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Assembly Bill A5088

2009-2010 Legislative Session

Prohibits owner from charging market or first rent for vacant housing accommodation solely by reason of change in the dimensions of such accommodation

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Archive: Last Bill Status - In Assembly Committee

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2009-A5088 (ACTIVE) - Details

Current Committee:
Assembly Housing
Law Section:
Emergency Tenant Protection Act of 1974
Laws Affected:
Amd §6, Emerg Ten Prot Act of 1974; amd §26-511, NYC Ad Cd

2009-A5088 (ACTIVE) - Summary

Prohibits a landlord from charging a market or first rent for a vacant rent stabilized housing accommodation for the sole reason of a change in the dimensions of such accommodation which reduces its size.

2009-A5088 (ACTIVE) - Bill Text download pdf 

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

                                  5088

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by M. of A. V. LOPEZ, ORTIZ -- read once and referred to the
  Committee on Housing

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 prohibiting charging market rent for certain vacant  hous-
  ing accommodations

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

  Section 1. Section 6 of section 4 of chapter 576 of the laws of  1974,
constituting  the  emergency  tenant protection act of nineteen seventy-
four, is amended by adding a new subdivision h to read as follows:
  H. NO OWNER SHALL BE ENTITLED TO CHARGE A MARKET OR FIRST RENT  FOR  A
VACANT HOUSING ACCOMMODATION SOLELY BY REASON OF A CHANGE IN THE PERIME-
TER  AND  DIMENSIONS OF SUCH ACCOMMODATION THAT REDUCES THE SIZE OF SUCH
ACCOMMODATION.
  S 2. Subdivision c of section 26-511 of the administrative code of the
city of New York is amended by adding a new paragraph  5-b  to  read  as
follows:
  (5-B)  PROVIDES THAT, NO OWNER SHALL BE ENTITLED TO CHARGE A MARKET OR
FIRST RENT FOR A VACANT HOUSING ACCOMMODATION  SOLELY  BY  REASON  OF  A
CHANGE  IN  THE  PERIMETER  AND  DIMENSIONS  OF  SUCH ACCOMMODATION THAT
REDUCES THE SIZE OF SUCH ACCOMMODATION.
  S 3. This act shall take effect immediately, and shall  apply  to  all
proceedings  pending  before  the New York state division of housing and
community renewal or before any court on the date it shall take  effect;
and  provided  that  the amendments to section 6 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 that the amendments to subdivision c of
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.

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