The New York State Senate

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

                                   398

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A. ROSENTHAL, ORTIZ, MOSLEY, GOTTFRIED -- Multi-
  Sponsored by -- M. of A.   DAVILA -- 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 housing rent control law, in relation to  the  establishment
  of  rent adjustments; and repealing certain provisions of the adminis-
  trative code of the city of New York relating thereto

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

  Section  1.  Paragraph  5  of  subdivision  a of section 26-405 of the
administrative code of the city of  New  York  is  amended  to  read  as
follows:
  (5)  Where  a  maximum rent established pursuant to this chapter on or
after January first, nineteen hundred seventy-two, is  higher  than  the
previously  existing  maximum  rent,  the  landlord  may  not collect AN
INCREASE FROM A TENANT IN OCCUPANCY IN ANY ONE YEAR PERIOD OF more  than
THE  LESSER  OF  EITHER  seven  and  one-half percentum [increase from a
tenant in occupancy on such date in any one year period, provided howev-
er, that where] OR AN AVERAGE OF THE PREVIOUS  FIVE  YEARS  OF  ONE-YEAR
RENT  INCREASES ON RENT STABILIZED APARTMENTS AS ESTABLISHED BY THE RENT
GUIDELINES BOARD, PURSUANT TO SUBDIVISION B OF SECTION  26-510  OF  THIS
TITLE. IF the period for which the rent is established exceeds one year,
regardless  of  how the collection thereof is averaged over such period,
the rent the landlord shall be entitled  to  receive  during  the  first
twelve  months  shall not be increased by more than THE LESSER OF EITHER
seven and one-half percentum OR AN AVERAGE OF THE PREVIOUS FIVE YEARS OF
ONE-YEAR RENT INCREASES ON RENT STABILIZED APARTMENTS AS ESTABLISHED  BY
THE  RENT  GUIDELINES BOARD, PURSUANT TO SUBDIVISION B OF SECTION 26-510
OF THIS TITLE, over the previous rent [and]. ANY additional annual rents
shall not exceed THE LESSER OF EITHER seven and one-half percentum OR AN

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

                                                           LBD04218-01-5

A. 398                              2

AVERAGE OF THE PREVIOUS FIVE YEARS OF ONE-YEAR RENT  INCREASES  ON  RENT
STABILIZED  APARTMENTS  AS  ESTABLISHED  BY  THE  RENT GUIDELINES BOARD,
PURSUANT TO SUBDIVISION B OF SECTION 26-510 OF THIS TITLE, of  the  rent
paid  during  the  previous  year.  Notwithstanding any of the foregoing
limitations in this paragraph five, maximum rent shall be  increased  if
ordered by the agency pursuant to subparagraphs (d), (e), (f), (g), (h),
(i),  (k),  [(l),]  OR (m) [or (n)] of paragraph one of subdivision g of
this section. [Commencing January first, nineteen hundred  eighty,  rent
adjustments pursuant to subparagraph (n) of paragraph one of subdivision
g of this section shall be excluded from the maximum rent when computing
the  seven  and one-half percentum increase authorized by this paragraph
five.] Where a housing accommodation is vacant on January  first,  nine-
teen  hundred  seventy-two,  or  becomes  vacant thereafter by voluntary
surrender of possession by the tenants, the maximum rent established for
such accommodations may be collected.
  S 2. Subparagraphs (l) and (n) of paragraph  1  of  subdivision  g  of
section  26-405  of  the administrative code of the city of New York are
REPEALED.
  S 3. Section 4 of chapter 274 of the laws of  1946,  constituting  the
emergency  housing rent control law, is amended by adding a new subdivi-
sion 9 to read as follows:
  9. NO ANNUAL RENT INCREASE  AUTHORIZED  PURSUANT  TO  THIS  ACT  SHALL
EXCEED  THE AVERAGE OF THE PREVIOUS FIVE ANNUAL RENTAL INCREASES AUTHOR-
IZED BY A RENT GUIDELINES BOARD FOR A RENT STABILIZED UNIT  PURSUANT  TO
SECTION   4   OF   THE  EMERGENCY  TENANT  PROTECTION  ACT  OF  NINETEEN
SEVENTY-FOUR.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided  that  the  amendments  to  section
26-405  of  the  city rent and rehabilitation law made by section one 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 provided  that  the
amendments  to  section 4 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.