S T A T E O F N E W Y O R K
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5178
2013-2014 Regular Sessions
I N A S S E M B L Y
February 20, 2013
___________
Introduced by M. of A. WRIGHT -- 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 limiting rent increase after vacancy of a housing accommodation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 5-a of subdivision c of section 26-511 of the
administrative code of the city of New York, as amended by section 7 of
part B of chapter 97 of the laws of 2011, is amended to read as follows:
(5-a) provides that, notwithstanding any provision of this chapter,
the legal regulated rent for any vacancy lease entered into after the
effective date of this paragraph shall be as hereinafter provided in
this paragraph. The previous legal regulated rent for such housing
accommodation shall be increased by the following: (i) if the vacancy
lease is for a term of two years, [twenty] SEVEN AND ONE-HALF percent of
the previous legal regulated rent; or (ii) if the vacancy lease is for a
term of one year the increase shall be [twenty] SEVEN AND ONE-HALF
percent of the previous legal regulated rent less an amount equal to the
difference between (a) the two year renewal lease guideline promulgated
by the guidelines board of the city of New York applied to the previous
legal regulated rent and (b) the one year renewal lease guideline
promulgated by the guidelines board of the city of New York applied to
the previous legal regulated rent. In addition, if the legal regulated
rent was not increased with respect to such housing accommodation by a
permanent vacancy allowance within eight years prior to a vacancy lease
executed on or after the effective date of this paragraph, the legal
regulated rent may be further increased by an amount equal to the prod-
uct resulting from multiplying such previous legal regulated rent by
six-tenths of one percent and further multiplying the amount of rent
increase resulting therefrom by the greater of (A) the number of years
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09196-01-3
A. 5178 2
since the imposition of the last permanent vacancy allowance, or (B) if
the rent was not increased by a permanent vacancy allowance since the
housing accommodation became subject to this chapter, the number of
years that such housing accommodation has been subject to this chapter.
Provided that if the previous legal regulated rent was less than three
hundred dollars the total increase shall be as calculated above plus one
hundred dollars per month. Provided, further, that if the previous legal
regulated rent was at least three hundred dollars and no more than five
hundred dollars in no event shall the total increase pursuant to this
paragraph be less than one hundred dollars per month. Such increase
shall be in lieu of any allowance authorized for the one or two year
renewal component thereof, but shall be in addition to any other
increases authorized pursuant to this chapter 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 improvements or new furniture or furnishings provided in or to the
housing accommodation pursuant to this section. The increase authorized
in this paragraph may not be implemented more than one time in any
calendar year, notwithstanding the number of vacancy leases entered into
in such year.
S 2. Subdivision (a-1) of section 10 of section 4 of chapter 576 of
the laws of 1974, constituting the emergency tenant protection act of
nineteen seventy-four, as amended by section 8 of part B of chapter 97
of the laws of 2011, is amended to read as follows:
(a-1) provides that, notwithstanding any provision of this act, the
legal regulated rent for any vacancy lease entered into after the effec-
tive date of this subdivision shall be as hereinafter set forth. The
previous legal regulated rent for such housing accommodation shall be
increased by the following: (i) if the vacancy lease is for a term of
two years, [twenty] SEVEN AND ONE-HALF percent of the previous legal
regulated rent; or (ii) if the vacancy lease is for a term of one year
the increase shall be [twenty] SEVEN AND ONE-HALF percent of the previ-
ous legal regulated rent less an amount equal to the difference between
(a) the two year renewal lease guideline promulgated by the guidelines
board of the county in which the housing accommodation is located
applied to the previous legal regulated rent and (b) the one year
renewal lease guideline promulgated by the guidelines board of the coun-
ty in which the housing accommodation is located applied to the previous
legal regulated rent. In addition, if the legal regulated rent was not
increased with respect to such housing accommodation by a permanent
vacancy allowance within eight years prior to a vacancy lease executed
on or after the effective date of this subdivision, the legal regulated
rent may be further increased by an amount equal to the product result-
ing from multiplying such previous legal regulated rent by six-tenths of
one percent and further multiplying the amount of rent increase result-
ing therefrom by the greater of (A) the number of years since the impo-
sition of the last permanent vacancy allowance, or (B) if the rent was
not increased by a permanent vacancy allowance since the housing accom-
modation became subject to this act, the number of years that such hous-
ing accommodation has been subject to this act. Provided that if the
previous legal regulated rent was less than three hundred dollars the
total increase shall be as calculated above plus one hundred dollars per
month. Provided, further, that if the previous legal regulated rent was
at least three hundred dollars and no more than five hundred dollars in
no event shall the total increase pursuant to this subdivision be less
than one hundred dollars per month. Such increase shall be in lieu of
A. 5178 3
any allowance authorized for the one or two year renewal component ther-
eof, but shall be in addition to any other increases authorized pursuant
to 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 pursuant
to section six of this act. The increase authorized in this subdivision
may not be implemented more than one time in any calendar year, notwith-
standing the number of vacancy leases entered into in such year.
S 3. This act shall take effect immediately; provided that the amend-
ments to section 26-511 of the rent stabilization law of nineteen
hundred sixty-nine 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; and provided,
further, that the amendments to section 4 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.