senate Bill S6527

2017-2018 Legislative Session

Prohibits an owner from adjusting the amount of preferential rent upon the renewal of a lease

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to housing, construction and community development
May 31, 2017 referred to housing, construction and community development

Co-Sponsors

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S6527 - Details

See Assembly Version of this Bill:
A6285
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Emergency Tenant Protection Act of 1974
Laws Affected:
Amd §10, Emerg Ten Prot Act of 1974; amd §26-511, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2009-2010: S2251, A465
2011-2012: S448, A1364
2013-2014: S1775, A5473
2015-2016: S2828, A3809

S6527 - Summary

Prohibits an owner from adjusting the amount of preferential rent, rent charged and paid by the tenant which is less than the legal regulated rent for the housing accommodation, upon the renewal of a lease; only allows the owner to make such adjustments upon a vacancy which is not the result of the failure of the owner to maintain a habitable residence.

S6527 - Sponsor Memo

S6527 - Bill Text download pdf


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

                                  6527

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              May 31, 2017
                               ___________

Introduced  by  Sen. KRUEGER -- 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 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

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