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

                                   616

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
  tee on Housing

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to the permissible increase in maximum  rent  for  rent-cont-
  rolled apartments

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

  Section 1. Paragraph 5 of subdivision a and subparagraph (b) of  para-
graph 3 of subdivision g of section 26-405 of the administrative code of
the city of New York are amended to read as follows:
  (5)  Where  a  maximum rent established pursuant to this chapter on or
after January first, nineteen hundred seventy-two, is  higher  than  the
previously existing maximum rent, the landlord may not collect more than
[seven]  TWO  and one-half percentum increase from a tenant in occupancy
on such date in any one year period, provided however,  that  where  the
period for which the rent is established exceeds one year, regardless of
how  the  collection  thereof is averaged over such period, the rent the
landlord shall be entitled to receive during  the  first  twelve  months
shall  not  be increased by more than [seven] TWO and one-half percentum
over the previous rent and additional  annual  rents  shall  not  exceed
[seven]  TWO and one-half percentum of the rent paid during the previous
year. Notwithstanding any of the foregoing limitations in this paragraph
[five], maximum rent shall be increased if ordered by the agency  pursu-
ant  to subparagraphs (d), (e), (f), (g), (h), (i), (k), (l), (m) or (n)
of paragraph one of subdivision g of this  section.  Commencing  January
first,  nineteen  hundred  eighty, rent adjustments pursuant to subpara-
graph (n) of paragraph one of subdivision g of  this  section  shall  be
excluded  from  the maximum rent when computing the [seven] TWO and one-
half percentum increase authorized by this  paragraph  [five].  Where  a
housing  accommodation  is  vacant  on  January  first, nineteen hundred

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

                                                           LBD00233-01-9

A. 616                              2

seventy-two, or becomes vacant  thereafter  by  voluntary  surrender  of
possession  by the tenants, the maximum rent established for such accom-
modations may be collected.
  (b)  that  where  due to such limitation the landlord will not receive
the full amount of the rent increase to which he or she would  otherwise
be  entitled, the order of the city rent agency shall increase the maxi-
mum rent by a further additional amount during each  succeeding  twelve-
month  period,  not  to  exceed  [seven] TWO and a half percentum of the
maximum rent in effect on the date of the filing of the application  for
an adjustment, under the maximum rent shall reflect the full increase to
which the landlord is entitled.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in effect on and after January  1,  2009;  provided  that  the
amendments  to  section  26-405  of the city rent and rehabilitation law
made by section one 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  3  of section 1 of the local emergency housing rent control
act, as amended.