Senate Bill S5603A

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

                                 5603--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 6, 2011
                               ___________

Introduced by Sens. ESPAILLAT, SQUADRON -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Housing,
  Construction and Community Development -- recommitted to the Committee
  on Housing, Construction and Community Development in accordance  with
  Senate  Rule  6, sec. 8 -- 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
living indices for the affected area, (3) such other data as may be made

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10708-03-2
              

S. 5603--A                          2

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.