Senate Bill S5699A

2011-2012 Legislative Session

Administrative code and emergency housing rent control law; relates to the establishment of rent adjustments

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Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 31, 2012	print number 5699a
May 31, 2012	amend and recommit to housing, construction and community development
Jan 04, 2012	referred to housing, construction and community development
Jun 10, 2011	referred to housing, construction and community development

Bill Amendments

co-Sponsors

View additional co-sponsors

2011-S5699 - Details

See Assembly Version of this Bill:: A1892
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-405, NYC Ad Cd; amd §4, Emerg Hous Rent Cont L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A7150
2013-2014: S1815, A848
2015-2016: S3606, A200
2017-2018: A496

2011-S5699 - Summary

Relates to the establishment of rent adjustments in NYC and Westchester and Nassau counties; suspends operations of the maximum base rent program.

2011-S5699 - Sponsor Memo

                                BILL NUMBER:S5699

TITLE OF BILL:
An act
to amend the administrative code of the city of New York and the
emergency housing rent control law, in relation to the establishment of
rent adjustments

PURPOSE:
This bill would bring the formula for calculating rents in
rent-controlled apartments in line with that used to calculate rents
in rent-stabilized apartments. It would require the Department of
Housing and Community Renewal to use the same formula in determining
rent increases for rent-controlled apartments that the Rent
Guidelines Board uses to determine rent increases for rent-stabilized
apartments.

SUMMARY OF PROVISIONS:
Section 1 amends subdivision a of section
26-405 of the administrative code of the city of New York by adding a
paragraph that establishes annual rates of rent adjustment for New
York City housing accommodations subject to rent control.

The new paragraph establishes the maximum rent collectible from the
tenant as the maximum rent collectible on December 31st, 2009. It
also establishes that maximum rates of rent adjustment shall not be

established more than once annually for any housing accommodation
subject to rent control.

It establishes that not later than October 1st, 2009, and not later
than October 1st annually thereafter, the rent board shall file with
the city clerk and the division of housing and community renewal its
findings established in consideration of the economic factors listed
in subdivision b of section 26-510 of this title, and shall accompany
such findings with a statement of the maximum rate or rates of rent
adjustment authorized for the adjustment of the maximum rent of the
housing accommodation for the twelve-month period beginning on
January 1st, 2010, and for each succeeding twelve-month period
thereafter.

Section 2 amends section 4 of chapter 274 of the laws of 1946 by
adding a new subdivision that adjusts rent increases for the housing
accommodations of Westchester and Nassau counties subject to rent
control.

Section 3 provides that this act shall take effect immediately.

JUSTIFICATION:
Rent-controlled tenants are currently subject to steep
rent increases calculated using an abstruse formula with little
relevance in today's housing market. Rent increases in rent-
stabilized apartments are set by the Rent Guidelines Boards (one in
New York City and one each in Nassau, Westchester, and Rockland
counties) using a
formula that takes into account a wide range of economic factors.
Rent-controlled apartments, on the other hand, are subject to the
Maximum Base Rent Program, which establishes maximum base rents for


rent-controlled apartments according to an arcane formula that does
not take the same factors into account. Owners of rent-controlled
apartments are entitled to automatically raise rents up to 7.5
percent each year; this bill would do away with these unfair and
arbitrary automatic increases by making rent-controlled apartments
subject to the same formula for calculating rent increases to which
rent-stabilized apartments are subject and requiring greater scrutiny
of proposed increases for rent-controlled apartments.

LEGISLATIVE HISTORY:
A.7150 of 2009-2010

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately; with provisions

2011-S5699 - Bill Text download pdf

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

                                  5699

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 10, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- 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 administrative code of the city of New York and  the
  emergency  housing  rent control law, in relation to the establishment
  of rent adjustments

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

  Section 1.  Subdivision a of section 26-405 of the administrative code
of  the city of New York is amended by adding a new paragraph 10 to read
as follows:
  (10) (A) NOTWITHSTANDING ANY CONTRARY PROVISIONS OF THIS  SUBDIVISION,
EFFECTIVE  JANUARY FIRST, TWO THOUSAND TWELVE, MAXIMUM RENTS FOR HOUSING
ACCOMMODATIONS SUBJECT TO THIS CHAPTER SHALL NO  LONGER  BE  ESTABLISHED
PURSUANT TO PARAGRAPHS THREE AND FOUR OF THIS SUBDIVISION, OR LIMITED BY
PARAGRAPH  FIVE  OF THIS SUBDIVISION, OR ADJUSTED BY SUBPARAGRAPH (L) OR
(N) OF PARAGRAPH ONE OF SUBDIVISION G OF THIS SECTION.
  (B) EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH,  THE  RENT  GUIDE-
LINES  BOARD  ESTABLISHED PURSUANT TO SECTION 26-510 OF THIS TITLE SHALL
ESTABLISH ANNUAL RATES OF RENT  ADJUSTMENT  FOR  THE  CLASS  OF  HOUSING
ACCOMMODATIONS  SUBJECT  TO THIS CHAPTER, IN THE MANNER PROVIDED BY SUCH
SECTION. THE FACT THAT THE HOUSING  ACCOMMODATION  IS  SUBJECT  TO  THIS
CHAPTER  MAY  NOT  BE  CONSIDERED AS A FACTOR IN DETERMINING THE RATE OF
RENT ADJUSTMENT. NOT LATER THAN OCTOBER FIRST, TWO THOUSAND ELEVEN,  AND
NOT  LATER  THAN OCTOBER FIRST ANNUALLY THEREAFTER, THE RENT BOARD SHALL
FILE WITH THE CITY CLERK AND  THE  DIVISION  OF  HOUSING  AND  COMMUNITY
RENEWAL  ITS  FINDINGS  ESTABLISHED  IN  CONSIDERATION  OF  THE ECONOMIC
FACTORS LISTED IN SUBDIVISION B OF SECTION 26-510  OF  THIS  TITLE,  AND
SHALL  ACCOMPANY  SUCH  FINDINGS WITH A STATEMENT OF THE MAXIMUM RATE OR
RATES OF RENT ADJUSTMENT, IF ANY, FOR ONE OR MORE  CLASSES  OF  ACCOMMO-
DATIONS  SUBJECT  TO  THIS  CHAPTER AUTHORIZED FOR THE ADJUSTMENT OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02246-01-1

S. 5699                             2

MAXIMUM RENT OF THE HOUSING ACCOMMODATION FOR THE  TWELVE  MONTH  PERIOD
COMMENCING  JANUARY  FIRST,  TWO THOUSAND TWELVE AND FOR EACH SUCCEEDING
TWELVE MONTH PERIOD.
  (C)  EFFECTIVE  JANUARY  FIRST,  TWO THOUSAND TWELVE, THE MAXIMUM RENT
COLLECTIBLE FROM THE TENANT SHALL BE THE  MAXIMUM  RENT  COLLECTIBLE  ON
DECEMBER  THIRTY-FIRST,  TWO THOUSAND ELEVEN, INCLUDING ANY RENT ADJUST-
MENTS THEN COLLECTIBLE PURSUANT TO SUBPARAGRAPH (N) OF PARAGRAPH ONE  OF
SUBDIVISION  G OF THIS SECTION, AS SUCH RENT MAY BE ADJUSTED PURSUANT TO
SUBPARAGRAPH (B) OF THIS PARAGRAPH ANNUALLY, WITHOUT  AN  ORDER  OF  THE
CITY RENT AGENCY, OR AS ADJUSTED PURSUANT TO ANY OTHER PROVISION OF THIS
CHAPTER, PROVIDED THAT A LANDLORD SHALL NOT COLLECT ANY RENT INCREASE OR
ADJUSTMENT  OTHERWISE  COLLECTIBLE  UNDER SUBPARAGRAPH (B) OF THIS PARA-
GRAPH UNLESS AND UNTIL THE FIRST RENT PAYMENT DATE  AFTER  THE  LANDLORD
CERTIFIES TO THE CITY RENT AGENCY THAT ALL RENT IMPAIRING VIOLATIONS, AS
DEFINED BY SECTION THREE HUNDRED TWO-A OF THE MULTIPLE DWELLING LAW, AND
AT  LEAST EIGHTY PER CENTUM OF ALL OTHER VIOLATIONS OF THE HOUSING MAIN-
TENANCE CODE OR OTHER STATE OR LOCAL LAWS THAT  IMPOSE  REQUIREMENTS  ON
PROPERTY AND WHICH WERE RECORDED AGAINST THE PROPERTY ON JULY FIRST, TWO
THOUSAND  ELEVEN,  OR  JULY  FIRST OF THE YEAR PRECEDING THE ADJUSTMENT,
WHICHEVER IS LATER, HAVE BEEN CLEARED, CORRECTED OR ABATED AND THE LAND-
LORD HAS RECEIVED A CERTIFICATE OF ELIGIBILITY FROM THE CITY RENT AGENCY
THAT THE VIOLATION CLEARING REQUIREMENTS SET FORTH ABOVE HAVE  BEEN  MET
AND  FURTHER  AUTHORIZING  THE  LANDLORD TO COLLECT ANY RENT INCREASE OR
ADJUSTMENT AUTHORIZED PURSUANT TO SUBPARAGRAPH (B)  OF  THIS  PARAGRAPH,
AND THE LANDLORD HAS SERVED SUCH CERTIFICATE UPON THE TENANT RESIDING IN
THE HOUSING ACCOMMODATION.
  (D)  MAXIMUM  RATES  OF  RENT ADJUSTMENT SHALL NOT BE ESTABLISHED MORE
THAN ONCE ANNUALLY FOR ANY HOUSING ACCOMMODATION SUBJECT TO THIS CHAPTER
WITHIN THE BOARD'S JURISDICTION. ONCE ESTABLISHED, NO SUCH RATE SHALL BE
ADJUSTED BY ANY SURCHARGE, SUPPLEMENTARY ADJUSTMENT, REOPENER  OR  OTHER
MODIFICATION.
  (E)  NOTHING  CONTAINED  IN  THIS  PARAGRAPH  SHALL ALTER, RESTRICT OR
IMPAIR AN OWNER'S RIGHT TO ESTABLISH  THE  INITIAL  REGULATED  RENT  FOR
ACCOMMODATIONS SUBJECT TO THIS CHAPTER WHICH BECOME VACANT.
  S  2.  Section  4 of chapter 274 of the laws of 1946, constituting the
emergency housing rent control law, is amended by adding a new  subdivi-
sion 9 to read as follows:
  9.  NOTWITHSTANDING  ANY  CONTRARY  PROVISIONS  OF THIS LAW, EFFECTIVE
JANUARY 1, 2012, EXCEPT AS OTHERWISE PROVIDED IN THIS  SUBDIVISION,  THE
RENT  FOR  HOUSING ACCOMMODATIONS SUBJECT TO THIS CHAPTER LOCATED IN THE
COUNTIES OF WESTCHESTER AND NASSAU SHALL BE ADJUSTED AS FOLLOWS:
  (A) THE COUNTY RENT BOARDS ESTABLISHED PURSUANT TO SECTION  4  OF  THE
EMERGENCY  TENANT  PROTECTION ACT OF NINETEEN SEVENTY-FOUR, SHALL ESTAB-
LISH ANNUAL RENT ADJUSTMENTS FOR THE  CLASS  OF  HOUSING  ACCOMMODATIONS
SUBJECT  TO  THIS  CHAPTER  LOCATED  IN  THE COUNTIES OF WESTCHESTER AND
NASSAU, IN THE MANNER PROVIDED BY SUCH SECTION. THE FACT THAT THE  HOUS-
ING  ACCOMMODATION  IS  SUBJECT  TO  THIS LAW MAY NOT BE CONSIDERED AS A
FACTOR IN DETERMINING THE RATE OF RENT ADJUSTMENT. NOT LATER THAN  OCTO-
BER  1,  2011, AND NOT LATER THAN OCTOBER FIRST ANNUALLY THEREAFTER, THE
COUNTY RENT BOARDS SHALL FILE WITH THE COMMISSION THEIR FINDINGS  ESTAB-
LISHED  IN CONSIDERATION OF THE ECONOMIC FACTORS LISTED IN SUBDIVISION B
OF SECTION 4 OF THE EMERGENCY TENANT PROTECTION ACT OF  NINETEEN  SEVEN-
TY-FOUR, AND SHALL ACCOMPANY SUCH FINDINGS WITH A STATEMENT OF THE MAXI-
MUM RATE OR RATES OF RENT ADJUSTMENT, IF ANY, FOR ONE OR MORE CLASSES OF
ACCOMMODATIONS  SUBJECT  TO THIS LAW WITHIN SUCH COUNTIES AUTHORIZED FOR
THE ADJUSTMENT OF THE MAXIMUM RENT OF THE HOUSING ACCOMMODATION FOR  THE

S. 5699                             3

TWELVE  MONTH PERIOD COMMENCING JANUARY 1, 2012, AND FOR EACH SUCCEEDING
TWELVE MONTH PERIOD.
  (B)  EFFECTIVE  JANUARY 1, 2012, THE MAXIMUM RENT COLLECTIBLE FROM THE
TENANT SHALL BE THE MAXIMUM RENT COLLECTIBLE ON DECEMBER  31,  2011,  AS
SUCH  RENT MAY BE ADJUSTED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION
ANNUALLY, WITHOUT AN ORDER OF THE COMMISSION, OR AS ADJUSTED PURSUANT TO
ANY OTHER PROVISION OF THIS LAW. HOWEVER, NO SUCH INCREASE  PURSUANT  TO
PARAGRAPH  (A) OF THIS SUBDIVISION SHALL BE AUTHORIZED UNTIL THE EXPIRA-
TION OF TWELVE MONTHS FROM THE EFFECTIVE DATE  OF  ANY  RENT  ADJUSTMENT
AUTHORIZED  PURSUANT  TO  REGULATIONS  ADOPTED  FOR  RENT ADJUSTMENTS TO
COMPENSATE FOR UNAVOIDABLE INCREASED COSTS OF OPERATIONS AS PROVIDED FOR
UNDER THIS LAW.
  (C) MAXIMUM RATES OF RENT ADJUSTMENT SHALL  NOT  BE  ESTABLISHED  MORE
THAN  ONCE  ANNUALLY  FOR  ANY HOUSING ACCOMMODATION SUBJECT TO THIS LAW
WITHIN A BOARD'S JURISDICTION. ONCE ESTABLISHED, NO SUCH RATE  SHALL  BE
ADJUSTED  BY  ANY SURCHARGE, SUPPLEMENTARY ADJUSTMENT, REOPENER OR OTHER
MODIFICATION.
  (D) NOTHING CONTAINED IN  THIS  PARAGRAPH  SHALL  ALTER,  RESTRICT  OR
IMPAIR  AN  OWNER'S  RIGHT  TO  ESTABLISH THE INITIAL REGULATED RENT FOR
ACCOMMODATIONS SUBJECT TO THIS LAW WHICH BECOME VACANT.
  S 3. This act shall take effect immediately; provided that the  amend-
ments  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  as
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; and
provided that the amendments to section 4 of the emergency housing  rent
control  law  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 in subdivision 2 of section 1 of chapter 274 of the laws  of
1946.

co-Sponsors

View additional co-sponsors

2011-S5699A (ACTIVE) - Details

See Assembly Version of this Bill:: A1892
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-405, NYC Ad Cd; amd §4, Emerg Hous Rent Cont L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A7150
2013-2014: S1815, A848
2015-2016: S3606, A200
2017-2018: A496

2011-S5699A (ACTIVE) - Summary

Relates to the establishment of rent adjustments in NYC and Westchester and Nassau counties; suspends operations of the maximum base rent program.

2011-S5699A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5699A

TITLE OF BILL:
An act
to amend the administrative code of the city of New York and the
emergency housing rent control law, in relation to the establishment of
rent adjustments

PURPOSE:
This bill would bring the formula for calculating rents in
rent-controlled apartments in line with that used to calculate rents
in rent-stabilized apartments. It would require the Department of
Housing and Community Renewal to use the same formula in determining
rent increases for rent-controlled apartments that the Rent
Guidelines Board uses to determine rent increases for rent-stabilized
apartments.

SUMMARY OF PROVISIONS:
Section 1 amends subdivision a of section 26-405 of the administrative
code of the city of New York by adding a paragraph that establishes
annual rates of rent adjustment for New York City housing
accommodations subject to rent control.

The new paragraph establishes the maximum rent collectible from the
tenant as the maximum rent collectible on December 31st, 2009. It
also establishes that maximum rates of rent adjustment shall not be

established more than once annually for any housing accommodation
subject to rent control.

It establishes that not later than October 1st, 2009, and not later
than October 1st annually thereafter, the rent board shall file with
the city clerk and the division of housing and community renewal its
findings established in consideration of the economic factors listed
in subdivision b of section 26-510 of this title, and shall accompany
such findings with a statement of the maximum rate or rates of rent
adjustment authorized for the adjustment of the maximum rent of the
housing accommodation for the twelve-month period beginning on
January 1st, 2010, and for each succeeding twelve-month period
thereafter.

Section 2 amends section 4 of chapter 274 of the laws of 1946 by
adding a new subdivision that adjusts rent increases for the housing
accommodations of Westchester and Nassau counties subject to rent
control.

Section 3 provides that this act shall take effect immediately.

JUSTIFICATION:
Rent-controlled tenants are currently subject to steep rent increases
calculated using an abstruse formula with little relevance in today's
housing market. Rent increases in rent-stabilized apartments are set
by the Rent Guidelines Boards (one in New York City and one each in
Nassau, Westchester, and Rockland counties) using a formula that
takes into account a wide range of economic factors. Rent-controlled
apartments, on the other hand, are subject to the Maximum Base Rent
Program, which establishes maximum base rents for rent-controlled


apartments according to an arcane formula that does not take the same
factors into account.
Owners of rent-controlled apartments are entitled to automatically
raise rents up to 7.5 percent each year; this bill would do away with
these unfair and arbitrary automatic increases by making
rent-controlled apartments subject to the same formula for
calculating rent increases to
which rent-stabilized apartments are subject and requiring greater
scrutiny of proposed increases for rent-controlled apartments.

LEGISLATIVE HISTORY:
A.7150 of 2009-2010

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S5699A (ACTIVE) - Bill Text download pdf

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

                                 5699--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 10, 2011
                               ___________

Introduced  by  Sens.  ESPAILLAT,  AVELLA,  KRUEGER,  PERKINS, SQUADRON,
  STAVISKY -- read twice and ordered printed, and  when  printed  to  be
  committed  to  the  Committee  on  Housing, Construction and Community
  Development -- recommitted to the Committee on  Housing,  Construction
  and  Community Development in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the administrative code of the city of New York and the
  emergency housing rent control law, in relation to  the  establishment
  of rent adjustments

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

  Section 1.  Subdivision a of section 26-405 of the administrative code
of the city of New York is amended by adding a new paragraph 10 to  read
as follows:
  (10)  (A) NOTWITHSTANDING ANY CONTRARY PROVISIONS OF THIS SUBDIVISION,
EFFECTIVE JANUARY FIRST, TWO THOUSAND THIRTEEN, MAXIMUM RENTS FOR  HOUS-
ING  ACCOMMODATIONS  SUBJECT  TO  THIS CHAPTER SHALL NO LONGER BE ESTAB-
LISHED PURSUANT TO PARAGRAPHS THREE AND FOUR  OF  THIS  SUBDIVISION,  OR
LIMITED  BY  PARAGRAPH FIVE OF THIS SUBDIVISION, OR ADJUSTED BY SUBPARA-
GRAPH (L) OR (N) OF PARAGRAPH ONE OF SUBDIVISION G OF THIS SECTION.
  (B) EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH,  THE  RENT  GUIDE-
LINES  BOARD  ESTABLISHED PURSUANT TO SECTION 26-510 OF THIS TITLE SHALL
ESTABLISH ANNUAL RATES OF RENT  ADJUSTMENT  FOR  THE  CLASS  OF  HOUSING
ACCOMMODATIONS  SUBJECT  TO THIS CHAPTER, IN THE MANNER PROVIDED BY SUCH
SECTION. THE FACT THAT THE HOUSING  ACCOMMODATION  IS  SUBJECT  TO  THIS
CHAPTER  MAY  NOT  BE  CONSIDERED AS A FACTOR IN DETERMINING THE RATE OF
RENT ADJUSTMENT. NOT LATER THAN OCTOBER FIRST, TWO THOUSAND TWELVE,  AND
NOT  LATER  THAN  OCTOBER FIRST ANNUALLY THEREAFTER, THE RENT GUIDELINES
BOARD SHALL FILE WITH THE CITY CLERK AND THE  DIVISION  OF  HOUSING  AND
COMMUNITY  RENEWAL  ITS  FINDINGS  ESTABLISHED  IN  CONSIDERATION OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02246-13-2

S. 5699--A                          2

ECONOMIC FACTORS LISTED IN SUBDIVISION  B  OF  SECTION  26-510  OF  THIS
TITLE, AND SHALL ACCOMPANY SUCH FINDINGS WITH A STATEMENT OF THE MAXIMUM
RATE  OR  RATES  OF  RENT ADJUSTMENT, IF ANY, FOR ONE OR MORE CLASSES OF
ACCOMMODATIONS  SUBJECT TO THIS CHAPTER AUTHORIZED FOR THE ADJUSTMENT OF
THE MAXIMUM RENT OF THE HOUSING ACCOMMODATION FOR THE TWELVE MONTH PERI-
OD COMMENCING JANUARY FIRST, TWO THOUSAND THIRTEEN AND FOR EACH SUCCEED-
ING TWELVE MONTH PERIOD.
  (C) EFFECTIVE JANUARY FIRST, TWO THOUSAND THIRTEEN, THE  MAXIMUM  RENT
COLLECTIBLE  FROM  THE  TENANT  SHALL BE THE MAXIMUM RENT COLLECTIBLE ON
DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE, AS SUCH RENT MAY BE ADJUSTED
PURSUANT TO SUBPARAGRAPH (B) OF  THIS  PARAGRAPH  ANNUALLY,  WITHOUT  AN
ORDER  OF  THE  CITY  RENT  AGENCY, OR AS ADJUSTED PURSUANT TO ANY OTHER
PROVISION OF THIS CHAPTER, PROVIDED THAT A LANDLORD  SHALL  NOT  COLLECT
ANY RENT INCREASE OR ADJUSTMENT OTHERWISE COLLECTIBLE UNDER SUBPARAGRAPH
(B) OF THIS PARAGRAPH UNLESS AND UNTIL THE FIRST RENT PAYMENT DATE AFTER
THE  LANDLORD  CERTIFIES TO THE CITY RENT AGENCY THAT ALL RENT IMPAIRING
VIOLATIONS, AS DEFINED BY SECTION THREE HUNDRED TWO-A  OF  THE  MULTIPLE
DWELLING  LAW, AND AT LEAST EIGHTY PER CENTUM OF ALL OTHER VIOLATIONS OF
THE HOUSING MAINTENANCE CODE OR OTHER STATE OR LOCAL  LAWS  THAT  IMPOSE
REQUIREMENTS ON PROPERTY AND WHICH WERE RECORDED AGAINST THE PROPERTY ON
JULY FIRST, TWO THOUSAND TWELVE, OR JULY FIRST OF THE YEAR PRECEDING THE
ADJUSTMENT,  WHICHEVER  IS LATER, HAVE BEEN CLEARED, CORRECTED OR ABATED
AND THE LANDLORD HAS RECEIVED AN ORDER OF ELIGIBILITY FROM THE CITY RENT
AGENCY THAT THE VIOLATION CLEARING REQUIREMENTS  SET  FORTH  ABOVE  HAVE
BEEN  MET  AND  FURTHER  AUTHORIZING  THE  LANDLORD  TO COLLECT ANY RENT
INCREASE OR ADJUSTMENT AUTHORIZED PURSUANT TO SUBPARAGRAPH (B)  OF  THIS
PARAGRAPH, AND THE LANDLORD HAS SERVED SUCH ORDER UPON THE TENANT RESID-
ING  IN  THE  HOUSING ACCOMMODATION AND THAT THE LANDLORD HAS MAINTAINED
ALL ESSENTIAL AND REQUIRED SERVICES PURSUANT  TO  SECTIONS  2202.16  AND
2102.4  OF THE NEW YORK CITY RENT AND EVICTION REGULATIONS.  ANY HOUSING
ACCOMMODATION FOR WHICH A RENT INCREASE PURSUANT TO PARAGRAPHS THREE AND
FOUR OF THIS SUBDIVISION HAS TAKEN EFFECT ON OR AFTER  JULY  FIRST,  TWO
THOUSAND  TWELVE  SHALL  NOT  BE  SUBJECT  TO AN INITIAL RENT ADJUSTMENT
PURSUANT TO THIS SUBPARAGRAPH UNTIL JANUARY FIRST,  TWO  THOUSAND  FOUR-
TEEN.
  (D)  MAXIMUM  RATES  OF  RENT ADJUSTMENT SHALL NOT BE ESTABLISHED MORE
THAN ONCE ANNUALLY FOR ANY HOUSING ACCOMMODATION SUBJECT TO THIS CHAPTER
WITHIN THE RENT GUIDELINES BOARD'S JURISDICTION.  ONCE  ESTABLISHED,  NO
SUCH  RATE SHALL BE ADJUSTED BY ANY SURCHARGE, SUPPLEMENTARY ADJUSTMENT,
REOPENER OR OTHER MODIFICATION.
  (E) NOTHING CONTAINED IN  THIS  PARAGRAPH  SHALL  ALTER,  RESTRICT  OR
IMPAIR  AN  OWNER'S  RIGHT  TO  ESTABLISH THE INITIAL REGULATED RENT FOR
ACCOMMODATIONS SUBJECT TO THIS CHAPTER WHICH BECOME VACANT.
  S 2. Section 4 of chapter 274 of the laws of  1946,  constituting  the
emergency  housing rent control law, is amended by adding a new subdivi-
sion 9 to read as follows:
  9. NOTWITHSTANDING ANY CONTRARY  PROVISIONS  OF  THIS  LAW,  EFFECTIVE
JANUARY  FIRST,  TWO  THOUSAND THIRTEEN, EXCEPT AS OTHERWISE PROVIDED IN
THIS SUBDIVISION, THE RENT FOR HOUSING ACCOMMODATIONS  SUBJECT  TO  THIS
CHAPTER  LOCATED  IN  THE  COUNTIES  OF  WESTCHESTER AND NASSAU SHALL BE
ADJUSTED AS FOLLOWS:
  (A) THE COUNTY RENT BOARDS ESTABLISHED PURSUANT TO SECTION  4  OF  THE
EMERGENCY  TENANT  PROTECTION ACT OF NINETEEN SEVENTY-FOUR, SHALL ESTAB-
LISH ANNUAL RENT ADJUSTMENTS FOR THE  CLASS  OF  HOUSING  ACCOMMODATIONS
SUBJECT  TO  THIS  CHAPTER  LOCATED  IN  THE COUNTIES OF WESTCHESTER AND
NASSAU, IN THE MANNER PROVIDED BY SUCH SECTION. THE FACT THAT THE  HOUS-

S. 5699--A                          3

ING  ACCOMMODATION  IS  SUBJECT  TO  THIS LAW MAY NOT BE CONSIDERED AS A
FACTOR IN DETERMINING THE RATE OF RENT ADJUSTMENT. NOT LATER THAN  OCTO-
BER FIRST, TWO THOUSAND TWELVE, AND NOT LATER THAN OCTOBER FIRST ANNUAL-
LY  THEREAFTER,  THE  COUNTY  RENT BOARDS SHALL FILE WITH THE COMMISSION
THEIR FINDINGS ESTABLISHED IN  CONSIDERATION  OF  THE  ECONOMIC  FACTORS
LISTED  IN SUBDIVISION B OF SECTION 4 OF THE EMERGENCY TENANT PROTECTION
ACT OF NINETEEN SEVENTY-FOUR, AND SHALL ACCOMPANY SUCH FINDINGS  WITH  A
STATEMENT  OF  THE MAXIMUM RATE OR RATES OF RENT ADJUSTMENT, IF ANY, FOR
ONE OR MORE CLASSES OF ACCOMMODATIONS SUBJECT TO THIS  LAW  WITHIN  SUCH
COUNTIES  AUTHORIZED FOR THE ADJUSTMENT OF THE MAXIMUM RENT OF THE HOUS-
ING ACCOMMODATION FOR THE TWELVE MONTH PERIOD COMMENCING JANUARY  FIRST,
TWO THOUSAND THIRTEEN, AND FOR EACH SUCCEEDING TWELVE MONTH PERIOD.
  (B)  EFFECTIVE  JANUARY FIRST, TWO THOUSAND THIRTEEN, THE MAXIMUM RENT
COLLECTIBLE FROM THE TENANT SHALL BE THE  MAXIMUM  RENT  COLLECTIBLE  ON
DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE, AS SUCH RENT MAY BE ADJUSTED
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION ANNUALLY, WITHOUT AN ORDER
OF  THE  COMMISSION,  OR  AS ADJUSTED PURSUANT TO ANY OTHER PROVISION OF
THIS LAW. HOWEVER, NO SUCH INCREASE PURSUANT TO PARAGRAPH  (A)  OF  THIS
SUBDIVISION  SHALL  BE  AUTHORIZED UNTIL THE EXPIRATION OF TWELVE MONTHS
FROM THE EFFECTIVE DATE OF ANY RENT ADJUSTMENT  AUTHORIZED  PURSUANT  TO
REGULATIONS  ADOPTED  FOR RENT ADJUSTMENTS TO COMPENSATE FOR UNAVOIDABLE
INCREASED COSTS OF OPERATIONS AS PROVIDED FOR UNDER THIS LAW.
  (C) MAXIMUM RATES OF RENT ADJUSTMENT SHALL  NOT  BE  ESTABLISHED  MORE
THAN  ONCE  ANNUALLY  FOR  ANY HOUSING ACCOMMODATION SUBJECT TO THIS LAW
WITHIN A BOARD'S JURISDICTION. ONCE ESTABLISHED, NO SUCH RATE  SHALL  BE
ADJUSTED  BY  ANY SURCHARGE, SUPPLEMENTARY ADJUSTMENT, REOPENER OR OTHER
MODIFICATION.
  (D) NOTHING CONTAINED IN  THIS  PARAGRAPH  SHALL  ALTER,  RESTRICT  OR
IMPAIR  AN  OWNER'S  RIGHT  TO  ESTABLISH THE INITIAL REGULATED RENT FOR
ACCOMMODATIONS SUBJECT TO THIS LAW WHICH BECOME VACANT.
  S 3. This act shall take effect immediately; provided that the  amend-
ments  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  as
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; and
provided that the amendments to section 4 of the emergency housing  rent
control  law  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 in subdivision 2 of section 1 of chapter 274 of the laws  of
1946.

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Senate Bill S5699A

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Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

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Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

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2011-S5699 - Details

2011-S5699 - Summary

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