S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    741
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
   tee 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.  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06860-01-7

 A. 741                              2
 
 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.   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.