NY State Senate Bill 2017-S3107

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to housing, construction and community development
Jan 19, 2017	referred to housing, construction and community development

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2017-S3107 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-511, NYC Ad Cd; amd §10, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6084
2011-2012: S2341
2013-2014: S1024
2015-2016: S1178
2019-2020: S3572

2017-S3107 (ACTIVE) - Summary

Limits the amount of rent increase after the vacancy of a housing accommodation.

2017-S3107 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3107

 TITLE OF BILL :  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 limiting rent increase after vacancy of a
housing accommodation

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to expand tenant protections by reducing
the percentage by which rent may be increased upon vacancy.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill would decrease from twenty percent to ten percent the amount
a landlord could increase rent upon vacancy and also prohibit a
landlord from taking more than one increase in anyone calendar year.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :

This bill would amend paragraph 5-a of subdivision c of section 26-511
of the administrative code of the city of New York, and subdivision
(a-1) of section 10 of section 4 of chapter 576 of constituting the
emergency tenant protection act of four.the laws of 1974, nineteen
seventy four.

 JUSTIFICATION :

There continues to be an ongoing housing emergency in many areas of
New York State, and especially in New York City.  According to the
Rent Guidelines Board report "Housing NYC: Rents, Markets and Trends
2000", while New York City experienced a net gain of total units from
1996-1999, the number of rental units declined.  In fact, the report
states that vacant available rentals fell by almost 17,000 units, or
20.7%, over the last three years, lowering the vacancy rate from 4.01%
in 1996 to 3.19% in 1999. Limiting the amount by which rent may be
increased upon vacancy will help keep units in the rent regulation
system and thus preserve these units in the affordable housing stock.

 PRIOR LEGISLATIVE HISTORY :

2005-06: A.4213;
2003-04: A.10846;
2007-08: A.2894;
2009-10: S.6084-Senate & Assembly Referred to Housing
2011-12: S.2341- Referred to Housing, Construction and Community
Development
2013-14: S.1024- Referred to Housing, Construction and Community
Development
2015-2016: S.1178- Referred to Housing, Construction and Community
Development

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None to the State.

 EFFECTIVE DATE :
Immediately, with provisions.

2017-S3107 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3107
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2017
                                ___________
 
 Introduced  by Sens. SERRANO, AVELLA, HAMILTON, HOYLMAN, KRUEGER, PERAL-
   TA, SAVINO -- read twice and ordered printed, and when printed  to  be
   committed  to  the  Committee  on  Housing, Construction and Community
   Development
 
 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 limiting rent increase after vacancy of a housing accommodation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  5-a  of subdivision c of section 26-511 of the
 administrative code of the city of New York, as amended by section  16-a
 of  part  A  of  chapter  20  of the laws of 2015, is amended to read as
 follows:
   (5-a) provides that, notwithstanding any provision  of  this  chapter,
 the  legal  regulated  rent for any vacancy lease entered into after the
 effective date of this paragraph shall be  as  hereinafter  provided  in
 this  paragraph.  The  previous  legal  regulated  rent for such housing
 accommodation shall be increased by the following: (i)  if  the  vacancy
 lease  is  for a term of two years, [twenty] TEN percent of the previous
 legal regulated rent; or (ii) if the vacancy lease is for a term of  one
 year  the  increase  shall be [twenty] TEN percent of the previous legal
 regulated rent less an amount equal to the difference  between  (a)  the
 two  year renewal lease guideline promulgated by the guidelines board of
 the city of New York applied to the previous legal  regulated  rent  and
 (b)  the  one year renewal lease guideline promulgated by the guidelines
 board of the city of New York applied to the  previous  legal  regulated
 rent.  However,  where  the  amount charged and paid by the prior tenant
 pursuant to paragraph fourteen of this subdivision, was  less  than  the
 legal  regulated  rent,  such increase to the 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01120-01-7

 S. 3107                             2
 
 previous  legal  regulated rent if the last vacancy lease commenced less
 than three years ago; fifteen percent of the  previous  legal  regulated
 rent if the last vacancy lease commenced less than four years ago; twen-
 ty  percent  of  the  previous  legal regulated rent if the last vacancy
 lease commenced four or more years ago. In addition, if the legal  regu-
 lated  rent was not increased with respect to such housing accommodation
 by a permanent vacancy allowance within eight years prior to  a  vacancy
 lease  executed  on  or  after the effective date of this paragraph, the
 legal regulated rent may be further increased by an amount equal to  the
 product resulting from multiplying such previous legal regulated rent by
 six-tenths  of  one  percent  and further multiplying the amount of rent
 increase resulting therefrom by the greater of (A) the number  of  years
 since  the imposition of the last permanent vacancy allowance, or (B) if
 the rent was not increased by a permanent vacancy  allowance  since  the
 housing  accommodation  became  subject  to  this chapter, the number of
 years that such housing accommodation has been subject to this  chapter.
 Provided  that  if the previous legal regulated rent was less than three
 hundred dollars the total increase shall be as calculated above plus one
 hundred dollars per month. Provided, further, that if the previous legal
 regulated rent was at least three hundred dollars and no more than  five
 hundred  dollars  in  no event shall the total increase pursuant to this
 paragraph be less than one hundred  dollars  per  month.  Such  increase
 shall  be  in  lieu  of any allowance authorized for the one or two year
 renewal component thereof,  but  shall  be  in  addition  to  any  other
 increases  authorized  pursuant  to this chapter including an adjustment
 based upon a major capital improvement, or a substantial modification or
 increase of dwelling space or services, or installation of new equipment
 or improvements or new furniture or furnishings provided in  or  to  the
 housing  accommodation pursuant to this section. The increase authorized
 in this paragraph may not be implemented  more  than  one  time  in  any
 calendar year, notwithstanding the number of vacancy leases entered into
 in such year.
   §  2.  Subdivision  (a-1) 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 16-b of part A of chapter
 20 of the laws of 2015, is amended to read as follows:
   (a-1) provides that, notwithstanding any provision of  this  act,  the
 legal regulated rent for any vacancy lease entered into after the effec-
 tive  date  of  this subdivision shall be as hereinafter set forth.  The
 previous legal regulated rent for such housing  accommodation  shall  be
 increased  by  the  following: (i) if the vacancy lease is for a term of
 two years, [twenty] TEN percent of the previous legal regulated rent; or
 (ii) if the vacancy lease is for a term of one year the  increase  shall
 be  [twenty]  TEN  percent  of the previous legal regulated rent less an
 amount equal to the difference between (a) the two  year  renewal  lease
 guideline promulgated by the guidelines board of the county in which the
 housing accommodation is located applied to the previous legal regulated
 rent  and  (b)  the  one year renewal lease guideline promulgated by the
 guidelines board of the county in which  the  housing  accommodation  is
 located applied to the previous legal regulated rent. However, where the
 amount  charged and paid by the prior tenant pursuant to paragraph four-
 teen of this subdivision, was less than the legal regulated  rent,  such
 increase  to  the 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 commenced less than three  years  ago;  fifteen

 S. 3107                             3
 
 percent  of  the previous legal regulated rent if the last vacancy lease
 commenced less than four years ago; twenty percent of the previous legal
 regulated rent if the last vacancy lease commenced four  or  more  years
 ago.  In  addition,  if  the legal regulated rent was not increased with
 respect to such housing accommodation by a permanent  vacancy  allowance
 within  eight  years  prior  to a vacancy lease executed on or after the
 effective date of this subdivision, the  legal  regulated  rent  may  be
 further  increased  by  an  amount  equal  to the product resulting from
 multiplying such previous legal regulated  rent  by  six-tenths  of  one
 percent  and  further  multiplying the amount of rent increase resulting
 therefrom by the greater of (A) the number of years since the imposition
 of the last permanent vacancy allowance, or (B)  if  the  rent  was  not
 increased  by  a  permanent vacancy allowance since the housing accommo-
 dation became subject to this act, the number of years that such housing
 accommodation has been subject to this act. Provided that if the  previ-
 ous  legal  regulated rent was less than three hundred dollars the total
 increase shall be as calculated  above  plus  one  hundred  dollars  per
 month.  Provided, further, that if the previous legal regulated rent was
 at least three hundred dollars and no more than five hundred dollars  in
 no  event  shall the total increase pursuant to this subdivision be less
 than one hundred dollars per month. Such increase shall be  in  lieu  of
 any allowance authorized for the one or two year renewal component ther-
 eof, but shall be in addition to any other increases authorized pursuant
 to  this act including an adjustment based upon a major capital improve-
 ment, or a substantial modification or increase  of  dwelling  space  or
 services, or installation of new equipment or improvements or new furni-
 ture or furnishings provided in or to the housing accommodation pursuant
 to  section six of this act. The increase authorized in this subdivision
 may not be implemented more than one time in any calendar year, notwith-
 standing the number of vacancy leases entered into in such year.
   § 3. This act shall take effect immediately; provided that the  amend-
 ments  to  section  26-511  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;  and  provided,
 further,  that  the  amendments  to  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.

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Senate Bill S3107

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

co-Sponsors

2017-S3107 (ACTIVE) - Details

2017-S3107 (ACTIVE) - Summary

2017-S3107 (ACTIVE) - Sponsor Memo

2017-S3107 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3107

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Sponsored By

Jose M. Serrano

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

co-Sponsors

Tony Avella

Jesse Hamilton

Brad Hoylman-Sigal

Liz Krueger

2017-S3107 (ACTIVE) - Details

2017-S3107 (ACTIVE) - Summary

2017-S3107 (ACTIVE) - Sponsor Memo

2017-S3107 (ACTIVE) - Bill Text download pdf

Comments