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.