The New York State Senate

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

                                  6285

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              March 1, 2017
                               ___________

Introduced  by  M.  of  A.  CYMBROWITZ  -- 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 the regulation of rents

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

  Section 1. Subdivision (a-2) 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 11 of part A of chapter 20
of the laws of 2015, is amended to read as follows:
  (a-2) Provides that where the amount of rent charged to  and  paid  by
the  tenant is less than the legal regulated rent for the housing accom-
modation, the amount of rent for such housing accommodation which may be
charged [upon renewal or] upon vacancy thereof, may, at  the  option  of
the  owner,  be  based  upon such previously established legal regulated
rent, as adjusted by the most recent applicable guidelines increases and
other increases authorized by law; PROVIDED, HOWEVER, THAT SUCH  VACANCY
SHALL  NOT  BE  CAUSED  BY  THE  FAILURE OF THE OWNER OR AN AGENT OF THE
OWNER, TO MAINTAIN THE HOUSING  ACCOMMODATION  IN  COMPLIANCE  WITH  THE
WARRANTY  OF  HABITABILITY  SET  FORTH IN SUBDIVISION ONE OF SECTION TWO
HUNDRED THIRTY-FIVE-B OF THE REAL PROPERTY  LAW;  AND  FURTHER  PROVIDED
THAT  SUCH  INCREASE  TO THE PREVIOUSLY ESTABLISHED LEGAL REGULATED RENT
SHALL NOT EXCEED: FIVE PERCENT OF THE PREVIOUS LEGAL REGULATED  RENT  IF
THE LAST VACANCY LEASE COMMENCED LESS THAN TWO YEARS AGO; TEN PERCENT OF
THE  PREVIOUS  LEGAL  REGULATED RENT IF THE LAST VACANCY LEASE COMMENCED
LESS THAN THREE YEARS AGO; FIFTEEN PERCENT OF THE PREVIOUS  LEGAL  REGU-
LATED RENT IF THE LAST VACANCY LEASE COMMENCED LESS THAN FOUR YEARS AGO;
AND  TWENTY  PERCENT  OF  THE  PREVIOUS LEGAL REGULATED RENT IF THE LAST
VACANCY LEASE COMMENCED FOUR OR MORE YEARS AGO.  Such  housing  accommo-
dation  shall  be  excluded  from the provisions of this act pursuant to
paragraph thirteen of subdivision a of section five  of  this  act  when
subsequent  to  vacancy:  (i)  such legal regulated rent is two thousand
five hundred dollars per month, or more, for any  housing  accommodation

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06860-03-7

A. 6285                             2

that  is, or becomes, vacant after the effective date of the rent act of
2011 but prior to the effective date of the rent act  of  2015  or  (ii)
such  legal  regulated  rent  is  two thousand seven hundred dollars per
month or more for any housing accommodation that is or becomes vacant on
or after the rent act of 2015; starting on January 1, 2016, and annually
thereafter,  the  maximum  legal  regulated  rent  for this deregulation
threshold, shall also be increased by  the  same  percent  as  the  most
recent  one  year  renewal  adjustment,  adopted  by the applicable rent
guidelines board pursuant to the rent stabilization law.
  § 2. Paragraph 14 of subdivision c of section 26-511 of  the  adminis-
trative code of the city of New York, as amended by section 12 of part A
of chapter 20 of the laws of 2015, is amended to read as follows:
  (14) provides that where the amount of rent charged to and paid by the
tenant  is  less  than the legal regulated rent for the housing accommo-
dation, the amount of rent for such housing accommodation which  may  be
charged  [upon  renewal  or] upon vacancy thereof, may, at the option of
the owner, be based upon such  previously  established  legal  regulated
rent, as adjusted by the most recent applicable guidelines increases and
any  other  increases  authorized  by  law; PROVIDED, HOWEVER, THAT SUCH
VACANCY SHALL NOT BE CAUSED BY THE FAILURE OF THE OWNER OR AN  AGENT  OF
THE  OWNER, TO MAINTAIN THE HOUSING ACCOMMODATION IN COMPLIANCE WITH THE
WARRANTY OF HABITABILITY SET FORTH IN SUBDIVISION  ONE  OF  SECTION  TWO
HUNDRED  THIRTY-FIVE-B  OF  THE  REAL PROPERTY LAW; AND FURTHER PROVIDED
THAT SUCH INCREASE TO THE PREVIOUSLY ESTABLISHED  LEGAL  REGULATED  RENT
SHALL  NOT  EXCEED: FIVE PERCENT OF THE PREVIOUS LEGAL REGULATED RENT IF
THE LAST VACANCY LEASE COMMENCED LESS THAN TWO YEARS AGO; TEN PERCENT OF
THE PREVIOUS LEGAL REGULATED RENT IF THE LAST  VACANCY  LEASE  COMMENCED
LESS  THAN  THREE YEARS AGO; FIFTEEN PERCENT OF THE PREVIOUS LEGAL REGU-
LATED RENT IF THE LAST VACANCY LEASE COMMENCED LESS THAN FOUR YEARS AGO;
AND TWENTY PERCENT OF THE PREVIOUS LEGAL  REGULATED  RENT  IF  THE  LAST
VACANCY  LEASE  COMMENCED  FOUR OR MORE YEARS AGO. Such housing accommo-
dation shall be excluded from the provisions of this  code  pursuant  to
section  26-504.2  of this chapter when, subsequent to vacancy: (i) such
legal regulated rent prior to  vacancy  is  two  thousand  five  hundred
dollars  per  month,  or  more, for any housing accommodation that is or
becomes vacant after the effective date of the  rent  act  of  2011  but
prior  to  the effective date of the rent act of 2015 or (ii) such legal
regulated rent is two thousand seven hundred dollars per month or  more,
provided,  however that on January 1, 2016, and annually thereafter, the
maximum legal regulated rent for this deregulation  threshold  shall  be
adjusted  by  the  same  percentage  as the most recent one year renewal
adjustment as adjusted by the relevant rent guidelines  board,  for  any
housing accommodation that is or becomes vacant on or after the rent act
of 2015.
  §  3.  This act shall take effect immediately; provided, however, that
the amendments to section 10 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
such act as provided in section 17 of chapter 576 of the laws  of  1974;
and provided, further, that the amendments to section 26-511 of the rent
stabilization  law of nineteen hundred sixty-nine made by section two 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.