S T A T E O F N E W Y O R K
________________________________________________________________________
7234--A
2011-2012 Regular Sessions
I N A S S E M B L Y
April 19, 2011
___________
Introduced by M. of A. ROSENTHAL, DINOWITZ, GLICK, JEFFRIES, JACOBS,
GOTTFRIED, ABINANTI, STEVENSON, ROBINSON, MAISEL, BARRON, COLTON,
CASTRO, GIBSON, COOK, WRIGHT, HOOPER -- Multi-Sponsored by -- M. of A.
BRENNAN, MARKEY -- 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 emergency tenant protection act of nineteen seven-
ty-four and the administrative code of the city of New York, in
relation to prohibiting a county rent guidelines board from establish-
ing rent adjustments for class A dwelling units based on certain
considerations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of subdivision b of section 4 of
section 4 of chapter 576 of the laws of 1974, constituting the emergency
tenant protection act of nineteen seventy-four, as amended by chapter
403 of the laws of 1983, is amended to read as follows:
A county rent guidelines board shall establish annually guidelines for
rent adjustments which, at its sole discretion may be varied and differ-
ent for and within the several zones and jurisdictions of the board, and
in determining whether rents for housing accommodations as to which an
emergency has been declared pursuant to this act shall be adjusted,
shall consider among other things (1) the economic condition of the
residential real estate industry in the affected area including such
factors as the prevailing and projected (i) real estate taxes and sewer
and water rates, (ii) gross operating maintenance costs (including
insurance rates, governmental fees, cost of fuel and labor costs), (iii)
costs and availability of financing (including effective rates of inter-
est), (iv) over-all supply of housing accommodations and over-all vacan-
cy rates, (2) relevant data from the current and projected cost of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10708-02-2
A. 7234--A 2
living indices for the affected area, (3) such other data as may be made
available to it. As soon as practicable after its creation and thereaft-
er not later than July first of each year, a rent guidelines board shall
file with the state division of housing and community renewal its find-
ings for the preceding calendar year, 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 accommodation subject to this act,
authorized for leases or other rental agreements commencing during the
next succeeding twelve months. The standards for rent adjustments may be
applicable for the entire county or may be varied according to such
zones or jurisdictions within such county as the board finds necessary
to achieve the purposes of this subdivision. A COUNTY RENT GUIDELINES
BOARD SHALL NOT ESTABLISH ANNUAL GUIDELINES FOR RENT ADJUSTMENTS BASED
ON THE CURRENT RENTAL COST OF A UNIT OR ON THE AMOUNT OF TIME THAT HAS
ELAPSED SINCE ANOTHER RENT INCREASE WAS AUTHORIZED PURSUANT TO THIS
CHAPTER.
S 2. Subdivision b of section 26-510 of the administrative code of
the city of New York is amended to read as follows:
b. The rent guidelines board shall establish annually guidelines for
rent adjustments, and in determining whether rents for housing accommo-
dations subject to the emergency tenant protection act of nineteen
seventy-four or this law shall be adjusted shall consider, among other
things (1) the economic condition of the residential real estate indus-
try in the affected area including such factors as the prevailing and
projected (i) real estate taxes and sewer and water rates, (ii) gross
operating maintenance costs (including insurance rates, governmental
fees, cost of fuel and labor costs), (iii) costs and availability of
financing (including effective rates of interest), (iv) over-all supply
of housing accommodations and over-all vacancy rates, (2) relevant data
from the current and projected cost of living indices for the affected
area, (3) such other data as may be made available to it. Not later than
July first of each year, the rent guidelines board shall file with the
city clerk its findings for the preceding calendar year, 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, authorized for leases or other rental agreements
commencing on the next succeeding October first or within the twelve
months thereafter. Such findings and statement shall be published in the
City Record. THE RENT GUIDELINES BOARD SHALL NOT ESTABLISH ANNUAL
GUIDELINES FOR RENT ADJUSTMENTS BASED ON THE CURRENT RENTAL COST OF A
UNIT OR ON THE AMOUNT OF TIME THAT HAS ELAPSED SINCE ANOTHER RENT
INCREASE WAS AUTHORIZED PURSUANT TO THIS TITLE.
S 3. This act shall take effect immediately; provided that the amend-
ments to section 4 of section 4 of chapter 576 of the laws of 1974,
constituting the emergency tenant protection act of nineteen seventy-
four, made by section one of this act, shall not affect the expiration
of such section and shall be deemed to expire therewith; and provided
further that the amendments to subdivision b of section 26-510 of the
administrative code of the city of New York made by section two of this
act, shall not affect the expiration of such subdivision and shall be
deemed to expire therewith.