S T A T E O F N E W Y O R K
________________________________________________________________________
2593--A
2011-2012 Regular Sessions
I N A S S E M B L Y
January 19, 2011
___________
Introduced by M. of A. V. LOPEZ, GOTTFRIED, ROSENTHAL, KAVANAGH, WRIGHT,
O'DONNELL, ORTIZ -- Multi-Sponsored by -- M. of A. BROOK-KRASNY,
FARRELL, GLICK, HOOPER, JACOBS, JEFFRIES, PERRY -- read once and
referred to the Committee on Housing -- 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 administrative code of the city of New York and the
emergency tenant protection act of nineteen seventy-four, in relation
to limiting rent increase after vacancy of a housing accommodation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 5-a of subdivision c of section 26-511 of the
administrative code of the city of New York, as amended by section 7 of
part B of chapter 97 of the laws of 2011, is amended to read as follows:
(5-a) provides that, notwithstanding any provision of this chapter,
the legal regulated rent for any vacancy lease entered into after the
effective date of this paragraph shall be as hereinafter provided in
this paragraph. The previous legal regulated rent for such housing
accommodation shall be increased by the following: (i) if the vacancy
lease is for a term of two years, [twenty] TEN percent of the previous
legal regulated rent; or (ii) if the vacancy lease is for a term of one
year the increase shall be [twenty] TEN percent of the previous legal
regulated rent less an amount equal to the difference between (a) the
two year renewal lease guideline promulgated by the guidelines board of
the city of New York applied to the previous legal regulated rent and
(b) the one year renewal lease guideline promulgated by the guidelines
board of the city of New York applied to the previous legal regulated
rent. In addition, if the legal regulated rent was not increased with
respect to such housing accommodation by a permanent vacancy allowance
within eight years prior to a vacancy lease executed on or after the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00241-02-2
A. 2593--A 2
effective date of this paragraph, the legal regulated rent may be
further increased by an amount equal to the product resulting from
multiplying such previous legal regulated rent by six-tenths of one
percent and further multiplying the amount of rent increase resulting
therefrom by the greater of (A) the number of years since the imposition
of the last permanent vacancy allowance, or (B) if the rent was not
increased by a permanent vacancy allowance since the housing accommo-
dation became subject to this chapter, the number of years that such
housing accommodation has been subject to this chapter. Provided that if
the previous legal regulated rent was less than three hundred dollars
the total increase shall be as calculated above plus one hundred dollars
per month. Provided, further, that if the previous legal regulated rent
was at least three hundred dollars and no more than five hundred dollars
in no event shall the total increase pursuant to this paragraph be less
than one hundred dollars per month. Such increase shall be in lieu of
any allowance authorized for the one or two year renewal component ther-
eof, but shall be in addition to any other increases authorized pursuant
to this chapter including an adjustment based upon a major capital
improvement, or a substantial modification or increase of dwelling space
or services, or installation of new equipment or improvements or new
furniture or furnishings provided in or to the housing accommodation
pursuant to this section. The increase authorized in this paragraph may
not be implemented more than one time in any calendar year, notwith-
standing the number of vacancy leases entered into in such year.
S 2. Subdivision (a-1) 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 8 of part B of chapter 97
of the laws of 2011, is amended to read as follows:
(a-1) provides that, notwithstanding any provision of this act, the
legal regulated rent for any vacancy lease entered into after the effec-
tive date of this subdivision shall be as hereinafter set forth. The
previous legal regulated rent for such housing accommodation shall be
increased by the following: (i) if the vacancy lease is for a term of
two years, [twenty] TEN percent of the previous legal regulated rent; or
(ii) if the vacancy lease is for a term of one year the increase shall
be [twenty] TEN percent of the previous legal regulated rent less an
amount equal to the difference between (a) the two year renewal lease
guideline promulgated by the guidelines board of the county in which the
housing accommodation is located applied to the previous legal regulated
rent and (b) the one year renewal lease guideline promulgated by the
guidelines board of the county in which the housing accommodation is
located applied to the previous legal regulated rent. In addition, if
the legal regulated rent was not increased with respect to such housing
accommodation by a permanent vacancy allowance within eight years prior
to a vacancy lease executed on or after the effective date of this
subdivision, the legal regulated rent may be further increased by an
amount equal to the product resulting from multiplying such previous
legal regulated rent by six-tenths of one percent and further multiply-
ing the amount of rent increase resulting therefrom by the greater of
(A) the number of years since the imposition of the last permanent
vacancy allowance, or (B) if the rent was not increased by a permanent
vacancy allowance since the housing accommodation became subject to this
act, the number of years that such housing accommodation has been
subject to this act. Provided that if the previous legal regulated rent
was less than three hundred dollars the total increase shall be as
calculated above plus one hundred dollars per month. Provided, further,
A. 2593--A 3
that if the previous legal regulated rent was at least three hundred
dollars and no more than five hundred dollars in no event shall the
total increase pursuant to this subdivision be less than one hundred
dollars per month. Such increase shall be in lieu of any allowance
authorized for the one or two year renewal component thereof, but shall
be in addition to any other increases authorized pursuant to this act
including an adjustment based upon a major capital improvement, or a
substantial modification or increase of dwelling space or services, or
installation of new equipment or improvements or new furniture or
furnishings provided in or to the housing accommodation pursuant to
section six of this act. The increase authorized in this subdivision
may not be implemented more than one time in any calendar year, notwith-
standing the number of vacancy leases entered into in such year.
S 3. This act shall take effect immediately; provided that the amend-
ments to section 26-511 of the rent stabilization law of nineteen
hundred sixty-nine made by section one 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; and provided,
further, that the amendments to section 4 of the emergency tenant
protection act of nineteen seventy-four made by section two 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.