The New York State Senate

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

                                  4349

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2019
                               ___________

Introduced  by  M.  of  A. CYMBROWITZ, DE LA ROSA, WALKER, L. ROSENTHAL,
  BARRON, DINOWITZ, ORTIZ, CARROLL, SIMON,  ROZIC,  SEAWRIGHT,  EPSTEIN,
  JOYNER -- 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] WHERE the amount of rent charged to and
paid by the tenant is less than the legal regulated rent for the housing
accommodation, 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
FOR BUILDINGS THAT ARE SUBJECT TO THIS STATUTE BY VIRTUE OF A REGULATORY
AGREEMENT WITH A LOCAL GOVERNMENT AGENCY  AND  WHICH  BUILDINGS  RECEIVE
FEDERAL  PROJECT  BASED  RENTAL  ASSISTANCE  ADMINISTERED  BY THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OR A STATE  OR  LOCAL
SECTION  EIGHT  ADMINISTERING AGENCY, WHERE THE RENT SET BY THE FEDERAL,
STATE OR LOCAL GOVERNMENTAL AGENCY IS LESS THAN THE LEGAL REGULATED RENT
FOR THE HOUSING ACCOMMODATION, 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 ESTAB-
LISHED LEGAL REGULATED RENT, AS ADJUSTED BY THE MOST  RECENT  APPLICABLE
GUIDELINES  INCREASES AND OTHER INCREASES AUTHORIZED BY LAW; AND FURTHER
PROVIDED THAT SUCH VACANCY SHALL NOT BE CAUSED BY  THE  FAILURE  OF  THE

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

                                                           LBD00186-03-9

A. 4349                             2

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  accommodation 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 accom-
modation 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  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 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
any other increases authorized  by  law;  PROVIDED,  HOWEVER,  THAT  FOR
BUILDINGS  THAT  ARE  SUBJECT  TO THIS STATUTE BY VIRTUE OF A REGULATORY
AGREEMENT WITH A LOCAL GOVERNMENT AGENCY  AND  WHICH  BUILDINGS  RECEIVE
FEDERAL  PROJECT  BASED  RENTAL  ASSISTANCE  ADMINISTERED  BY THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OR A STATE  OR  LOCAL
SECTION  EIGHT  ADMINISTERING AGENCY, WHERE THE RENT SET BY THE FEDERAL,
STATE OR LOCAL GOVERNMENTAL AGENCY IS LESS THAN THE LEGAL REGULATED RENT
FOR THE HOUSING ACCOMMODATION, 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 ESTAB-
LISHED LEGAL REGULATED RENT, AS ADJUSTED BY THE MOST  RECENT  APPLICABLE
GUIDELINES  INCREASES AND OTHER INCREASES AUTHORIZED BY LAW; AND FURTHER
PROVIDED 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 accommodation shall be excluded from the provisions of this code
pursuant to section 26-504.2 of this chapter when, subsequent to  vacan-
cy:  (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  thereaft-
er,  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

A. 4349                             3

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.