senate Bill S3712

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
Jan 26, 2017 referred to housing, construction and community development

Sponsor's Position

The threat of losing affordable preferential rents hangs over more than a quarter of rent regulated tenants in NYC.

Co-Sponsors

view additional co-sponsors

S3712 - Details

See Assembly Version of this Bill:
A741
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

S3712 - 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.

S3712 - Sponsor Memo

S3712 - Bill Text download pdf


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

                                  3712

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 26, 2017
                               ___________

Introduced  by  Sens.  KRUEGER,  ALCANTARA, AVELLA, BAILEY, DIAZ, DILAN,
  HAMILTON, HOYLMAN,  LATIMER,  MONTGOMERY,  PARKER,  PERALTA,  PERKINS,
  RIVERA, SANDERS, SERRANO, SQUADRON, STAVISKY -- 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.  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)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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