S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7339
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 24, 2017
                                ___________
 
 Introduced  by  M.  of  A.  FITZPATRICK -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the emergency housing rent control law, the local  emer-
   gency housing rent control act, the emergency tenant protection act of
   nineteen  seventy-four  and the administrative code of the city of New
   York, in relation to  the  de-regulation  of  rent-stabilized  housing
   accommodations upon vacancy
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Paragraph (i) of subdivision 2 of section 2 of chapter 274
 of the laws of 1946, constituting the  emergency  housing  rent  control
 law,  as  amended by chapter 576 of the laws of 1974, is amended to read
 as follows:
   (i) housing accommodations which  become  vacant  ON  AND  AFTER  JUNE
 SIXTEENTH, TWO THOUSAND EIGHTEEN, provided, however, that this exemption
 shall  not  apply or become effective where the commission determines or
 finds that the housing accommodations became vacant because the landlord
 or any person acting on his behalf, with intent to cause the  tenant  to
 vacate, engaged in any course of conduct (including, but not limited to,
 interruption  or  discontinuance of essential services) which interfered
 with or disturbed or was intended  to  interfere  with  or  disturb  the
 comfort, repose, peace or quiet of the tenant in his use or occupancy of
 the  housing accommodations; [and further provided that housing accommo-
 dations as to which a housing emergency has been  declared  pursuant  to
 the  emergency  tenant  protection act of nineteen seventy-four shall be
 subject to the provisions of such act for the duration of such  emergen-
 cy;] or
   §  2.  The second undesignated paragraph of subdivision 5 of section 1
 of chapter 21 of the laws of  1962,  constituting  the  local  emergency
 housing  rent control act, as amended by chapter 82 of the laws of 2003,
 is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11116-01-7

 A. 7339                             2
 
   Notwithstanding any local law  or  ordinance,  housing  accommodations
 which  [became]  BECOME  vacant  (A)  on  or  after July first, nineteen
 hundred seventy-one [or which hereafter become vacant], BUT BEFORE  JUNE
 SIXTEENTH,  TWO  THOUSAND EIGHTEEN shall be subject to the provisions of
 the emergency tenant protection act of nineteen seventy-four, AND (B) ON
 OR  AFTER  JUNE  SIXTEENTH,  TWO  THOUSAND EIGHTEEN SHALL BE EXEMPT FROM
 REGULATIONS AND CONTROL; provided, however, that [this provision]  THESE
 EXEMPTIONS  shall  not apply or become effective with respect to housing
 accommodations which, by local  law  or  ordinance,  are  made  directly
 subject to regulation and control by a city housing rent agency and such
 agency determines or finds that the housing accommodations became vacant
 because  the landlord or any person acting on his behalf, with intent to
 cause the tenant to vacate, engaged in any course of conduct  (including
 but   not  limited  to,  interruption  or  discontinuance  of  essential
 services) which interfered with or disturbed or was intended  to  inter-
 fere  with  or disturb the comfort, repose, peace or quiet of the tenant
 in his use or occupancy of the housing accommodations.  The  removal  of
 any  housing accommodation from regulation and control of rents pursuant
 to the vacancy [exemption] EXEMPTIONS provided  for  in  this  paragraph
 shall  not  constitute or operate as a ground for the subjection to more
 stringent regulation and control of any housing  accommodation  in  such
 property  or  in any other property owned by the same landlord, notwith-
 standing any prior agreement to the contrary by the landlord. The vacan-
 cy exemption provided for in SUBPARAGRAPH (A) OF  this  paragraph  shall
 not  arise  with  respect to any rented plot or parcel of land otherwise
 subject to the provisions of this act, by reason of a transfer of  title
 and possession occurring on or after July first, nineteen hundred seven-
 ty-one,  BUT BEFORE JUNE SIXTEENTH, TWO THOUSAND EIGHTEEN, of a dwelling
 located on such plot or parcel and owned by the tenant where such trans-
 fer of title and possession is made to a member of the tenant's  immedi-
 ate  family  provided  that  the member of the tenant's immediate family
 occupies the dwelling with the tenant prior to the transfer of title and
 possession for a continuous period of two years.
   § 3. Subdivision a of section 5 of section 4 of  chapter  576  of  the
 laws  of 1974, constituting the emergency tenant protection act of nine-
 teen seventy-four, is amended by adding a new paragraph 3-a to  read  as
 follows:
   (3-A)  HOUSING  ACCOMMODATIONS  WHICH  BECOME  VACANT ON OR AFTER JUNE
 SIXTEENTH, TWO THOUSAND EIGHTEEN, PROVIDED, HOWEVER, THAT THIS EXEMPTION
 SHALL NOT APPLY TO OR BECOME EFFECTIVE WITH RESPECT TO HOUSING  ACCOMMO-
 DATIONS WHICH THE COMMISSIONER DETERMINES OR FINDS BECAME VACANT BECAUSE
 THE  LANDLORD  OR ANY PERSON ACTING ON HIS OR HER BEHALF, WITH INTENT TO
 CAUSE THE TENANT TO VACATE, ENGAGED IN ANY COURSE OF CONDUCT (INCLUDING,
 BUT NOT LIMITED TO, INTERRUPTION OR DISCONTINUANCE OF REQUIRED SERVICES)
 WHICH INTERFERED WITH OR DISTURBED OR WAS INTENDED TO INTERFERE  IN  HIS
 OR HER USE OR OCCUPANCY OF THE HOUSING ACCOMMODATIONS;
   § 4. Section 26-504 of the administrative code of the city of New York
 is amended by adding a new subdivision d to read as follows:
   D.  NOTWITHSTANDING  ANY OF THE PROVISIONS OF THIS SECTION OR TITLE OR
 ANY OTHER PROVISIONS OF LAW, THIS LAW SHALL NOT  APPLY  TO  ANY  HOUSING
 ACCOMMODATION WHICH BECOMES VACANT ON OR AFTER JUNE SIXTEENTH, TWO THOU-
 SAND  EIGHTEEN PROVIDED, HOWEVER, THAT THIS EXEMPTION SHALL NOT APPLY TO
 OR BECOME EFFECTIVE WITH RESPECT TO  HOUSING  ACCOMMODATIONS  WHICH  THE
 COMMISSIONER  DETERMINES  OR FINDS BECAME VACANT BECAUSE THE LANDLORD OR
 ANY PERSON ACTING ON HIS OR HER BEHALF, WITH INTENT TO CAUSE THE  TENANT
 TO  VACATE,  ENGAGED IN ANY COURSE OF CONDUCT (INCLUDING BUT NOT LIMITED

 A. 7339                             3
 
 TO, INTERRUPTION OR DISCONTINUANCE OF REQUIRED SERVICES) WHICH INTERFER-
 ED WITH OR DISTURBED OR WAS INTENDED TO INTERFERE WITH  OR  DISTURB  THE
 COMFORT, REPOSE, PEACE OR QUIET OF THE TENANT IN HIS OR HER USE OR OCCU-
 PANCY OF THE HOUSING ACCOMMODATIONS.
   §  5.  This act shall take effect immediately; provided, however, that
 the amendments to the rent stabilization law of nineteen hundred  sixty-
 nine, made by section four 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 the administrative code of the city  of
 New  York;  and  provided  that  the  amendments to the emergency tenant
 protection act of nineteen seventy-four, made by section three  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, as amended; and provided that the amendments to
 the emergency housing rent control law, made by section one 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, as amended; and provided that the
 amendment to the local emergency  housing  rent  control  act,  made  by
 section  two  of this act, shall remain in full force and effect only so
 long as the public emergency requiring the  regulation  and  control  of
 residential  rents and evictions continues, as provided in subdivision 2
 of section 1 of chapter 21 of the laws of 1962, as amended.