S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5090
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by M. of A. ROSENTHAL, DINOWITZ, GLICK, GOTTFRIED, ABINANTI,
   COOK, COLTON, HOOPER, MOSLEY, FARRELL -- Multi-Sponsored by --  M.  of
   A. PERRY -- read once and referred to the Committee on Housing
 
 AN  ACT  to amend the emergency tenant protection act of nineteen seven-
   ty-four and the administrative code  of  the  city  of  New  York,  in
   relation to prohibiting a county rent guidelines board from establish-
   ing  rent  adjustments  for  class  A  dwelling units based on certain
   considerations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  opening  paragraph  of subdivision b of section 4 of
 section 4 of chapter 576 of the laws of 1974, constituting the emergency
 tenant protection act of nineteen seventy-four, as  amended  by  chapter
 403 of the laws of 1983, is amended to read as follows:
   A county rent guidelines board shall establish annually guidelines for
 rent adjustments which, at its sole discretion may be varied and differ-
 ent for and within the several zones and jurisdictions of the board, and
 in  determining  whether rents for housing accommodations as to which an
 emergency has been declared pursuant to  this  act  shall  be  adjusted,
 shall  consider  among  other  things  (1) the economic condition of the
 residential real estate industry in the  affected  area  including  such
 factors  as the prevailing and projected (i) real estate taxes and sewer
 and water rates,  (ii)  gross  operating  maintenance  costs  (including
 insurance rates, governmental fees, cost of fuel and labor costs), (iii)
 costs and availability of financing (including effective rates of inter-
 est), (iv) over-all supply of housing accommodations and over-all vacan-
 cy  rates,  (2)  relevant  data  from  the current and projected cost of
 living indices for the affected area, (3) such other data as may be made
 available to it. As soon as practicable after its creation and thereaft-
 er not later than July first of each year, a rent guidelines board shall
 file with the state division of housing and community renewal its  find-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05267-01-7

 A. 5090                             2
 
 ings  for the preceding calendar year, and shall accompany such findings
 with a statement of the maximum rate or rates  of  rent  adjustment,  if
 any,  for  one  or  more  classes  of accommodation subject to this act,
 authorized  for  leases or other rental agreements commencing during the
 next succeeding twelve months. The standards for rent adjustments may be
 applicable for the entire county or may  be  varied  according  to  such
 zones  or  jurisdictions within such county as the board finds necessary
 to achieve the purposes of this subdivision.  A COUNTY  RENT  GUIDELINES
 BOARD  SHALL  NOT ESTABLISH ANNUAL GUIDELINES FOR RENT ADJUSTMENTS BASED
 ON THE CURRENT RENTAL COST OF A UNIT OR ON THE AMOUNT OF TIME  THAT  HAS
 ELAPSED  SINCE  ANOTHER  RENT  INCREASE  WAS AUTHORIZED PURSUANT TO THIS
 CHAPTER.
   § 2.  Subdivision b of section 26-510 of the  administrative  code  of
 the city of New York is amended to read as follows:
   b.  The  rent guidelines board shall establish annually guidelines for
 rent adjustments, and in determining whether rents for housing  accommo-
 dations  subject  to  the  emergency  tenant  protection act of nineteen
 seventy-four or this law shall be adjusted shall consider,  among  other
 things  (1) the economic condition of the residential real estate indus-
 try in the affected area including such factors as  the  prevailing  and
 projected  (i)  real  estate taxes and sewer and water rates, (ii) gross
 operating maintenance costs  (including  insurance  rates,  governmental
 fees,  cost  of  fuel  and labor costs), (iii) costs and availability of
 financing (including effective rates of interest), (iv) over-all  supply
 of  housing accommodations and over-all vacancy rates, (2) relevant data
 from the current and projected cost of living indices for  the  affected
 area, (3) such other data as may be made available to it. Not later than
 July  first  of each year, the rent guidelines board shall file with the
 city clerk its findings for  the  preceding  calendar  year,  and  shall
 accompany such findings with a statement of the maximum rate or rates of
 rent  adjustment,  if  any,  for  one  or more classes of accommodations
 subject to this law, authorized for leases or  other  rental  agreements
 commencing  on  the  next  succeeding October first or within the twelve
 months thereafter. Such findings and statement shall be published in the
 City Record.   THE RENT GUIDELINES  BOARD  SHALL  NOT  ESTABLISH  ANNUAL
 GUIDELINES  FOR  RENT  ADJUSTMENTS BASED ON THE CURRENT RENTAL COST OF A
 UNIT OR ON THE AMOUNT OF  TIME  THAT  HAS  ELAPSED  SINCE  ANOTHER  RENT
 INCREASE WAS AUTHORIZED PURSUANT TO THIS TITLE.
   §  3. This act shall take effect immediately; provided that the amend-
 ments to section 4 of section 4 of chapter 576  of  the  laws  of  1974,
 constituting  the  emergency  tenant protection act of nineteen seventy-
 four, made by section one of this act, shall not affect  the  expiration
 of  such  section  and shall be deemed to expire therewith; and provided
 further that the amendments to subdivision b of section  26-510  of  the
 administrative  code of the city of New York made by section two of this
 act, shall not affect the expiration of such subdivision  and  shall  be
 deemed to expire therewith.