NY State Senate Bill 2011-S874

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to housing, construction and community development
Jan 05, 2011	referred to housing, construction and community development

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2011-S874 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§26-405, 26-511 & 26-504.2, NYC Ad Cd; amd §§5 & 6, Emerg Ten Prot Act of 1974; amd §4, Emerg Hous Rent Cont L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5296
2013-2014: S799

2011-S874 (ACTIVE) - Summary

Relates to adjustment to the maximum allowable rent.

2011-S874 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S874

TITLE OF BILL:
An act
to amend the administrative code of the city of New York, the emergency
tenant protection act of nineteen seventy-four, and the emergency
housing rent control law, in relation to adjustment of maximum
allowable rent

PURPOSE:
Expenses for individual apartment improvements in rental housing are
currently recovered over three and a half years in calculating the
permissible monthly rent increase. This bill increases the length of
time to five years and requires the Division of Housing and Community
Renewal (DHCR) to approve such rent increases for vacant apartments
that would increase the legal rent by more than ten percent. By
extending the amount of time to recover expenses, a landlord is less
likely to make improvements for the sake of using vacancy decontrol
to deny tenants affordable housing. The bill requires owners to
disclose in detail to DHCR and tenants regarding eligibility for
vacancy decontrol and provides a basis for a tenant to assert his or
her rights rather than reliance on the owner simply asserting the a
rental increase is warranted based on supposed improvements.

SUMMARY OF SPECIFIC PROVISIONS:
Sections 1, 2, 4 and 5 increase the amortization period for expenses

due to individual apartment improvements from 40 months to 60 months.

Sections 2 and 4 provide that no rent increase shall be collectible
for an individual apartment improvement unless:

* the owner of the apartment has provided the tenant with a lease
rider or a notice explaining in detail how the individual apartment
improvement rent increase in the vacancy lease has been computed;

* there are no current hazardous violations of any municipal, county,
State or Federal law that relate to the maintenance of any required
services;

* there is no outstanding determination by the DHCR that the owner has
failed to maintain any required services;

* the owner of the apartment has filed with DHCR an explanation and
documentation of how the individual apartment improvement rent
increase was computed, whenever such rent exceeds 10 percent of the
rent charged to the previous tenant including supporting
documentation. A new tenant must be given an opportunity to respond
to the owner's filing with the DHCR prior to the DHCR's determination
of the appropriate rent increase.

Section 3 provides that vacancy lease riders given to rent stabilized
tenants in New York city must include detailed breakdowns of any
individual apartment improvement rent increase charged to the new
tenant.


Sections 6 and 7 require owners to file "exit" registrations with DHCR
and give notices to the first tenant after an apartment is subject to
vacancy decontrol stating the reason for deregulation and a
calculation of how the last rent was increased to exceed the $2,000
vacancy decontrol threshold.
The notice will also advise tenants as to how they can verify the last
legal regulated rent with DHCR.

These sections also stipulate that units cannot leave rent regulation
unless and until an "exit" registration is filed with DHCR and copies
of the registration and the notice of how the apartment was subjected
to vacancy deregulation are served upon the new tenant.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Extends the amortization period from 40 months to 60 months and gives
DHCR a stronger oversight role by authorizing it to approve or
disapprove larger rent increases in whole or in part.

JUSTIFICATION:
There is a major loophole in the rent regulation system called the
1/40th loophole, also known as an Individual Apartment Improvement
Increase. This loophole allows a landlord to raise the rent on an
unoccupied rent stabilized apartment by passing the cost of physical
improvements to the next tenant by raising the monthly rent an amount
equal to 1/40th of the total cost of the improvements. A 1/40th
increase can be taken in addition to any other rent increase to which
the landlord is statutorily entitled. There is no oversight of any
kind of the 1/40th loophole. Landlords are allowed to unilaterally
impose 1/40th rent increases without prior approval, or even
documentation.

This lack of oversight has led to widespread fraud, and has been a
major reason for the loss of affordable housing in New York.
Landlords are able to use the 1/40th increase to move the apartment
above the current $2,000 High Rent Vacancy Decontrol threshold that
allows them to permanently de-regulate the apartment. Although there
are not absolutely clear government records of the frequency with
which 1/40th increases are used, because there is no oversight of the
program, it is clear that rent regulated apartments are moving out of
affordability at a rate faster than statutory rent increases would
allow.

Fraudulent rent increases for apartment renovations are a major reason
affordable housing is disappearing from New York, according to a
recent study by the Association for Neighborhood and Rousing
Development (ANHD).

The only present oversight mechanism is an inadequate tenant-initiated
complaint filed with DHCR as a Complaint of Rent Overcharge. Because
the improvement occurs in a vacant apartment, the new tenant has no
way of knowing what the rent should be, and if the work done
justifies the increase.

This legislation would give DHCR the authority to approve or
disapprove such increases in whole or in part based upon the proof of
expenses submitted by the landlord. It will also give new tenants a


breakdown of how their rents are computed and information allowing
them to challenge such rents.

PRIOR LEGISLATIVE HISTORY:
2010: S.5296A/A.5316-B

FISCAL IMPLICATIONS:
Some expense associated with DHCR administration of this program.

EFFECTIVE DATE:
This act takes effect on the 90th day after it becomes law except that
sections six and seven take effect on the 30th day after the it
becomes law and DHCR is authorized and directed to promulgate rules,
regulations, and standards immediately.

2011-S874 (ACTIVE) - Bill Text download pdf

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

                                   874

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  SQUADRON, ADAMS, DIAZ, HASSELL-THOMPSON, KRUEGER,
  MONTGOMERY, PERKINS, 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 administrative code of the city of New York, the
  emergency tenant protection act  of  nineteen  seventy-four,  and  the
  emergency housing rent control law, in relation to adjustment of maxi-
  mum allowable rent

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

  Section 1. Subparagraph (e) of paragraph 1 of subdivision g of section
26-405 of the administrative code of the city of New York, as amended by
chapter 253 of the laws of 1993, is amended to read as follows:
  (e) The landlord and tenant  by  mutual  voluntary  written  agreement
agree  to  a  substantial  increase  or  decrease in dwelling space or a
change in the services, furniture, furnishings or equipment provided  in
the  housing accommodations. An adjustment under this subparagraph shall
be equal to [one-fortieth] ONE-SIXTIETH of the total  cost  incurred  by
the  landlord  in  providing  such  modification or increase in dwelling
space, services, furniture, furnishings or equipment, including the cost
of installation, but excluding finance charges, provided further  [than]
THAT  an  owner  who  is  entitled  to  a rent increase pursuant to this
subparagraph shall not be entitled to a further rent increase based upon
the installation of similar equipment, or new furniture  or  furnishings
within  the  useful  life  of  such  new  equipment, or new furniture or
furnishings. The owner shall give written notice to the city rent agency
of any such adjustment pursuant to this subparagraph[.]; or
  S 2. Paragraph 13 of subdivision c of section 26-511 of  the  adminis-
trative  code  of  the  city of New York, as added by chapter 253 of the
laws of 1993, is amended to read as follows:

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

                                                           LBD03120-01-1

S. 874                              2

  (13) provides that an owner is entitled to a rent increase where there
has been a substantial modification or increase of dwelling space or  an
increase  in  the services, or installation of new equipment or improve-
ments or new furniture or furnishings provided in or to a tenant's hous-
ing  accommodation,  on  written tenant consent to the rent increase. In
the case of a vacant housing accommodation, tenant consent shall not  be
required.
  (A)  The  permanent  increase  in  the  legal  regulated  rent for the
affected housing accommodation shall be [one-fortieth]  ONE-SIXTIETH  of
the  total  cost incurred by the landlord in providing such modification
or increase in  dwelling  space,  services,  furniture,  furnishings  or
equipment,  including  the  cost  of installation, but excluding finance
charges. [Provided further that an]
  (B) AN owner who is entitled to a rent increase pursuant to this para-
graph shall not be entitled to a further rent increase  based  upon  the
installation of similar equipment, or new furniture or furnishings with-
in  the  useful  life  of  such  new  equipment,  or  new  furniture  or
furnishings.
  (C) NO INCREASE SHALL BE COLLECTIBLE UNDER THIS  PARAGRAPH  UNTIL  THE
LANDLORD  HAS PROVIDED THE TENANT WITH A RIDER PURSUANT TO SUBDIVISION D
OF THIS SECTION, INCLUDING AN EXPLANATION OF HOW THE RENT IN THE VACANCY
LEASE HAS BEEN COMPUTED, AND THE SPECIFIC AMOUNTS  OF  ALL  EXPENDITURES
SUPPORTING A RENT INCREASE UNDER THIS PARAGRAPH.
  (D)  NO  INCREASE SHALL BE COLLECTIBLE UNDER THIS  PARAGRAPH WHERE THE
DIVISION OF HOUSING AND COMMUNITY RENEWAL HAS DETERMINED THAT THE  OWNER
IS  NOT  MAINTAINING ALL BUILDING-WIDE REQUIRED SERVICES OR ALL REQUIRED
SERVICES WITH RESPECT TO THE AFFECTED HOUSING  ACCOMMODATION,  OR  WHERE
THERE  ARE  CURRENT HAZARDOUS VIOLATIONS OF ANY MUNICIPAL, COUNTY, STATE
OR FEDERAL LAW WHICH RELATE TO THE MAINTENANCE OF SUCH SERVICES.
  (E) WITHIN THIRTY DAYS OF THE SIGNING OF A VACANCY LEASE  INCLUDING  A
RENT INCREASE PURSUANT TO THIS PARAGRAPH THAT EXCEEDS TEN PERCENT OF THE
RENT  CHARGED TO THE PREVIOUS TENANT, THE OWNER WILL FILE WITH THE DIVI-
SION OF HOUSING AND COMMUNITY RENEWAL AN EXPLANATION OF HOW THE  VACANCY
RENT WAS COMPUTED, AND ALL DOCUMENTS NECESSARY TO SUPPORT THE COLLECTION
OF  SUCH  INCREASE,  INCLUDING  BUT  NOT  LIMITED  TO, CANCELLED CHECKS,
INVOICES AND SIGNED CONTRACTS CONTEMPORANEOUSLY  WITH  THE  IMPROVEMENTS
ALLEGED,  AND  CONTRACTOR'S  AFFIDAVITS INDICATING THAT THE INSTALLATION
WAS COMPLETED AND PAID IN FULL. UPON RECEIPT OF ALL DOCUMENTS  SUBMITTED
BY THE OWNER, AND AFTER GIVING THE TENANT NAMED IN SUCH VACANCY LEASE AN
OPPORTUNITY  TO  RESPOND,  THE DIVISION OF HOUSING AND COMMUNITY RENEWAL
SHALL ISSUE AN ORDER APPROVING OR DISAPPROVING SUCH INCREASE IN WHOLE OR
IN PART. BASED UPON SUCH DETERMINATION,  THE  DIVISION  OF  HOUSING  AND
COMMUNITY RENEWAL SHALL ORDER A REFUND TO THE TENANT EQUAL TO THE AMOUNT
COLLECTED IN EXCESS OF THE LEGAL REGULATED RENT APPROVED BY THE DIVISION
OF HOUSING AND COMMUNITY RENEWAL.
  (F) IF THE OWNER FAILS TO ESTABLISH BY A PREPONDERANCE OF THE EVIDENCE
THAT THE OVERCHARGE WAS NOT WILLFUL, THE DIVISION OF  HOUSING AND COMMU-
NITY  RENEWAL  SHALL  ORDER THE OWNER TO PAY TO THE TENANT AN ADDITIONAL
AMOUNT EQUAL TO THREE TIMES THE EXCESS CHARGED.
  (G) THE NEXT ANNUAL  REGISTRATION  STATEMENT  FILED  FOR  ANY  HOUSING
ACCOMMODATION  SUBJECT  TO  AN INCREASE UNDER THIS PARAGRAPH, WHETHER OR
NOT SUBJECT TO THE PROVISIONS OF  SUBPARAGRAPH  (E)  OF  THIS  PARAGRAPH
SHALL  CONTAIN  A  DETAILED  BREAKDOWN  OF THE COSTS OF ALL IMPROVEMENTS
UNDERLYING SUCH INCREASE.

S. 874                              3

  S 3. Paragraph 2 of subdivision d of section 26-511 of the administra-
tive code of the city of New York is renumbered paragraph 3  and  a  new
paragraph 2 is added to read as follows:
  (2)  FOR VACANCY LEASES, SUCH RIDER SHALL ALSO INCLUDE A NOTICE OF THE
PRIOR LEGAL RENT, IF ANY, THAT WAS IN EFFECT IMMEDIATELY  PRIOR  TO  THE
VACANCY,  AN  EXPLANATION  OF  HOW  THE RENTAL AMOUNT HAS BEEN COMPUTED,
INCLUDING A DETAILED BREAKDOWN OF THE NATURE AND COST  OF  ANY  IMPROVE-
MENTS  UNDERLYING  AN INCREASE UNDER PARAGRAPH THIRTEEN OF SUBDIVISION C
OF THIS SECTION, AND A STATEMENT THAT ANY INCREASE  ABOVE  THE  PREVIOUS
RENT IS IN ACCORDANCE WITH ADJUSTMENTS PERMITTED BY LAW.
  S 4. Paragraph 1 of subdivision d of section 6 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 253  of  the  laws  of
1993, is amended to read as follows:
  (1)  there has been a substantial modification or increase of dwelling
space or an increase in the services, or installation of  new  equipment
or  improvements  or  new  furniture or furnishings, provided in or to a
tenant's housing accommodation, on written tenant consent  to  the  rent
increase.  In the case of a vacant housing accommodation, tenant consent
shall not be required. (A) The permanent increase in the legal regulated
rent for the affected  housing  accommodation  shall  be  [one-fortieth]
ONE-SIXTIETH  of  the  total  cost incurred by the landlord in providing
such modification or increase in dwelling  space,  services,  furniture,
furnishings  or  equipment,  including  the  cost  of  installation, but
excluding finance charges. [Provided further than an] (B) AN  owner  who
is  entitled  to a rent increase pursuant to this paragraph shall not be
entitled to a further rent increase based upon the installation of simi-
lar equipment, or new furniture or furnishings within the useful life of
such new equipment, or new furniture or  furnishings.    (C)  THE  OWNER
SHALL  GIVE  WRITTEN  NOTICE  TO  THE  DIVISION OF HOUSING AND COMMUNITY
RENEWAL AND THE TENANT NAMED IN A VACANCY LEASE ON FORMS  PRESCRIBED  BY
THE  DIVISION  OF ANY SUCH ADJUSTMENT PURSUANT TO THIS PARAGRAPH AND THE
FAILURE TO PROVIDE SUCH WRITTEN NOTICE AS PROVIDED HEREIN SHALL PRECLUDE
THE COLLECTION OF ANY  SUCH  ADJUSTMENT.  SUCH  NOTICE  MUST  INCLUDE  A
DETAILED BREAKDOWN OF THE NATURE AND COST OF ANY IMPROVEMENTS UNDERLYING
AN  INCREASE  IN  RENT  UNDER  THIS  PARAGRAPH  AND A STATEMENT THAT ANY
INCREASE ABOVE THE PREVIOUS  RENT  IS  IN  ACCORDANCE  WITH  ADJUSTMENTS
PERMITTED  BY LAW. (D) NO INCREASE SHALL BE COLLECTIBLE UNDER THIS PARA-
GRAPH WHERE THE DIVISION OF HOUSING AND COMMUNITY RENEWAL HAS DETERMINED
THAT THE OWNER IS NOT MAINTAINING ALL BUILDING-WIDE REQUIRED SERVICES OR
ALL REQUIRED SERVICES WITH RESPECT  TO  THE  AFFECTED  HOUSING  ACCOMMO-
DATION,  OR  WHERE THERE ARE CURRENT HAZARDOUS VIOLATIONS OF ANY MUNICI-
PAL, COUNTY, STATE OR FEDERAL LAW WHICH RELATE  TO  THE  MAINTENANCE  OF
SUCH SERVICES.  (E) WITHIN THIRTY DAYS OF THE SIGNING OF A VACANCY LEASE
INCLUDING  A  RENT  INCREASE PURSUANT TO THIS PARAGRAPH THAT EXCEEDS TEN
PERCENT OF THE RENT CHARGED TO THE PREVIOUS TENANT, THE OWNER WILL  FILE
WITH  THE  DIVISION AN EXPLANATION OF HOW THE VACANCY RENT WAS COMPUTED,
AND ALL DOCUMENTS NECESSARY TO SUPPORT THE COLLECTION OF SUCH  INCREASE,
INCLUDING  BUT  NOT  LIMITED  TO,  CANCELLED CHECKS, INVOICES AND SIGNED
CONTRACTS CONTEMPORANEOUSLY WITH THE IMPROVEMENTS ALLEGED, AND  CONTRAC-
TOR'S AFFIDAVITS INDICATING THAT THE INSTALLATION WAS COMPLETED AND PAID
IN  FULL. UPON RECEIPT OF ALL DOCUMENTS SUBMITTED BY THE OWNER AND AFTER
GIVING THE TENANT NAMED IN THE VACANCY LEASE AN OPPORTUNITY TO  RESPOND,
THE  DIVISION  SHALL  ISSUE  AN  ORDER  APPROVING  OR  DISAPPROVING SUCH
INCREASE IN WHOLE OR IN PART. BASED UPON SUCH DETERMINATION,  THE  DIVI-
SION SHALL ORDER A REFUND TO THE TENANT EQUAL TO THE AMOUNT COLLECTED IN

S. 874                              4

EXCESS OF THE LEGAL REGULATED RENT APPROVED BY THE DIVISION.  (F) IF THE
OWNER  FAILS  TO  ESTABLISH  BY A PREPONDERANCE OF THE EVIDENCE THAT THE
OVERCHARGE WAS NOT WILLFUL, THE DIVISION SHALL ORDER THE OWNER TO PAY TO
THE TENANT AN ADDITIONAL AMOUNT EQUAL TO THREE TIMES THE EXCESS CHARGED.
(G)  THE NEXT ANNUAL REGISTRATION STATEMENT FILED FOR ANY HOUSING ACCOM-
MODATION SUBJECT TO AN INCREASE UNDER THIS  PARAGRAPH,  WHETHER  OR  NOT
SUBJECT  TO  THE  PROVISIONS OF SUBPARAGRAPH (E) OF THIS PARAGRAPH SHALL
CONTAIN A DETAILED BREAKDOWN OF THE COSTS OF ALL IMPROVEMENTS UNDERLYING
SUCH INCREASE.
  S 5. Clause 5 of the second undesignated paragraph of paragraph (a) of
subdivision 4 of section 4 of chapter 274 of the laws of  1946,  consti-
tuting the emergency housing rent control law, as amended by chapter 253
of the laws of 1993, is amended to read as follows:
  (5)  the  landlord  and  tenant  by mutual voluntary written agreement
agree to a substantial increase or  decrease  in  dwelling  space  or  a
change  in the services, furniture, furnishings or equipment provided in
the housing accommodations; provided that an owner shall be entitled  to
a  rent  increase  where  there  has  been a substantial modification or
increase of dwelling space or an increase in the services, or  installa-
tion  of  new  equipment or improvements or new furniture or furnishings
provided in or  to  a  tenant's  housing  accommodation.  The  permanent
increase  in  the  maximum  rent  for the affected housing accommodation
shall be [one-fortieth] ONE-SIXTIETH of the total cost incurred  by  the
landlord  in  providing such modification or increase in dwelling space,
services, furniture, furnishings or equipment,  including  the  cost  of
installation,  but  excluding  finance  charges provided further that an
owner who is entitled to a rent increase pursuant to this  clause  shall
not  be  entitled to a further rent increase based upon the installation
of similar equipment, or new furniture or furnishings within the  useful
life  of  such new equipment, or new furniture or furnishings. The owner
shall give written notice to  the  commission  of  any  such  adjustment
pursuant to this clause; or
  S  6.  Section  26-504.2 of the administrative code of the city of New
York is amended by adding a new subdivision c to read as follows:
  C. NOTWITHSTANDING ANYTHING  IN  SUBDIVISION  A  OF  THIS  SECTION  OR
SUBPARAGRAPH  (K) OF PARAGRAPH TWO OF SUBDIVISION E OF SECTION 26-403 OF
THIS TITLE TO THE CONTRARY, THE FAILURE OF THE OWNER TO COMPLY WITH  THE
REQUIREMENTS  OF SUBDIVISION B OF THIS SECTION SHALL RESULT IN THE HOUS-
ING ACCOMMODATION REMAINING SUBJECT TO THE PROVISIONS OF THIS LAW OR THE
CITY RENT AND REHABILITATION LAW AT THE LAST REGULATED  RENT  UNTIL  THE
OWNER COMPLIES WITH THE REQUIREMENTS OF SUBDIVISION B OF THE SECTION.
  S 7. The opening paragraph of paragraph 13 of subdivision a of section
5  of  section  4  of  chapter 576 of the laws of 1974, constituting the
emergency tenant protection act of nineteen seventy-four  is  designated
subparagraph  (i)  and two new subparagraphs (ii) and (iii) are added to
read as follows:
  (II) THE OWNER OF ANY HOUSING ACCOMMODATION THAT  IS  NOT  SUBJECT  TO
THIS  ACT  PURSUANT  TO THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
GRAPH OR PARAGRAPH (N) OF SUBDIVISION TWO OF SECTION TWO OF THE EMERGEN-
CY HOUSING RENT CONTROL LAW SHALL GIVE WRITTEN NOTICE CERTIFIED BY  SUCH
OWNER TO THE FIRST TENANT OF THAT HOUSING ACCOMMODATION AFTER SUCH HOUS-
ING  ACCOMMODATION BECOMES EXEMPT FROM THE PROVISIONS OF THIS ACT OR THE
EMERGENCY HOUSING RENT CONTROL LAW. SUCH NOTICE SHALL CONTAIN  THE  LAST
REGULATED  RENT,  THE  REASON  THAT  SUCH  HOUSING  ACCOMMODATION IS NOT
SUBJECT TO THIS ACT OR THE EMERGENCY HOUSING RENT CONTROL LAW, A  CALCU-
LATION OF HOW EITHER THE RENTAL AMOUNT CHARGED WHEN THERE IS NO LEASE OR

S. 874                              5

THE  RENTAL  AMOUNT  PROVIDED FOR IN THE LEASE HAS BEEN DERIVED SO AS TO
REACH TWO THOUSAND DOLLARS OR MORE PER MONTH, A STATEMENT THAT THE  LAST
LEGAL  REGULATED  RENT OR THE MAXIMUM RENT MAY BE VERIFIED BY THE TENANT
BY  CONTACTING  THE  STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, OR
ANY SUCCESSOR THERETO, AND THE ADDRESS  AND  TELEPHONE  NUMBER  OF  SUCH
AGENCY, OR ANY SUCCESSOR THERETO. SUCH NOTICE SHALL BE SENT BY CERTIFIED
MAIL WITHIN THIRTY DAYS AFTER THE TENANCY COMMENCES OR AFTER THE SIGNING
OF  THE LEASE BY BOTH PARTIES, WHICHEVER OCCURS FIRST OR SHALL BE DELIV-
ERED TO THE TENANT AT THE SIGNING OF THE LEASE. IN ADDITION,  THE  OWNER
SHALL  SEND  AND CERTIFY TO THE TENANT A COPY OF THE REGISTRATION STATE-
MENT FOR SUCH HOUSING ACCOMMODATION FILED WITH  THE  STATE  DIVISION  OF
HOUSING AND COMMUNITY RENEWAL INDICATING THAT SUCH HOUSING ACCOMMODATION
BECAME  EXEMPT  FROM THE PROVISIONS OF THIS ACT OR THE EMERGENCY HOUSING
RENT CONTROL LAW, WHICH FORM SHALL INCLUDE THE LAST REGULATED RENT,  AND
SHALL  BE  SENT  TO  THE  TENANT  WITHIN  THIRTY  DAYS AFTER THE TENANCY
COMMENCES OR THE FILING OF SUCH REGISTRATION, WHICHEVER OCCURS LATER.
  (III) NOTWITHSTANDING ANYTHING IN SUBPARAGRAPH (I) OF  THIS  PARAGRAPH
OR  PARAGRAPH  (N)  OF  SUBDIVISION  TWO OF SECTION TWO OF THE EMERGENCY
HOUSING RENT CONTROL LAW TO THE CONTRARY, THE FAILURE OF  THE  OWNER  TO
COMPLY  WITH  THE  REQUIREMENTS  OF  SUBPARAGRAPH (II) OF THIS PARAGRAPH
SHALL RESULT IN THE  HOUSING  ACCOMMODATION  REMAINING  SUBJECT  TO  THE
PROVISIONS  OF THIS ACT OR THE EMERGENCY HOUSING RENT CONTROL LAW AT THE
LAST REGULATED RENT UNTIL THE OWNER COMPLIES WITH  THE  REQUIREMENTS  OF
SUBPARAGRAPH (II) OF THIS PARAGRAPH.
  S  8.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided that:
  (a) sections six and seven of this act shall take effect on the  thir-
tieth day after this act shall have become a law;
  (b)  the  amendments  to section 26-405 of the city rent and rehabili-
tation 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;
  (c) the amendments to chapter 4 of title 26 of the administrative code
of the city of New York made by sections two, three and six 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;
  (d) the amendments to the emergency tenant protection act of  nineteen
seventy-four made by sections four and seven 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;
  (e)  the amendments to section 4 of the emergency housing rent control
law made by section five 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; and
  (f)  effective  immediately,  the  division  of  housing and community
renewal is authorized to and shall promulgate all rules, regulations and
standards necessary to implement the provisions of this act.

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Senate Bill S874

Sponsored By

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

co-Sponsors

2011-S874 (ACTIVE) - Details

2011-S874 (ACTIVE) - Summary

2011-S874 (ACTIVE) - Sponsor Memo

2011-S874 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S874

Share this bill

Sponsored By

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

co-Sponsors

2011-S874 (ACTIVE) - Details

2011-S874 (ACTIVE) - Summary

2011-S874 (ACTIVE) - Sponsor Memo

2011-S874 (ACTIVE) - Bill Text download pdf

Comments