S T A T E O F N E W Y O R K
________________________________________________________________________
5567
2015-2016 Regular Sessions
I N A S S E M B L Y
February 27, 2015
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Introduced by M. of A. KAVANAGH, ORTIZ, MOSLEY, DAVILA, PICHARDO -- read
once and referred to the Committee on Housing
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 rent control act,
in relation to rent increases after vacancy of a housing accommo-
dation; and to repeal certain provisions of the administrative code of
the city of New York and the emergency tenant protection act of nine-
teen seventy-four relating thereto
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administrative code of the city of New York is REPEALED.
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nineteen seventy-four is REPEALED.
S 3. 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 shall be increased by a sum equal to the allowance then in effect
for vacancy leases[, including 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03255-01-5
A. 5567 2
of new equipment or improvements or new furniture or furnishings
provided in or to the housing accommodation pursuant to section 26-511
of this law and shall be applicable in like manner to each second subse-
quent succession.
S 4. Subdivision g of section 6 of section 4 of chapter 576 of the
laws of 1974, constituting the emergency tenant protection act of nine-
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 shall be increased by a sum equal to the allowance then in effect
for vacancy leases[, including 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 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 [six of this act] and
shall be applicable in like manner to each second subsequent succession.
S 5. 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 shall be increased by a sum equal to the allow-
ance 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 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 applicable in like manner to each second
subsequent succession.
S 6. 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 shall be increased by a sum equal to the allowance then in
A. 5567 3
effect for vacancy leases for housing accommodations covered by the rent
stabilization 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
for 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 26-405 of this law and
shall be applicable in like manner to each second subsequent succession.
S 7. The sixth undesignated paragraph of subdivision 5 of section 1 of
chapter 21 of the laws of 1962, constituting the local emergency 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
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 (5-a) of subdivision 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 subse-
quent succession.
S 8. This act shall take effect immediately; provided that:
(a) the amendments to section 26-512 of chapter 4 of title 26 of the
administrative code of the city of New York 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 under section 26-520 of
such law; and
(b) the amendments to section 6 of the emergency tenant protection act
of nineteen seventy-four made by section four 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; and
(c) the amendments to section 5 of the emergency housing rent control
law made by section five 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; and
(d) the amendments to section 26-403.2 of the city rent and rehabili-
tation law made by section six 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 subdivision 5 of section 1 of the local emergen-
cy housing rent control act, made by section seven of this act, shall
not affect the effectiveness of such subdivision and shall cease to be
in full force and effect pursuant to subdivision 3 of section 1 of such
act.