S T A T E O F N E W Y O R K
________________________________________________________________________
2679
2011-2012 Regular Sessions
I N A S S E M B L Y
January 20, 2011
___________
Introduced by M. of A. FITZPATRICK -- read once and referred to the
Committee on Housing
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 rent regulation for certain high income tenants
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 26-504.1 of the administrative code of the city of
New York, as amended by chapter 116 of the laws of 1997, is amended to
read as follows:
S 26-504.1 Exclusion of accommodations of high income renters. Upon
the issuance of an order by the division, "housing accommodations" shall
not include housing accommodations which: (1) are occupied by persons
who have a total annual income in excess of one hundred seventy-five
thousand dollars per annum for each of the two preceding calendar years,
as defined in and subject to the limitations and process set forth in
section 26-504.3 of this chapter; and (2) have a legal regulated rent of
two thousand dollars or more per month. Provided, however, that this
exclusion shall not apply to housing accommodations which became or
become subject to this law (a) SOLELY by virtue of receiving tax bene-
fits pursuant to section four hundred twenty-one-a or four hundred
eighty-nine of the real property tax law, except as otherwise provided
in subparagraph (i) of paragraph (f) of subdivision two of section four
hundred twenty-one-a of the real property tax law, or (b) by virtue of
article seven-C of the multiple dwelling law.
S 2. Subdivision a of section 26-504.2 of the administrative code of
the city of New York, as amended by chapter 82 of the laws of 2003, is
amended to read as follows:
a. "Housing accommodations" shall not include any housing accommo-
dation which becomes vacant on or after April first, nineteen hundred
ninety-seven and where at the time the tenant vacated such housing
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03035-01-1
A. 2679 2
accommodation the legal regulated rent was two thousand dollars or more
per month, or any housing accommodation which is or becomes vacant on or
after the effective date of the rent regulation reform act of 1997 with
a legal regulated rent of two thousand dollars or more per month. This
exclusion shall apply regardless of whether the next tenant in occupancy
or any subsequent tenant in occupancy actually is charged or pays less
than two thousand dollars a month. Provided however, that this exclusion
shall not apply to housing accommodations which became or become subject
to this law (a) SOLELY by virtue of receiving tax benefits pursuant to
section four hundred twenty-one-a or four hundred eighty-nine of the
real property tax law, except as otherwise provided in subparagraph (i)
of paragraph (f) of subdivision two of section four hundred twenty-one-a
of the real property tax law, or (b) by virtue of article seven-C of the
multiple dwelling law. This section shall not apply, however, to or
become effective with respect to housing accommodations which the
commissioner determines or finds that the landlord or any person acting
on his or her behalf, with intent to cause the tenant to vacate, engaged
in any course of conduct (including, but not limited to, interruption or
discontinuance of required services) which interfered with or disturbed
or was intended to interfere with or disturb the comfort, repose, peace
or quiet of the tenant in his or her use or occupancy of the housing
accommodations and in connection with such course of conduct, any other
general enforcement provision of this law shall also apply.
S 3. Paragraph 12 of subdivision a of section 5 of section 4 of chap-
ter 576 of the laws of 1974, constituting the emergency tenant
protection act of nineteen seventy-four, as amended by chapter 116 of
the laws of 1997, is amended to read as follows:
(12) upon issuance of an order by the division, housing accommodations
which are: (1) occupied by persons who have a total annual income in
excess of one hundred seventy-five thousand dollars per annum in each of
the two preceding calendar years, as defined in and subject to the limi-
tations and process set forth in section five-a of this act; and (2)
have a legal regulated rent of two thousand dollars or more per month.
Provided however, that this exclusion shall not apply to housing accom-
modations which became or become subject to this act (a) SOLELY by
virtue of receiving tax benefits pursuant to section four hundred twen-
ty-one-a or four hundred eighty-nine of the real property tax law,
except as otherwise provided in subparagraph (i) of paragraph (f) of
subdivision two of section four hundred twenty-one-a of the real proper-
ty tax law, or (b) by virtue of article seven-C of the multiple dwelling
law.
S 4. This act shall take effect immediately; provided, however, that
the amendments to sections 26-504.1 and 26-504.2 of chapter 4 of title
26 of the administrative code of the city of New York made by sections
one and 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; and provided, however, that the amend-
ments to section 5 of the emergency tenant protection act of nineteen
seventy-four made by section three 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.