions of this act, by reason of a transfer of title
and possession occurring on or after July first, nineteen hundred seven-
ty-one, BUT BEFORE JUNE SIXTEENTH, TWO THOUSAND NINE, of a dwelling
located on such plot or parcel and owned by the tenant where such trans-
fer of title and possession is made to a member of the tenant's immedi-
ate family provided that the member of the tenant's immediate family
occupies the dwelling with the tenant prior to the transfer of title and
possession for a continuous period of two years.
S 3. Subdivision a of section 5 of section 4 of chapter 576 of the
laws of 1974, constituting the emergency tenant protection act of nine-
teen seventy-four, is amended by adding a new paragraph 3-a to read as
follows:
(3-A) HOUSING ACCOMMODATIONS WHICH BECOME VACANT ON OR AFTER JUNE
SIXTEENTH, TWO THOUSAND NINE, PROVIDED, HOWEVER, THAT THIS EXEMPTION
SHALL NOT APPLY TO OR BECOME EFFECTIVE WITH RESPECT TO HOUSING ACCOMMO-
DATIONS WHICH THE COMMISSIONER DETERMINES OR FINDS BECAME VACANT BECAUSE
THE LANDLORD OR ANY PERSON ACTING ON HIS OR HER BEHALF, WITH INTENT TO
CAUSE THE TENANT TO VACATE, ENGAGED IN ANY COURSE OF CONDUCT (INCLUDING,
BUT NOT LIMITED TO, INTERRUPTION OR DISCONTINUANCE OF REQUIRED SERVICES)
WHICH INTERFERED WITH OR DISTURBED OR WAS INTENDED TO INTERFERE IN HIS
OR HER USE OR OCCUPANCY OF THE HOUSING ACCOMMODATIONS;
S 4. Section 26-504 of the administrative code of the city of New York
is amended by adding a new subdivision d to read as follows:
D. NOTWITHSTANDING ANY OF THE PROVISIONS OF THIS SECTION OR TITLE OR
ANY OTHER PROVISIONS OF LAW, THIS LAW SHALL NOT APPLY TO ANY HOUSING
ACCOMMODATION WHICH BECOMES VACANT ON OR AFTER JUNE SIXTEENTH, TWO THOU-
SAND NINE PROVIDED, HOWEVER, THAT THIS EXEMPTION SHALL NOT APPLY TO OR
BECOME EFFECTIVE WITH RESPECT TO HOUSING ACCOMMODATIONS WHICH THE
COMMISSIONER DETERMINES OR FINDS BECAME VACANT BECAUSE THE LANDLORD OR
ANY PERSON ACTING ON HIS OR HER BEHALF, WITH INTENT TO CAUSE THE TENANT
TO VACATE, ENGAGED IN ANY COURSE OF CONDUCT (INCLUDING BUT NOT LIMITED
A. 4603 3
TO, INTERRUPTION OR DISCONTINUANCE OF REQUIRED SERVICES) WHICH INTERFER-
ED WITH OR DISTURBED OR WAS INTENDED TO INTERFERE WITH OR DISTURB THE
COMFORT, REPOSE, PEACE OR QUIET OF THE TENANT IN HIS OR HER USE OR OCCU-
PANCY OF THE HOUSING ACCOMMODATIONS.
S 5. This act shall take effect immediately; provided, however, that
the amendments to the rent stabilization law of nineteen hundred sixty-
nine, made by section four 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 the administrative code of the city of
New York; and provided that the amendments to the emergency tenant
protection act of nineteen seventy-four, made by section three 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, as amended; and provided that the amendments to
the emergency housing rent control law, made by section one of this act,
shall expire on the same date as such law expires and shall not affect
the expiration of such law as provided in subdivision 2 of section 1 of
chapter 274 of the laws of 1946, as amended; and provided that the
amendment to the local emergency housing rent control act, made by
section two of this act, shall remain in full force and effect only so
long as the public emergency requiring the regulation and control of
residential rents and evictions continues, as provided in subdivision 2
of section 1 of chapter 21 of the laws of 1962, as amended.