Senate Bill S2251

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

                                  2251

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 17, 2009
                               ___________

Introduced  by  Sens. KRUEGER, DIAZ, HUNTLEY, ONORATO, SERRANO, STAVISKY
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Housing, Construction and Community Development

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 the regulation of rents

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

  Section  1.  Subdivision a-2 of section 10 of section 4 of chapter 576
of the laws of 1974, constituting the emergency tenant protection act of
nineteen seventy-four, as added by chapter 82 of the laws  of  2003,  is
amended to read as follows:
  [a-2.]  (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
accommodation, 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]  ALL  applicable  guidelines
increases and other increases authorized by law; PROVIDED, HOWEVER, THAT
SUCH VACANCY SHALL NOT BE CAUSED BY THE FAILURE OF THE OWNER OR AN AGENT
OF  THE  OWNER, TO MAINTAIN THE HOUSING ACCOMMODATION IN COMPLIANCE WITH
THE WARRANTY OF HABITABILITY SET FORTH IN SUBDIVISION ONE OF SECTION TWO
HUNDRED THIRTY-FIVE-B OF THE REAL PROPERTY 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 accommo-
dation shall be excluded from the provisions of  this  act  pursuant  to
paragraph thirteen of subdivision a of section five of this act.
  S  2.  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07148-01-9
              

S. 2251                             2

  (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; PROVIDED, HOWEVER, THAT SUCH VACANCY
SHALL NOT BE CAUSED BY THE FAILURE OF THE  OWNER  OR  AN  AGENT  OF  THE
OWNER,  TO  MAINTAIN  THE  HOUSING  ACCOMMODATION IN COMPLIANCE WITH THE
WARRANTY OF HABITABILITY SET FORTH IN SUBDIVISION  ONE  OF  SECTION  TWO
HUNDRED  THIRTY-FIVE-B  OF  THE REAL PROPERTY LAW.  Where, subsequent to
vacancy, such legal regulated rent, as adjusted by [the most recent] ALL
applicable guidelines increases and any other  increases  authorized  by
law  is  two  thousand  dollars or more per month, such housing accommo-
dation shall be excluded from the provisions of  this  law  pursuant  to
section 26-504.2 of this chapter.
  S  3.  This act shall take effect immediately; provided, however, that
the amendments to section 10 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, further, that the amendments to 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.