S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7373
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 25, 2017
                                ___________
 
 Introduced  by  M. of A. NIOU -- read once and referred to the Committee
   on Housing
 
 AN ACT to amend the administrative code of the city of New York and  the
   emergency  tenant protection act of nineteen seventy-four, in relation
   to the statute of limitations on notices of deregulation

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 26-504.2 of the administrative code of the city of
 New York is amended by adding a new subdivision c to read as follows:
   C.  NOTWITHSTANDING  SECTION  26-516  OF  THIS CHAPTER AND SECTION TWO
 HUNDRED THIRTEEN-A OF THE CIVIL PRACTICE  LAW  AND  RULES,  THE  PERIODS
 PROVIDED FOR THEREIN FOR EXAMINATION OF THE RENTAL HISTORY OF THE ACCOM-
 MODATION FOR THE DETERMINATION OF AN OVERCHARGE AND WHETHER THE ACCOMMO-
 DATION  IS  SUBJECT  TO THIS LAW ARE EXTENDED BY THE PERIOD DURING WHICH
 THE OWNER IS NOT IN COMPLIANCE WITH THE REQUIREMENTS OF SUBDIVISION B OF
 THIS SECTION.
   § 2. Paragraph 13 of subdivision a of section 5 of section 4 of  chap-
 ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
 protection act of nineteen seventy-four, as amended by section 8 of part
 A of chapter 20 of the laws of 2015, is amended to read as follows:
   (13) (I) any housing accommodation with a legal regulated rent of  two
 thousand  dollars  or  more  per month at any time between the effective
 date of this paragraph and October first, nineteen hundred  ninety-three
 which  is or becomes vacant on or after the effective date of this para-
 graph; or, for any housing accommodation with a legal regulated rent  of
 two  thousand  dollars  or  more  per  month at any time on or after the
 effective date of the rent regulation reform act of 1997 and before  the
 effective date of the rent act of 2011, which is or becomes vacant on or
 after  the  effective date of the rent regulation reform act of 1997 and
 before the effective date of the rent act of 2011. This exclusion  shall
 apply  regardless  of whether the next tenant in occupancy or any subse-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01119-01-7

 A. 7373                             2
 
 quent tenant in occupancy is charged or  pays  less  than  two  thousand
 dollars  a  month;  or, for any housing accommodation with a legal regu-
 lated rent of two thousand five hundred dollars or more per month at any
 time on or after the effective date of the rent act of 2011, which is or
 becomes  vacant on or after such effective date, but prior to the effec-
 tive date of the rent act of 2015; or, any housing accommodation with  a
 legal regulated rent that was two thousand seven hundred dollars or more
 per  month at any time on or after the effective date of the rent act of
 2015, which becomes vacant after the effective date of the rent  act  of
 2015,  provided, however, that starting on January 1, 2016, and annually
 thereafter, the maximum  legal  regulated  rent  for  this  deregulation
 threshold,  shall  also  be increased by the same percentage as the most
 recent one year renewal  adjustment,  adopted  by  the  applicable  rent
 guidelines  board.  An  exclusion pursuant to this paragraph shall apply
 regardless of whether the next tenant in  occupancy  or  any  subsequent
 tenant  in  occupancy actually is charged or pays less than two thousand
 seven hundred dollars a month.   Provided  however,  that  an  exclusion
 pursuant  to  this  paragraph  shall not apply to housing accommodations
 which became or become subject to this act (a) by  virtue  of  receiving
 tax  benefits  pursuant  to section [four hundred twenty-one-a] 421-A or
 [four hundred eighty-nine] 489 of the real property tax law,  except  as
 otherwise  provided  in subparagraph (i) of paragraph (f) of subdivision
 [two] 2 of section [four hundred twenty-one-a] 421-A of the real proper-
 ty tax law, or (b) by virtue of article [seven-C] 7-C  of  the  multiple
 dwelling  law.  This  paragraph  shall  not apply, however, to or become
 effective with respect to housing accommodations which the  commissioner
 determines or finds that the landlord or any person acting on his or her
 behalf,  with  intent  to cause the tenant to vacate, has 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 with or disturb the comfort, repose,  peace
 or  quiet  of  the  tenant in his or her use or occupancy of the housing
 accommodations and in connection with such course of conduct, any  other
 general enforcement provision of this act shall also apply.
   (II)  THE  OWNER  OF  ANY HOUSING ACCOMMODATION THAT IS NOT SUBJECT TO
 THIS ACT PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (I)  OF  THIS  PARA-
 GRAPH  OR  PARAGRAPH  (N) OF SUBDIVISION 2 OF SECTION 2 OF THE EMERGENCY
 HOUSING RENT CONTROL LAW SHALL GIVE WRITTEN  NOTICE  CERTIFIED  BY  SUCH
 OWNER TO THE FIRST TENANT OF THAT HOUSING ACCOMMODATION AFTER SUCH HOUS-
 ING  ACCOMMODATION BECOMES EXEMPT FROM THE PROVISIONS OF THIS ACT OR THE
 EMERGENCY HOUSING RENT CONTROL LAW. SUCH NOTICE SHALL CONTAIN:  THE LAST
 REGULATED RENT; THE  REASON  THAT  SUCH  HOUSING  ACCOMMODATION  IS  NOT
 SUBJECT  TO THIS ACT OR THE EMERGENCY HOUSING RENT CONTROL LAW; A CALCU-
 LATION OF HOW EITHER THE RENTAL AMOUNT CHARGED WHEN THERE IS NO LEASE OR
 THE RENTAL AMOUNT PROVIDED FOR IN THE LEASE HAS BEEN DERIVED  SO  AS  TO
 REACH  TWO THOUSAND DOLLARS OR MORE PER MONTH; A STATEMENT THAT THE LAST
 LEGAL REGULATED RENT OR THE MAXIMUM RENT MAY BE VERIFIED BY  THE  TENANT
 BY  CONTACTING  THE  STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, OR
 ANY SUCCESSOR THERETO; AND THE ADDRESS  AND  TELEPHONE  NUMBER  OF  SUCH
 AGENCY, OR ANY SUCCESSOR THERETO. SUCH NOTICE SHALL BE SENT BY CERTIFIED
 MAIL WITHIN THIRTY DAYS AFTER THE TENANCY COMMENCES OR AFTER THE SIGNING
 OF  THE LEASE BY BOTH PARTIES, WHICHEVER OCCURS FIRST OR SHALL BE DELIV-
 ERED TO THE TENANT AT THE SIGNING OF THE LEASE. IN ADDITION,  THE  OWNER
 SHALL  SEND  AND CERTIFY TO THE TENANT A COPY OF THE REGISTRATION STATE-
 MENT FOR SUCH HOUSING ACCOMMODATION FILED WITH  THE  STATE  DIVISION  OF
 HOUSING AND COMMUNITY RENEWAL INDICATING THAT SUCH HOUSING ACCOMMODATION

 A. 7373                             3
 
 BECAME  EXEMPT  FROM THE PROVISIONS OF THIS ACT OR THE EMERGENCY HOUSING
 RENT CONTROL LAW, WHICH FORM SHALL INCLUDE THE LAST REGULATED RENT,  AND
 SHALL  BE  SENT  TO  THE  TENANT  WITHIN  THIRTY  DAYS AFTER THE TENANCY
 COMMENCES OR THE FILING OF SUCH REGISTRATION, WHICHEVER OCCURS LATER.
   (III)  NOTWITHSTANDING SECTION TWELVE OF THIS ACT AND SECTION 213-A OF
 THE CIVIL PRACTICE LAW AND RULES TO THE CONTRARY, THE  PERIODS  PROVIDED
 FOR  THEREIN  FOR EXAMINATION OF THE RENTAL HISTORY OF THE ACCOMMODATION
 FOR THE DETERMINATION OF AN OVERCHARGE AND WHETHER THE ACCOMMODATION  IS
 SUBJECT TO THIS LAW ARE EXTENDED BY THE PERIOD DURING WHICH THE OWNER IS
 NOT  IN  COMPLIANCE WITH REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARA-
 GRAPH.
   § 3. This act shall take effect immediately provided that:
   (a) the amendment to section 26-504.2 of the rent stabilization law of
 nineteen hundred sixty-nine 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 under section 26-520 of such law;
   (b) the amendments to section 5 of section 4 of the  emergency  tenant
 protection  act of nineteen seventy-four made by section two 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
   (c) the provisions of this act shall apply to  housing  accommodations
 which became vacant on or after the effective date of this act.