Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 19, 2016 |
print number 3557a |
May 19, 2016 |
amend (t) and recommit to housing, construction and community development |
Jan 06, 2016 |
referred to housing, construction and community development |
Feb 12, 2015 |
referred to housing, construction and community development |
Senate Bill S3557A
2015-2016 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2015-S3557 - Details
- See Assembly Version of this Bill:
- A1970
- Current Committee:
- Senate Housing, Construction And Community Development
- Law Section:
- Emergency Tenant Protection Act of 1974
- Laws Affected:
- Amd §6, Emerg Ten Prot Act of 1974; amd §4, Emerg Hous Rent Cont L; amd §§26-512 & 26-405, NYC Ad Cd;
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S7673, A9776
2017-2018: A2107
2015-S3557 - Sponsor Memo
BILL NUMBER:S3557 TITLE OF BILL: An act to amend chapter 576 of the laws of 1974 constituting the emergency tenant protection act of nineteen seventy-four and the administrative code of the city of New York, in relation to prohibiting the collection of rent arrearages accruing prior to the date of approval of an application for an adjustment in the legal regulated rent based upon a major capital improvement PURPOSE: This bill prohibits the temporary retroactive rent increase or surcharge prior to the approval of the MCI application for rent stabilized apartments. Under current law, landlords are entitled to collect a retroactive surcharge, which is the amount owed between the effective date and the collectable date of the DHCR order granting the MCI. If the application is approved, in addition to the increase becoming a part of the tenants' base rent, the landlord is entitled to collect the increase retroactively, between the "effective date" and "collectable date," in the form of a temporary surcharge. The rent increase (the surcharge and the base rent increase) cannot be collected from the tenants until the application is approved, so the surcharge is collected temporarily in addition to the increased base rent after the collectable date. This bill would bringing rent
2015-S3557 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3557 2015-2016 Regular Sessions I N S E N A T E February 12, 2015 ___________ Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend chapter 576 of the laws of 1974 constituting the emer- gency tenant protection act of nineteen seventy-four and the adminis- trative code of the city of New York, in relation to prohibiting the collection of rent arrearages accruing prior to the date of approval of an application for an adjustment in the legal regulated rent based upon a major capital improvement THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 6 of section 4 of chapter 576 of the laws of 1974 constituting the emergency tenant protection act of nineteen seventy- four is amended by adding a new subdivision h to read as follows: H. NOTWITHSTANDING ANY PROVISION OF LAW OR RULE OR REGULATION TO THE CONTRARY, ANY ADJUSTMENT IN THE LEGAL REGULATED RENT BASED UPON A MAJOR CAPITAL IMPROVEMENT SHALL BE EFFECTIVE UPON APPROVAL OF THE APPLICATION THEREFOR. NO INCREASE MAY BE COLLECTED FOR THE PERIOD OF TIME PRIOR TO THE DATE OF APPROVAL OF THE APPLICATION. S 2. Section 26-512 of the administrative code of the city of New York is amended by adding a new subdivision g to read as follows: G. NOTWITHSTANDING ANY PROVISION OF LAW OR RULE OR REGULATION TO THE CONTRARY, ANY ADJUSTMENT IN THE LEGAL REGULATED RENT BASED UPON A MAJOR CAPITAL IMPROVEMENT SHALL BE EFFECTIVE UPON APPROVAL OF THE APPLICATION THEREFOR. NO INCREASE MAY BE COLLECTED FOR THE PERIOD OF TIME PRIOR TO THE DATE OF APPROVAL OF THE APPLICATION. S 3. This act shall take effect immediately; provided that: a. the amendments to section 4 of the emergency tenant protection act of nineteen seventy-four made by section one of this act shall expire on the same date as such act expires and shall not affect the expiration of EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00298-01-5
2015-S3557A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A1970
- Current Committee:
- Senate Housing, Construction And Community Development
- Law Section:
- Emergency Tenant Protection Act of 1974
- Laws Affected:
- Amd §6, Emerg Ten Prot Act of 1974; amd §4, Emerg Hous Rent Cont L; amd §§26-512 & 26-405, NYC Ad Cd;
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S7673, A9776
2017-2018: A2107
2015-S3557A (ACTIVE) - Sponsor Memo
BILL NUMBER: S3557A TITLE OF BILL : An act to amend chapter 576 of the laws of 1974 constituting the emergency tenant protection act of nineteen seventy-four, the administrative code of the city of New York and the emergency housing rent control law, in relation to prohibiting the collection of rent arrearages accruing prior to the date of approval of an application for an adjustment in the legal regulated rent based upon a major capital improvement PURPOSE OR GENERAL IDEA OF BILL : This bill creates consistency between New York City and the ETPA counties (Westchester, Rockland, and Nassau) by capping MCI costs at six percent of the legal regulated rent SUMMARY OF SPECIFIC PROVISIONS : Section 1 amends paragraph 3 of subdivision d of section 6 of section 4 of chapter 576 of the laws of 1974, the emergency tenant protection act of 1974, as amended by section 30 of part A of chapter 20 of the laws of 2015, to ensure the collectible increase in rent to amortize the cost of the major capital improvement shall not exceed six percent in any year from the effective date of the order granting the increase
2015-S3557A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3557--A 2015-2016 Regular Sessions I N S E N A T E February 12, 2015 ___________ Introduced by Sen. ESPAILLAT -- read twice and ordered printed, 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 chapter 576 of the laws of 1974 constituting the emer- gency tenant protection act of nineteen seventy-four, the administra- tive code of the city of New York and the emergency housing rent control law, in relation to prohibiting the collection of rent arrear- ages accruing prior to the date of approval of an application for an adjustment in the legal regulated rent based upon a major capital improvement THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 6 of section 4 of chapter 576 of the laws of 1974 constituting the emergency tenant protection act of nineteen seventy- four is amended by adding a new subdivision h to read as follows: H. NOTWITHSTANDING ANY PROVISION OF LAW OR RULE OR REGULATION TO THE CONTRARY, ANY ADJUSTMENT IN THE LEGAL REGULATED RENT BASED UPON A MAJOR CAPITAL IMPROVEMENT SHALL BE EFFECTIVE UPON APPROVAL OF THE APPLICATION THEREFOR. NO INCREASE MAY BE COLLECTED FOR THE PERIOD OF TIME PRIOR TO THE DATE OF APPROVAL OF THE APPLICATION. S 2. Section 26-512 of the administrative code of the city of New York is amended by adding a new subdivision g to read as follows: G. NOTWITHSTANDING ANY PROVISION OF LAW OR RULE OR REGULATION TO THE CONTRARY, ANY ADJUSTMENT IN THE LEGAL REGULATED RENT BASED UPON A MAJOR CAPITAL IMPROVEMENT SHALL BE EFFECTIVE UPON APPROVAL OF THE APPLICATION THEREFOR. NO INCREASE MAY BE COLLECTED FOR THE PERIOD OF TIME PRIOR TO THE DATE OF APPROVAL OF THE APPLICATION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00298-10-6
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