S T A T E O F N E W Y O R K
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3179
2019-2020 Regular Sessions
I N A S S E M B L Y
January 28, 2019
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Introduced by M. of A. DINOWITZ, L. ROSENTHAL, COLTON -- Multi-Sponsored
by -- M. of A. GLICK, GOTTFRIED -- 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 rent guidelines board
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision b of section 4 of section 4 of chapter 576 of
the laws of 1974, constituting the emergency tenant protection act of
nineteen seventy-four, as amended by chapter 486 of the laws of 1976,
the opening paragraph as amended by chapter 403 of the laws of 1983 and
the second and third undesignated paragraphs as amended by chapter 330
of the laws of 1980, is amended to read as follows:
b. A county rent guidelines board shall establish annually guidelines
for rent adjustments which, at its sole discretion may be varied and
different for and within the several zones and jurisdictions of the
board, and in determining whether rents for housing accommodations as to
which an emergency has been declared pursuant to this act shall be
adjusted, shall consider among other things (1) the economic condition
of the residential real estate industry in the affected area including
such factors as the prevailing and projected (i) real estate taxes and
sewer and water rates, (ii) gross operating maintenance costs (including
insurance rates, governmental fees, cost of fuel and labor costs), (iii)
costs and availability of financing (including effective rates of inter-
est), (iv) over-all supply of housing accommodations and over-all vacan-
cy rates, (2) relevant data from the current and projected cost of
living indices for the affected area, (3) such other data as may be made
available to it. As soon as practicable after its creation and thereaft-
er not later than July first of each year, a rent guidelines board shall
file with the state division of housing and community renewal its find-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00708-01-9
A. 3179 2
ings for the preceding calendar year, and shall accompany such findings
with a statement of the maximum rate or rates of rent adjustment, if
any, for one or more classes of accommodation subject to this act,
authorized for leases or other rental agreements commencing during the
next succeeding twelve months. THE MAXIMUM RATE OR RATES OF ADJUSTMENT
SHALL NOT EXCEED TWO PERCENT, OR ONE HUNDRED TWENTY PERCENT OF THE RATE
OF INFLATION, WHICHEVER IS LOWER. The standards for rent adjustments may
be applicable for the entire county or may be varied according to such
zones or jurisdictions within such county as the board finds necessary
to achieve the purposes of this subdivision.
The standards for rent adjustments established annually shall be
effective for leases commencing on October first of each year and during
the next succeeding twelve months whether or not the board has filed its
findings and statement of the maximum rate or rates of rent adjustment
by July first of each year. If such lease is entered into before such
filing by the board, it may provide for the rent to be adjusted by the
rates then in effect, subject to change by the applicable rates of rent
adjustment when filed, such change to be effective as of the date of the
commencement of the lease. Said lease must provide that, if the new
rates of rent adjustment differ for leases of different terms, the
tenant has the option of changing the original lease term to any other
term for which a rate of rent adjustment is set by the board, with the
rental to be adjusted accordingly.
Where a city, town or village shall act to determine the existence of
public emergency pursuant to section three of this act subsequent to the
establishment of annual guidelines for rent adjustments of the accommo-
dations subject to this act, the rent guidelines board as soon as prac-
ticable thereafter shall file its findings and rates of rent adjustment
for leases or other rental agreements for the housing accommodations in
such a city, town or village, which rates shall be effective for leases
or other rental agreements commencing on or after the effective date of
the determination.
§ 2. Subdivision b of section 26-510 of the administrative code of the
city of New York is amended to read as follows:
b. The rent guidelines board shall establish annually guidelines for
rent adjustments, and in determining whether rents for housing accommo-
dations subject to the emergency tenant protection act of nineteen
seventy-four or this law shall be adjusted shall consider, among other
things (1) the economic condition of the residential real estate indus-
try in the affected area including such factors as the prevailing and
projected (i) real estate taxes and sewer and water rates, (ii) gross
operating maintenance costs (including insurance rates, governmental
fees, cost of fuel and labor costs), (iii) costs and availability of
financing (including effective rates of interest), (iv) over-all supply
of housing accommodations and over-all vacancy rates, (2) relevant data
from the current and projected cost of living indices for the affected
area, (3) such other data as may be made available to it. THE MAXIMUM
RATE OR RATES OF ADJUSTMENT SHALL NOT EXCEED TWO PERCENT, OR ONE HUNDRED
TWENTY PERCENT OF THE RATE OF INFLATION, WHICHEVER IS LOWER. Not later
than July first of each year, the rent guidelines board shall file with
the city clerk its findings for the preceding calendar year, and shall
accompany such findings with a statement of the maximum rate or rates of
rent adjustment, if any, for one or more classes of accommodations
subject to this law, authorized for leases or other rental agreements
commencing on the next succeeding October first or within the twelve
A. 3179 3
months thereafter. Such findings and statement shall be published in the
City Record.
§ 3. This act shall take effect immediately; provided, however, that
the amendment to section 4 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 26-510
of the rent stabilization law of nineteen hundred sixty-nine 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.