S T A T E O F N E W Y O R K
________________________________________________________________________
1682
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. COLTON, DINOWITZ, ROBINSON, CYMBROWITZ, WRIGHT,
RIVERA -- Multi-Sponsored by -- M. of A. AUBRY, BRENNAN, CLARK, GLICK,
GOTTFRIED, HEASTIE, JACOBS, MILLMAN, ORTIZ -- read once and referred
to the Committee on Ways and Means
AN ACT to amend the tax law and the real property tax law, in relation
to eliminating rent regulation protection for certain high income
tenants and high rent housing accommodations; and to repeal certain
provisions of the emergency housing rent control law, the administra-
tive code of the city of New York, the emergency tenant protection act
of nineteen seventy-four and the tax law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (m) and (n) of subdivision 2 of section 2 of
chapter 274 of the laws of 1946, constituting the emergency housing rent
control law, are REPEALED.
S 2. Section 2-a of chapter 274 of the laws of 1946, constituting the
emergency housing rent control law, is REPEALED.
S 3. Subparagraphs (j) and (k) of paragraph 2 of subdivision e of
section 26-403 of the administrative code of the city of New York are
REPEALED.
S 4. Section 26-403.1 of the administrative code of the city of New
York is REPEALED.
S 5. Sections 26-504.1 and 26-504.2 of the administrative code of the
city of New York are REPEALED.
S 6. Section 26-504.3 of the administrative code of the city of New
York is REPEALED.
S 7. Paragraphs 12 and 13 of subdivision a of section 5 of section 4
of chapter 576 of the laws of 1974, constituting the emergency tenant
protection act of nineteen seventy-four, are REPEALED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03596-01-3
A. 1682 2
S 8. Section 5-a of section 4 of chapter 576 of the laws of 1974,
constituting the emergency tenant protection act of nineteen seventy-
four, is REPEALED.
S 9. Subdivision 3 of section 171-b of the tax law is REPEALED and
subdivision 7 of such section, as amended by chapter 170 of the laws of
1994, is amended to read as follows:
(7) The provisions of the state freedom of information act shall not
apply to any verification of income information obtained from a company,
the commissioner of housing and community renewal, the supervising agen-
cy, the corporation, or officer or employee thereof, an approved organ-
ization as defined in section two thousand five hundred ten of the
public health law or the commissioner of health pursuant to the
provisions of this section [nor shall the provisions of such act apply
to any verifications prepared or provided pursuant to subdivision three
and information provided pursuant to subdivision four of this section].
S 10. Subparagraph (i) of paragraph (f) of subdivision 2 of section
421-a of the real property tax law, as amended by chapter 253 of the
laws of 1993, is amended to read as follows:
(i) with respect to units subject to the provisions of this section on
the effective date of this subparagraph such a unit becomes vacant after
the expiration of such ten year period or applicable law or act;
provided, however, [that such units may be decontrolled pursuant to the
rent regulation reform act of 1993 and provided further that] the rent
shall not be decontrolled for a unit which the commissioner of housing
and community renewal or a court of competent jurisdiction finds became
vacant because the landlord or any person acting on his behalf engaged
in any course of conduct, including but not limited to, interruption or
discontinuance of essential 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 use or occupancy of such unit, and, that
upon such finding in addition to being subject to any other penalties or
remedies permitted by law, the landlord of such unit shall be barred
from collecting rent for such unit in excess of that charged to the
tenant who vacated such unit until restoration of possession of such
tenant, if the tenant so desires, in which case the rent of such tenant
shall be established as if such tenant had not vacated such unit, or
compliance with such other remedy, including, but not limited to, all
remedies provided for by the emergency tenant protection act of nineteen
seventy-four for rent overcharge or failure to comply with any order of
the commissioner of housing and community renewal, as shall be deter-
mined by the commissioner of housing and community renewal to be appro-
priate; provided, however, that if a tenant fails to accept any such
offer of restoration of possession, such unit shall return to rent
stabilization at the previously regulated rent; or
S 11. This act shall take effect immediately.