Senate Bill S5046

2011-2012 Legislative Session

Authorizes rent increase for rent regulated housing accommodation when family member of prior tenant executes a renewal lease for the same housing accommodation

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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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to housing, construction and community development
May 03, 2011	referred to housing, construction and community development

2011-S5046 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§26-512 & 26-403.2, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974; amd §5, Emerg Hous Rent Cont L; amd §1, Chap 21 of 1962

2011-S5046 (ACTIVE) - Summary

Authorizes a rent increase for a rent regulated housing accommodation when a family member of the prior tenant executes a renewal lease for the same housing accommodation.

2011-S5046 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5046

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, the emergency housing
rent control law and the local emergency housing rent control act, in
relation to rent increases upon succession

PURPOSE:
This bill would allow property owners of rent regulated properties, in
instances where a family member has succeeded to the prior tenant's
tenancy, to obtain vacancy increases and other increases which would
have been authorized had the succeeding tenant not been a family member.

SUMMARY OF PROVISIONS:
This bill amends the emergency housing rent control law, the emergency
tenant protection act of 1974 and the administrative code of the city of
New York to authorize property owners to treat instances where family
members succeed to the tenancy of a rent regulated apartment upon the
permanent departure of the initial tenant as a vacancy for the purposes
of rent increases. This bill amends the provisions of the Rent
Regulation Reform Act which permits these increases upon the second, as
opposed to the initial, succession.

JUSTIFICATION:

In every rental situation outside of rent control and rent
stabilization, a property owner who enters into a lease with the person
named in the lease knows that the lease obligations terminate with the
death or departure of the tenant and that no other persons have any
rights to continue in occupancy. Family members or others who seek to
remain in occupancy may do subject to the consent of the property owner
and are subject to any and all rent increases and other lease terms as
may be agreed upon between them.

The rules under rent regulation are different. Persons who qualify as
family members of the named tenant are, assuming they meet various legal
qualifications, entitled to succeed to a tenancy and are insulated from
the vacancy and other lease increases to which any other new tenant
would be subject, and to which a property owner would ordinarily be
entitled, if such persons were not family members. Under current law,
those persons who succeed to the tenancy of the lessee family member are
subject only to the same renewal lease increases that the family member
would have been charged. In those instances, property owners are
deprived of the vacancy and other increases they would otherwise receive
if succession did not occur.

This bill does not affect the rights of persons to continue to succeed
to the apartments that were previously occupied the rent regulated
family members. Those rights continue unchanged. This bill does,
however, allow property owners to obtain the vacancy and other lease
increases they would have obtained had the family members not succeeded
to the apartment.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None.


EFFECTIVE DATE:
This act shall take effect immediately.

2011-S5046 (ACTIVE) - Bill Text download pdf

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

                                  5046

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- 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, the emergen-
  cy housing rent control law  and  the  local  emergency  housing  rent
  control act, in relation to rent increases upon succession

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

  Section 1. Subdivision f of section 26-512 of the administrative  code
of the city of New York, as added by chapter 116 of the laws of 1997, is
amended to read as follows:
  f.  Notwithstanding  any  provision of this law to the contrary in the
case where all tenants named in a lease have permanently vacated a hous-
ing accommodation and a family member of such tenant or tenants is enti-
tled to and executes a renewal lease for the housing  accommodation  [if
such accommodation continues to be subject to this law after such family
member  vacates,  on the occurrence of such vacancy] the legal regulated
rent OF SUCH FAMILY MEMBER FOR SUCH RENEWAL LEASE shall be increased  by
a  sum equal to the allowance then in effect for vacancy leases, includ-
ing the amount allowed by paragraph (five-a) of subdivision c of section
26-511 of this law. Such increase shall be  in  addition  to  any  other
increases  provided for in this law 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 improve-
ments  or  new  furniture  or  furnishings provided in or to the housing
accommodation pursuant to section 26-511 of this law and shall be appli-
cable in like manner to each [second] subsequent succession.
  S 2. Subdivision g of section 6 of section 4 of  chapter  576  of  the
laws  of 1974, constituting the emergency tenant protection act of nine-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10106-01-1

S. 5046                             2

teen seventy-four, as added by chapter 116  of  the  laws  of  1997,  is
amended to read as follows:
  g.  Notwithstanding  any  provision of this act to the contrary in the
case where all tenants named in a lease have permanently vacated a hous-
ing accommodation and a family member of such tenant or tenants is enti-
tled to and executes a renewal lease for the housing  accommodation  [if
such accommodation continues to be subject to this act after such family
member  vacates,  on the occurrence of such vacancy] the legal regulated
rent OF SUCH FAMILY MEMBER FOR SUCH RENEWAL LEASE shall be increased  by
a  sum equal to the allowance then in effect for vacancy leases, includ-
ing the amount allowed by subdivision (a-1) of section ten of this  act.
Such  increase  shall be in addition to any other increases provided for
in this act including an adjustment based upon a major capital  improve-
ment,  or  a  substantial  modification or increase of dwelling space or
services, or installation of new equipment or improvements or new furni-
ture or furnishings provided in or to the housing accommodation,  pursu-
ant to section six of this act and shall be applicable in like manner to
each [second] subsequent succession.
  S  3.  Subdivision  9 of section 5 of chapter 274 of the laws of 1946,
constituting the emergency housing rent control law, as added by chapter
116 of the laws of 1997, is amended to read as follows:
  9. Notwithstanding any provision of this law to the  contrary  in  the
case where all tenants occupying the housing accommodation on the effec-
tive date of this subdivision have vacated the housing accommodation and
a  family  member  of such vacating tenant or tenants is entitled to and
continues to occupy the housing accommodation subject to the protections
of this law, if such accommodation continues to be subject to  this  law
after  such family member vacates, on the occurrence of such vacancy the
maximum collectable rent OF SUCH FAMILY MEMBER OF SUCH TENANT OR TENANTS
shall be increased by a sum equal to the allowance then  in  effect  for
vacancy leases for housing accommodations covered by the rent stabiliza-
tion law of nineteen hundred sixty-nine, including the amount allowed by
paragraph  five-a  of  subdivision c of section 26-511 of such law. This
increase shall be in addition to any other increases  provided  in  this
law including an adjustment based upon a major capital improvement, or a
substantial  increase  or  decrease in dwelling space or a change in the
services, furniture, furnishings or equipment provided  in  the  housing
accommodation,  pursuant to section four of this law and shall be appli-
cable in like manner to each [second] subsequent succession.
  S 4. Section 26-403.2 of the administrative code of the  city  of  New
York, as added by chapter 116 of the laws of 1997, is amended to read as
follows:
  S  26-403.2  Increase in maximum collectable rent. Notwithstanding any
provision of this law to the contrary in  the  case  where  all  tenants
occupying  the  housing  accommodation  on  the  effective  date of this
section have vacated the housing accommodation and a  family  member  of
such  vacating  tenant or tenants is entitled to and continues to occupy
the housing accommodation subject to the protections  of  this  law,  if
such accommodation continues to be subject to this law after such family
member  vacates, on the occurrence of such vacancy the maximum collecta-
ble rent OF SUCH FAMILY MEMBER  OF  SUCH  TENANT  OR  TENANTS  shall  be
increased  by  a  sum  equal to the allowance then in effect for vacancy
leases for housing accommodations covered by the rent stabilization  law
of  nineteen  hundred  sixty-nine, including the amount allowed by para-
graph five-a of subdivision c  of  section  26-511  of  such  law.  This
increase  shall  be  in  addition to any other increases provided for in

S. 5046                             3

this law including an adjustment based upon a major capital improvement,
or a substantial increase or decrease in dwelling space or a  change  in
the  services, furniture, furnishings or equipment provided in the hous-
ing  accommodation,  pursuant to section 26-405 of this law and shall be
applicable in like manner to each [second] subsequent succession.
  S 5. The sixth undesignated paragraph of subdivision 5 of section 1 of
chapter 21 of the laws of 1962, constituting the local emergency housing
rent control act, as amended by chapter 82  of  the  laws  of  2003,  is
amended to read as follows:
  Notwithstanding  any  provision of this act to the contrary, any local
law adopted pursuant to this act shall provide that notwithstanding  any
provision  of such local law in the case where all tenants occupying the
housing accommodation on the  effective  date  of  this  paragraph  have
vacated  the  housing accommodation and a family member of such vacating
tenant or tenants is entitled to and continues  to  occupy  the  housing
accommodation  subject  to the protections of such act, if such accommo-
dation continues to be subject to such  act  after  such  family  member
vacates,  on the occurrence of such vacancy the maximum collectable rent
OF SUCH FAMILY MEMBER OF SUCH TENANT OR TENANTS shall be increased by  a
sum equal to the allowance then in effect for vacancy leases for housing
accommodations covered by the rent stabilization law of nineteen hundred
sixty-nine,  including the amount allowed by paragraph (5-a) of subdivi-
sion c of section 26-511 of such law. This increase shall be in addition
to any other increases provided for in this act and shall be  applicable
in like manner to each [second] subsequent succession.
  S 6. This act shall take effect immediately, provided that:
  (a)  the amendments to subdivision f of section 26-512 of chapter 4 of
title 26 of the administrative code of the city of  New  York,  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;
  (b) the amendments to section 6 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;
  (c)  the amendments to section 5 of the emergency housing rent control
law made by section three 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;
  (d)  the amendments to section 26-403.2 of the city rent and rehabili-
tation law made by section four 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
  (e) the amendments to the sixth undesignated paragraph of  subdivision
5  of section 1 of the local emergency housing rent control act, made by
section five of this act, shall not affect  the  effectiveness  of  such
undesignated  paragraph  and  shall cease to be in full force and effect
pursuant to subdivision 3 of section 1 of such act.

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Senate Bill S5046

Sponsored By

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

Actions

2011-S5046 (ACTIVE) - Details

2011-S5046 (ACTIVE) - Summary

2011-S5046 (ACTIVE) - Sponsor Memo

2011-S5046 (ACTIVE) - Bill Text download pdf

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Sponsored By

Catharine Young

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

Actions

2011-S5046 (ACTIVE) - Details

2011-S5046 (ACTIVE) - Summary

2011-S5046 (ACTIVE) - Sponsor Memo

2011-S5046 (ACTIVE) - Bill Text download pdf

Comments