LBD13168-01-7
 S. 6662                             2
 
 paragraph and October first, nineteen hundred ninety-three which  is  or
 becomes vacant on or after the effective date of this paragraph; or, for
 any housing accommodation with a maximum 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 wheth-
 er the next tenant in occupancy or any subsequent tenant in occupancy is
 charged  or  pays  less  than  two thousand dollars a month; or, for any
 housing accommodation with a maximum 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 effec-
 tive date, but prior to the effective date of the rent act of 2015;  or,
 any  housing accommodation with a legal regulated rent [that was] OF 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. This exclusion shall
 apply regardless of whether the next tenant in occupancy or  any  subse-
 quent  tenant  in  occupancy  actually  is charged or pays less than two
 thousand seven hundred dollars,  as  adjusted  by  the  applicable  rent
 guidelines  board,  per  month.  An exclusion pursuant to this paragraph
 shall not apply, however, to or become effective with respect to housing
 accommodations which the commissioner determines or finds that the land-
 lord 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
 law shall also apply.
   § 3. 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) 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-
 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-
 S. 6662                             3
 
 tive  date of the rent act of 2015; or, any housing accommodation with a
 legal regulated rent [that was] OF 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 deregu-
 lation 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  or  four
 hundred  eighty-nine  of  the real property tax law, except as otherwise
 provided in subparagraph (i) of paragraph  (f)  of  subdivision  two  of
 section  four  hundred twenty-one-a of the real property tax law, or (b)
 by virtue of article seven-C of the multiple dwelling  law.  This  para-
 graph  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.
   § 4. Subparagraph (k) of paragraph  2  of  subdivision  e  of  section
 26-403 of the administrative code of the city of New York, as amended by
 section  9  of  part  A of chapter 20 of the laws of 2015, is amended to
 read as follows:
   (k) Any housing accommodation which becomes vacant on or  after  April
 first,  nineteen  hundred  ninety-seven and before the effective date of
 the rent act of 2011, and where at the  time  the  tenant  vacated  such
 housing  accommodation the maximum rent was two thousand dollars or more
 per month; or, for any housing accommodation 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 with a maximum
 rent of two thousand dollars or more per  month.  This  exclusion  shall
 apply  regardless  of whether the next tenant in occupancy or any subse-
 quent tenant in occupancy is charged or  pays  less  than  two  thousand
 dollars  a  month; or, for any housing accommodation with a maximum 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 effective date
 of the rent act of 2015; or, any  housing  accommodation  with  a  legal
 regulated  rent [that was] OF 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  percent  as  the  most
 recent  one  year  renewal adjustment, adopted by the New York city rent
 guidelines board pursuant to the rent stabilization law. This  exclusion
 S. 6662                             4
 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 exclu-
 sion  pursuant  to this subparagraph shall not apply to housing accommo-
 dations which became or become subject to this law by virtue of  receiv-
 ing  tax  benefits  pursuant  to section four hundred eighty-nine of the
 real property tax law. This subparagraph 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, inter-
 ruption 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 law shall also
 apply.
   § 5. Section 26-504.2 of the administrative code of the  city  of  New
 York,  as  amended  by section 10 of part A of chapter 20 of the laws of
 2015, is amended to read as follows:
   § 26-504.2 Exclusion of high rent accommodations. a. "Housing accommo-
 dations" shall not include:  any  housing  accommodation  which  becomes
 vacant on or after April first, nineteen hundred ninety-seven and before
 the  effective  date  of  the rent act of 2011 and where at the time the
 tenant vacated such housing accommodation the legal regulated  rent  was
 two  thousand  dollars  or  more per month; or, for any housing accommo-
 dation 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, with a legal regulated rent of two thousand dollars or
 more per month; or for any housing accommodation that becomes vacant  on
 or after the effective date of the rent act of 2015, [where such] WITH A
 legal  regulated  rent  [was]  OF  two thousand seven hundred dollars or
 more, and as further adjusted by this section. Starting  on  January  1,
 2016, and annually 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  New  York
 city  rent guidelines board pursuant to the rent stabilization law. This
 exclusion shall apply regardless of whether the next tenant in occupancy
 or any subsequent tenant in occupancy is charged or pays less  than  two
 thousand dollars a month; or, for any housing accommodation with a legal
 regulated 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
 effective  date  of  the rent act of 2015; or, any housing accommodation
 with a legal regulated rent [that was] OF  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, such legal regulated rent for this dereg-
 ulation threshold, shall also be increased by the same percentage as the
 most recent one year renewal adjustment, adopted by the  New  York  city
 rent  guidelines board. This exclusion shall apply regardless of whether
 the next tenant in occupancy or any subsequent tenant in occupancy actu-
 ally is charged or pays less than two thousand seven hundred dollars, as
 adjusted by the applicable rent  guidelines  board,  a  month.  Provided
 however,  that an exclusion pursuant to this subdivision shall not apply
 S. 6662                             5
 
 to housing accommodations which became or become subject to this law (a)
 by virtue of receiving tax benefits pursuant  to  section  four  hundred
 twenty-one-a  or  four hundred eighty-nine of the real property tax law,
 except  as  otherwise  provided  in subparagraph (i) of paragraph (f) of
 subdivision two of section four hundred twenty-one-a of the real proper-
 ty tax law, or (b) by virtue of article seven-C of the multiple dwelling
 law. This section 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, 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 law shall also apply.
   b.  The owner of any housing accommodation that is not subject to this
 law pursuant to the provisions of  subdivision  a  of  this  section  or
 subparagraph k of paragraph 2 of subdivision e of section 26-403 of this
 code  shall  give  written  notice  certified by such owner to the first
 tenant of that housing accommodation after  such  housing  accommodation
 becomes  exempt  from  the  provisions  of this law or the city rent and
 rehabilitation law. Such notice shall contain the last  regulated  rent,
 the reason that such housing accommodation is not subject to this law or
 the  city  rent  and rehabilitation law, a calculation 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 or, for a housing accommodation with  a  legal
 regulated  rent  or maximum rent of two thousand five hundred dollars or
 more per month on or after the effective date of the rent act  of  2011,
 and  before  the  effective  date  of  the rent act of 2015, which is or
 becomes vacant on or after such effective date, whether the next  tenant
 in  occupancy  or any subsequent tenant in occupancy actually is charged
 or pays less than a legal regulated rent or maximum rent of two thousand
 five hundred dollars or more per month, or two  thousand  seven  hundred
 dollars  or  more,  per month, starting on January 1, 2016, and annually
 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 New  York  city  rent
 guidelines  board  pursuant  to  the rent stabilization law, 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 delivered to the tenant at the signing of the lease.  In  addi-
 tion,  the  owner  shall  send  and  certify to the tenant a copy of the
 registration statement for such housing  accommodation  filed  with  the
 state  division  of  housing  and community renewal indicating that such
 housing accommodation became exempt from the provisions of this  law  or
 the  city rent and rehabilitation 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.
 S. 6662                             6
 
   §  6.  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. Such housing accommodation  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.
   § 7. Section 467-i of the real property tax law is REPEALED.
   § 8. This act shall take effect immediately; provided, however that:
   (a) the amendments made to paragraph (n) of subdivision 2 of section 2
 of  the  emergency  housing rent control law 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 in subdivision 2 of
 section 1 of chapter 274 of the laws of 1946;
   (b) the amendments made to paragraph 13 of subdivision a of section  5
 of  section  4 of the emergency tenant protection act of nineteen seven-
 ty-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;
   (c) the amendments made to sections 26-504.2 and 26-511 of the  admin-
 istrative  code of the city of New York made by sections five and six 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
   (d)  the  amendments made to section 26-403 of the administrative code
 of the city of New York made by section four of this act shall remain in
 full force and effect only as long as the public emergency requiring the
 regulation and control of residential rents and evictions continues,  as
 provided  in  subdivision  3 of section 1 of the local emergency housing
 rent control act.