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.
LBD00186-01-9
A. 1509 2
or after the rent act of 2015; 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 applicable rent
guidelines board pursuant to the rent stabilization law.
§ 2. 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; 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 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 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.
§ 3. This act shall take effect immediately; provided, however, that
the amendments to section 10 of the emergency tenant protection act of
nineteen seventy-four made by section one 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 provided, further, that the amendments to section 26-511
of chapter 4 of title 26 of the administrative code of the city of New
York made by section two 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.