[ ] is old law to be omitted.
LBD15188-01-8
S. 8014 2
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.
§ 2. 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-
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)
S. 8014 3
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.
§ 3. 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 OF NINETEEN
HUNDRED SIXTY-NINE. This exclusion 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 subparagraph shall
not apply to housing accommodations which became or become subject to
this law by virtue of receiving 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 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.
S. 8014 4
§ 4. 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 OF
NINETEEN HUNDRED SIXTY-NINE. This exclusion shall apply regardless of
whether the next tenant in occupancy or any subsequent tenant in occu-
pancy 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 there-
after, such 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 New York city rent guidelines board.
This exclusion 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, as adjusted by the
applicable rent guidelines board, a month. Provided however, that an
exclusion pursuant to this subdivision shall not apply to housing accom-
modations 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 other-
wise 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 section
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, 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.
S. 8014 5
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] (K) of paragraph [2] TWO 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 accom-
modation 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 OF NINETEEN
HUNDRED SIXTY-NINE, 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 there-
to. 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 sign-
ing of the lease. In addition, the owner shall send and certify to the
tenant a copy of the registration statement for such housing accommo-
dation 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.
§ 5. 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
S. 8014 6
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.
§ 6. Section 467-i of the real property tax law is REPEALED.
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after June 15, 2015; provided,
however that:
(a) the amendments to the emergency housing rent control law made by
section one 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 to the emergency tenant protection act of nineteen
seventy-four made by section two 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 to chapter 3 of title 26 of the administrative code
of the city of New York made by section three 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; and
(d) the amendments to chapter 4 of title 26 of the administrative code
of the city of New York made by sections four and five of this act shall
expire on the same date as such chapter expires and shall not affect the
expiration of such chapter as provided under section 26-520 of such law.