The New York State Senate

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

                                 1364--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. JEFFRIES, ROBINSON, FARRELL, COLTON, O'DONNELL,
  JACOBS, JAFFEE,  CLARK,  ORTIZ,  LANCMAN,  WRIGHT,  KAVANAGH,  CAMARA,
  ROSENTHAL,  KELLNER,  DINOWITZ  --  Multi-Sponsored  by  --  M.  of A.
  BOYLAND, BRENNAN, CASTRO, GLICK, GOTTFRIED,  HEASTIE,  HOOPER,  PERRY,
  J. RIVERA, SCHIMEL -- read once and referred to the Committee on Hous-
  ing  --  recommitted  to  the  Committee on Housing in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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 amended by section 13 of part B of chapter 97
of the laws of 2011, is amended to read as follows:
  (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 accom-
modation, 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

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

                                                           LBD01227-04-2

A. 1364--A                          2

law is two thousand dollars or more per month or, for any housing accom-
modation which is or becomes vacant on or after the  effective  date  of
the  rent  act of 2011, is two thousand five hundred dollars or more per
month,  such housing accommodation 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 amended by section 14 of part B
of chapter 97 of the laws of 2011, is amended to read as follows:
  (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 or, for any housing accom-
modation which is or becomes vacant on or after the  effective  date  of
the  rent  act of 2011, is two thousand five hundred dollars or more per
month, such housing accommodation 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.