assembly Bill A1509

2019-2020 Legislative Session

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

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Sponsored By

Current Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 15, 2019 referred to housing

Co-Sponsors

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A1509 (ACTIVE) - Details

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
2011-2012: A1364
2013-2014: A5473
2015-2016: A3809
2017-2018: A741, A6285

A1509 (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.

A1509 (ACTIVE) - Bill Text download pdf


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

                                  1509

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2019
                               ___________

Introduced by M. of A. BICHOTTE, CARROLL, HYNDMAN, L. ROSENTHAL, CRESPO,
  JOYNER,  GOTTFRIED, PICHARDO, ABINANTI, MOSLEY, SEAWRIGHT -- 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.   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)
such  legal  regulated  rent  is  two thousand seven hundred dollars per
month or more for any housing accommodation that is or becomes vacant on

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

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