|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|
senate Bill S3712
Current Bill Status - In Senate Housing, Construction And Community Development Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
The threat of losing affordable preferential rents hangs over more than a quarter of rent regulated tenants in NYC.
S3712 - Details
- See Assembly Version of this Bill:
- 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 Previous Legislative Sessions:
2015-2016: S2828B, A3809A
2013-2014: S1775, A5473
2011-2012: S448, A1364A
2009-2010: S2251, A465A
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
BILL NUMBER: S3712 TITLE OF BILL : An act to amend the emergency tenant protection act of nineteen seventy-four and the administrative code of the city of New York, in relation to the regulation of rents PURPOSE OR GENERAL IDEA OF BILL : This bill would prohibit an owner from adjusting the amount of preferential rent upon the renewal of a lease. SUMMARY OF SPECIFIC PROVISIONS : The bill would prohibit owners from increasing a less than legal regulated rent to the legal regulated rent upon a lease renewal; only upon a tenant's vacancy could an owner increase the less than legal regulated rent. In addition, such a vacancy may not be caused by an owner or an agent of the owner's the failure to maintain the housing accommodation in a habitable condition. JUSTIFICATION : As housing costs increase across the City of New York, the displacement of working families and middle class residents from rent regulated apartments has resulted in a housing crisis. The displacement of rent regulated tenants has been aggravated by a
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. LBD06860-01-7
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