S T A T E O F N E W Y O R K
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1268
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
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Introduced by M. of A. NIOU -- read once and referred to the Committee
on Housing
AN ACT to amend the administrative code of the city of New York and the
emergency tenant protection act of nineteen seventy-four, in relation
to the statute of limitations on notices of deregulation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 26-504.2 of the administrative code of the city of
New York is amended by adding a new subdivision c to read as follows:
C. NOTWITHSTANDING SECTION 26-516 OF THIS CHAPTER AND SECTION TWO
HUNDRED THIRTEEN-A OF THE CIVIL PRACTICE LAW AND RULES, THE PERIODS
PROVIDED FOR THEREIN FOR EXAMINATION OF THE RENTAL HISTORY OF THE ACCOM-
MODATION FOR THE DETERMINATION OF AN OVERCHARGE AND WHETHER THE ACCOMMO-
DATION IS SUBJECT TO THIS LAW ARE EXTENDED BY THE PERIOD DURING WHICH
THE OWNER IS NOT IN COMPLIANCE WITH THE REQUIREMENTS OF SUBDIVISION B OF
THIS SECTION.
§ 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) (I) 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02244-01-9
A. 1268 2
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 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. 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] 421-A or
[four hundred eighty-nine] 489 of the real property tax law, except as
otherwise provided in subparagraph (i) of paragraph (f) of subdivision
[two] 2 of section [four hundred twenty-one-a] 421-A of the real proper-
ty tax law, or (b) by virtue of article [seven-C] 7-C of the multiple
dwelling law. This paragraph 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.
(II) THE OWNER OF ANY HOUSING ACCOMMODATION THAT IS NOT SUBJECT TO
THIS ACT PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
GRAPH OR PARAGRAPH (N) OF SUBDIVISION 2 OF SECTION 2 OF THE EMERGENCY
HOUSING RENT CONTROL LAW SHALL GIVE WRITTEN NOTICE CERTIFIED BY SUCH
OWNER TO THE FIRST TENANT OF THAT HOUSING ACCOMMODATION AFTER SUCH HOUS-
ING ACCOMMODATION BECOMES EXEMPT FROM THE PROVISIONS OF THIS ACT OR THE
EMERGENCY HOUSING RENT CONTROL LAW. SUCH NOTICE SHALL CONTAIN: THE LAST
REGULATED RENT; THE REASON THAT SUCH HOUSING ACCOMMODATION IS NOT
SUBJECT TO THIS ACT OR THE EMERGENCY HOUSING RENT CONTROL LAW; A CALCU-
LATION 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; 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 DELIV-
ERED TO THE TENANT AT THE SIGNING OF THE LEASE. IN ADDITION, THE OWNER
SHALL SEND AND CERTIFY TO THE TENANT A COPY OF THE REGISTRATION STATE-
MENT FOR SUCH HOUSING ACCOMMODATION FILED WITH THE STATE DIVISION OF
HOUSING AND COMMUNITY RENEWAL INDICATING THAT SUCH HOUSING ACCOMMODATION
A. 1268 3
BECAME EXEMPT FROM THE PROVISIONS OF THIS ACT OR THE EMERGENCY HOUSING
RENT CONTROL 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.
(III) NOTWITHSTANDING SECTION TWELVE OF THIS ACT AND SECTION 213-A OF
THE CIVIL PRACTICE LAW AND RULES TO THE CONTRARY, THE PERIODS PROVIDED
FOR THEREIN FOR EXAMINATION OF THE RENTAL HISTORY OF THE ACCOMMODATION
FOR THE DETERMINATION OF AN OVERCHARGE AND WHETHER THE ACCOMMODATION IS
SUBJECT TO THIS LAW ARE EXTENDED BY THE PERIOD DURING WHICH THE OWNER IS
NOT IN COMPLIANCE WITH REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARA-
GRAPH.
§ 3. This act shall take effect immediately provided that:
(a) the amendment to section 26-504.2 of the rent stabilization law of
nineteen hundred sixty-nine 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 under section 26-520 of such law;
(b) the amendments to section 5 of section 4 of 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, as amended; and
(c) the provisions of this act shall apply to housing accommodations
which became vacant on or after the effective date of this act.