S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    595
 
                        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, DINOWITZ, GLICK, GOTTFRIED, ABINAN-
   TI,  COOK,  COLTON,  MOSLEY -- Multi-Sponsored by -- M. of A. PERRY --
   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 prohibiting a county rent guidelines board from establish-
   ing rent adjustments for class  A  dwelling  units  based  on  certain
   considerations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of 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
 403 of the laws of 1983, is amended to read as follows:
   A county rent guidelines board shall establish annually guidelines for
 rent adjustments which, at its sole discretion may be varied and differ-
 ent 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04070-01-9

 A. 595                              2
 
 file  with the state division of housing and community renewal its find-
 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 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.  A COUNTY RENT GUIDELINES
 BOARD SHALL NOT ESTABLISH ANNUAL GUIDELINES FOR RENT  ADJUSTMENTS  BASED
 ON  THE  CURRENT RENTAL COST OF A UNIT OR ON THE AMOUNT OF TIME THAT HAS
 ELAPSED SINCE ANOTHER RENT INCREASE  WAS  AUTHORIZED  PURSUANT  TO  THIS
 CHAPTER.
   §  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. 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
 months thereafter. Such findings and statement shall be published in the
 City  Record.    THE  RENT  GUIDELINES  BOARD SHALL NOT ESTABLISH ANNUAL
 GUIDELINES FOR RENT ADJUSTMENTS BASED ON THE CURRENT RENTAL  COST  OF  A
 UNIT  OR  ON  THE  AMOUNT  OF  TIME  THAT HAS ELAPSED SINCE ANOTHER RENT
 INCREASE WAS AUTHORIZED PURSUANT TO THIS TITLE.
   § 3. This act shall take effect immediately; provided that the  amend-
 ments  to  section  4  of  section 4 of chapter 576 of the laws of 1974,
 constituting the emergency tenant protection act  of  nineteen  seventy-
 four,  made  by section one of this act, shall not affect the expiration
 of such section and shall be deemed to expire  therewith;  and  provided
 further  that  the  amendments to subdivision b of section 26-510 of the
 administrative code of the city of New York made by section two of  this
 act,  shall  not  affect the expiration of such subdivision and shall be
 deemed to expire therewith.