assembly Bill A6285

2017-2018 Legislative Session

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

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Archive: Last Bill Status - Passed Assembly


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 14, 2018 referred to housing, construction and community development
delivered to senate
passed assembly
Jan 03, 2018 ordered to third reading cal.448
returned to assembly
died in senate
Jun 14, 2017 referred to rules
delivered to senate
passed assembly
May 18, 2017 advanced to third reading cal.439
May 16, 2017 reported
Mar 01, 2017 referred to housing

Co-Sponsors

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A6285 (ACTIVE) - Details

See Senate Version of this Bill:
S6527
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: A465, S2251
2011-2012: A1364, S448
2013-2014: A5473, S1775
2015-2016: A3809, S2828
2019-2020: A1509, A4349, S2845

A6285 (ACTIVE) - 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.

A6285 (ACTIVE) - Bill Text download pdf


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

                                  6285

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              March 1, 2017
                               ___________

Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
  Committee 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;  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
five hundred dollars per month, or more, for any  housing  accommodation

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