The New York State Senate

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

                                 167--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  M. of A. L. ROSENTHAL, ORTIZ, MOSLEY, GOTTFRIED, DAVILA,
  PICHARDO, BICHOTTE, COLTON, JOYNER, WALKER,  DINOWITZ,  BLAKE,  GLICK,
  DE LA ROSA,  BARRON,  EPSTEIN, REYES -- Multi-Sponsored by -- M. of A.
  DenDEKKER, HYNDMAN, SIMON -- read once and referred to  the  Committee
  on Housing -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN  ACT to amend the administrative code of the city of New York and the
  emergency housing rent control law, in relation to  the  establishment
  of  rent  adjustments  and prohibition of fuel pass-along charges; and
  repealing certain provisions of the administrative code of the city of
  New York relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  5  of  subdivision  a of section 26-405 of the
administrative code of the city of  New  York  is  amended  to  read  as
follows:
  (5)  Where  a  maximum rent established pursuant to this chapter on or
after January first, nineteen hundred seventy-two, is  higher  than  the
previously  existing  maximum  rent,  the  landlord  may  not collect AN
INCREASE FROM A TENANT IN OCCUPANCY IN ANY ONE YEAR PERIOD OF more  than
THE  LESSER  OF  EITHER  seven  and  one-half percentum [increase from a
tenant in occupancy on such date in any one year period, provided howev-
er, that where] OR AN AVERAGE OF THE PREVIOUS  FIVE  YEARS  OF  ONE-YEAR
RENT  INCREASES ON RENT STABILIZED APARTMENTS AS ESTABLISHED BY THE RENT
GUIDELINES BOARD, PURSUANT TO SUBDIVISION B OF SECTION  26-510  OF  THIS
TITLE. IF the period for which the rent is established exceeds one year,
regardless  of  how the collection thereof is averaged over such period,
the rent the landlord shall be entitled  to  receive  during  the  first
twelve  months  shall not be increased by more than THE LESSER OF EITHER
seven and one-half percentum OR AN AVERAGE OF THE PREVIOUS FIVE YEARS OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD00516-02-9

A. 167--A                           2

ONE-YEAR RENT INCREASES ON RENT STABILIZED APARTMENTS AS ESTABLISHED  BY
THE  RENT  GUIDELINES BOARD, PURSUANT TO SUBDIVISION B OF SECTION 26-510
OF THIS TITLE, over the previous rent [and]. ANY additional annual rents
shall not exceed THE LESSER OF EITHER seven and one-half percentum OR AN
AVERAGE  OF  THE  PREVIOUS FIVE YEARS OF ONE-YEAR RENT INCREASES ON RENT
STABILIZED APARTMENTS AS  ESTABLISHED  BY  THE  RENT  GUIDELINES  BOARD,
PURSUANT  TO  SUBDIVISION B OF SECTION 26-510 OF THIS TITLE, of the rent
paid during the previous year.  Notwithstanding  any  of  the  foregoing
limitations  in  this paragraph five, maximum rent shall be increased if
ordered by the agency pursuant to subparagraphs (d), (e), (f), (g), (h),
(i), (k), [(l),] OR (m) [or (n)] of paragraph one of  subdivision  g  of
this  section.  [Commencing January first, nineteen hundred eighty, rent
adjustments pursuant to subparagraph (n) of paragraph one of subdivision
g of this section shall be excluded from the maximum rent when computing
the seven and one-half percentum increase authorized by  this  paragraph
five.]  Where  a housing accommodation is vacant on January first, nine-
teen hundred seventy-two, or  becomes  vacant  thereafter  by  voluntary
surrender of possession by the tenants, the maximum rent established for
such accommodations may be collected.
  §  2.  Subparagraphs  (l)  and  (n) of paragraph 1 of subdivision g of
section 26-405 of the administrative code of the city of  New  York  are
REPEALED.
  §  3.  Section  4 of chapter 274 of the laws of 1946, constituting the
emergency housing rent control law, is amended by adding a new  subdivi-
sion 9 to read as follows:
  9.  NO  ANNUAL  RENT  INCREASE  AUTHORIZED  PURSUANT TO THIS ACT SHALL
EXCEED THE AVERAGE OF THE PREVIOUS FIVE ANNUAL RENTAL INCREASES  AUTHOR-
IZED  BY  A RENT GUIDELINES BOARD FOR A RENT STABILIZED UNIT PURSUANT TO
SECTION 4 OF THE EMERGENCY TENANT PROTECTION ACT  OF  NINETEEN  SEVENTY-
FOUR.
  §  4.    The administrative code of the city of New York is amended by
adding a new section 26-407.1 to read as follows:
  § 26-407.1 FUEL PASS-ALONG TO TENANTS UNDER RENT  CONTROL  PROHIBITED.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, REGULATION, CHARTER OR
ADMINISTRATIVE CODE, TENANTS OF HOUSING ACCOMMODATIONS WHICH ARE SUBJECT
TO  RENT  CONTROL  UNDER  THIS  CHAPTER  SHALL  NOT BE SUBJECT TO A FUEL
ADJUSTMENT OR PASS-ALONG INCREASE IN RENT AND ANY SUCH INCREASE TO  SUCH
TENANT SHALL BE NULL AND VOID.
  § 5. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a  law; provided that the amendments to section
26-405 of the city rent and rehabilitation law made by  section  one  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 provided that the
amendments to section 4 of the emergency housing rent control  law  made
by  section  three 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; and
provided further that the addition of section 26-407.1 to the city  rent
and  rehabilitation law made by section four 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.