NY State Senate Bill S185

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to housing, construction and community development
Jan 09, 2019	referred to housing, construction and community development

Co-Sponsors

view additional co-sponsors

S185 (ACTIVE) - Details

See Assembly Version of this Bill:: A2351
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Rpld §26-511 sub c ¶5-a, amd §§26-512 & 26-403.2, NYC Ad Cd; rpld §10 sub (a-1), amd §6, Emerg Ten Prot Act of 1974; amd §5, Emerg Hous Rent Cont L; amd §1, Chap 21 of 1962
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1332, A463
2011-2012: S2699, A1309
2013-2014: S1040, A7343
2015-2016: S951, A5567
2017-2018: S1593, A954, A9815

S185 (ACTIVE) - Summary

Repeals provisions permitting rent increases after vacancy of a housing accommodation.

S185 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S185

SPONSOR: SERRANO
 
TITLE OF BILL:  An act to amend the administrative code of the city of
New York, the emergency tenant protection act of nineteen seventy-four,
the emergency housing rent control law and the local emergency rent
control act, in relation to rent increases after vacancy of a housing
accommodation; and to repeal certain provisions of the administrative
code of the city of New York and the emergency tenant protection act of
nineteen seventy-four relating thereto

 
PURPOSE OF THE BILL:

To protect tenants by repealing the ability of a landlord to obtain a
twenty percent increase in rent pursuant to the statutory vacancy bonus
provision of the Emergency Tenant Protection Act.

 
SUMMARY OF SPECIFIC PROVISIONS:

This legislation amends the administrative code of the City of New York,
the emergency tenant protection act of nineteen seventy-four, the emer-

gency housing rent control law and the local emergency rent control act,
in relation to rent increases after vacancy of a housing accommodation
and to repeal certain provisions of the administration code of the city
of New York and the emergency tenant protection act of nineteen seven-
ty-four, that permits a landlord to increase the legally permissible
rent by twenty percent (20%) upon vacancy of a rent-regulated apartment.

 
JUSTIFICATION:

As housing costs increase rapidly across New York City, the displacement
of working families and middle class residents from rent-regulated
apartments has reached crisis proportions.  Undoubtedly, the ability of
landlords to increase rent by 20% in the event of a vacancy, thus bring-
ing a unit closer to the decontrol threshold of $2500 per month, has
been a significant factor.

Under current law, a landlord is eligible for a statutory vacancy bonus
once per year when an apartment becomes vacant. Accordingly, a landlord
can rapidly transform an affordable apartment into one that is market-
rate and decontrolled.

Equally problematic, there is no "clean hands" requirement that land-
lords conduct themselves responsibly in order to benefit from the bonus.
Consequently, if a tenant leaves an apartment that is uninhabitable due
to lack of heat, hot water, electricity, repairs or sanitary conditions,
the landlord remains eligible for the twenty percent increase in rent
upon vacancy. As a result, current law creates incentives for bad actors
to deprive tenants of a habitable apartment in order to benefit from the
statutory vacancy bonus. In order to stem the displacement crisis in New
York City, and preserve the affordable housing stock that remains avail-
able to working families and moderate income residents, the rent regu-
lation laws are in need of comprehensive reform. The repeal of the stat-
utory vacancy bonus provision is an important step in that direction.

 
PRIOR LEGISLATIVE HISTORY:

2008: S.8155 - Referred to Housing, Construction, and Community Develop-
ment
2009-10: Senate & Assembly Referred to Housing
2011-12: S.2699- Referred to Housing, Construction, and Community Devel-
opment
2013-14: S.1040- Referred to Housing, Construction, and Community Devel-
opment
2015-16: S.951- Referred to Housing, Construction, and Community Devel-
opment
2017-18: S.1593- Referred to Housing, Construction, and Community Devel-
opment

 
FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided that:
(a) the amendments to section 6 of the emergency tenant protection act
of nineteen seventy-four made by section four 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; and
(b) the amendments to section 5 of the emergency housing rent control
law made by section five 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
(c) the amendments to section 26-512 of chapter 4 of title 26 of the
administrative code of the city of New York 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 under. section 26-520 of
such law; and
(d) the amendments to section 26-403.2 of the city rent and rehabili-
tation law made by section six 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
(e) the amendments to subdivision 5 of section 1 of the local emergency
housing rent control act, made by section seven of this act, shall not
affect the effectiveness of such subdivision and shall cease to be in
full force.

S185 (ACTIVE) - Bill Text download pdf


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

                                   185

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by Sens. SERRANO, ADDABBO, BAILEY, BENJAMIN, COMRIE, GIANAR-
  IS, HOYLMAN, KAVANAGH, KRUEGER, MAYER,  MONTGOMERY,  PARKER,  PERSAUD,
  RIVERA, SANDERS, SAVINO, SEPULVEDA, STAVISKY -- read twice and ordered
  printed, and when printed to be committed to the Committee on Housing,
  Construction and Community Development

AN  ACT  to  amend  the administrative code of the city of New York, the
  emergency tenant protection act of nineteen seventy-four, the emergen-
  cy housing rent control law and the local emergency rent control  act,
  in  relation  to  rent  increases  after vacancy of a housing accommo-
  dation; and to repeal certain provisions of the administrative code of
  the city of New York and the emergency tenant protection act of  nine-
  teen seventy-four relating thereto

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

  Section 1. Paragraph 5-a of subdivision c of  section  26-511  of  the
administrative code of the city of New York is REPEALED.
  §  2.  Subdivision  (a-1) of section 10 of section 4 of chapter 576 of
the laws of 1974, constituting the emergency tenant  protection  act  of
nineteen seventy-four is REPEALED.
  § 3. Subdivision f of section 26-512 of the administrative code of the
city  of  New  York,  as  added  by  chapter 116 of the laws of 1997, is
amended to read as follows:
  f. Notwithstanding any provision of this law to the  contrary  in  the
case where all tenants named in a lease have permanently vacated a hous-
ing accommodation and a family member of such tenant or tenants is enti-
tled  to  and  executes a renewal lease for the housing accommodation if
such accommodation continues to be subject to this law after such family
member vacates, on the occurrence of such vacancy  the  legal  regulated
rent  shall  be increased by a sum equal to the allowance then in effect
for vacancy leases[, including the amount allowed by paragraph  (five-a)

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

                      [ ] is old law to be omitted.
                                                           LBD02626-01-9

S. 185                              2

of  subdivision c of section 26-511 of this law]. Such increase shall be
in addition to any other increases provided for in this law including an
adjustment based upon a major  capital  improvement,  or  a  substantial
modification  or increase of dwelling space or services, or installation
of new  equipment  or  improvements  or  new  furniture  or  furnishings
provided  in  or to the housing accommodation pursuant to section 26-511
of this law and shall be applicable in like manner to each second subse-
quent succession.
  § 4. Subdivision g of section 6 of section 4 of  chapter  576  of  the
laws  of 1974, constituting the emergency tenant protection act of nine-
teen seventy-four, as added by chapter 116  of  the  laws  of  1997,  is
amended to read as follows:
  g.  Notwithstanding  any  provision of this act to the contrary in the
case where all tenants named in a lease have permanently vacated a hous-
ing accommodation and a family member of such tenant or tenants is enti-
tled to and executes a renewal lease for the  housing  accommodation  if
such accommodation continues to be subject to this act after such family
member  vacates,  on  the occurrence of such vacancy the legal regulated
rent shall be increased by a sum equal to the allowance then  in  effect
for  vacancy  leases[, including the amount allowed by subdivision (a-1)
of section ten of this act].  Such increase shall be in addition to  any
other  increases  provided for in this act including an adjustment based
upon a major capital  improvement,  or  a  substantial  modification  or
increase of dwelling space or services, or installation of new equipment
or  improvements  or  new furniture or furnishings provided in or to the
housing accommodation, pursuant to THIS section [six of  this  act]  and
shall be applicable in like manner to each second subsequent succession.
  §  5.  Subdivision  9 of section 5 of chapter 274 of the laws of 1946,
constituting the emergency housing rent control law, as added by chapter
116 of the laws of 1997, is amended to read as follows:
  9. Notwithstanding any provision of this law to the  contrary  in  the
case where all tenants occupying the housing accommodation on the effec-
tive date of this subdivision have vacated the housing accommodation and
a  family  member  of such vacating tenant or tenants is entitled to and
continues to occupy the housing accommodation subject to the protections
of this law, if such accommodation continues to be subject to  this  law
after  such family member vacates, on the occurrence of such vacancy the
maximum collectable rent shall be increased by a sum equal to the allow-
ance then in  effect  for  vacancy  leases  for  housing  accommodations
covered  by  the rent stabilization law of nineteen hundred sixty-nine[,
including the amount allowed by paragraph five-a  of  subdivision  c  of
section  26-511  of such law]. This increase shall be in addition to any
other increases provided in this law including an adjustment based  upon
a  major  capital  improvement, or a substantial increase or decrease in
dwelling space or a change in the services,  furniture,  furnishings  or
equipment  provided  in  the  housing accommodation, pursuant to section
four of this law and shall be applicable in like manner to  each  second
subsequent succession.
  §  6.  Section  26-403.2 of the administrative code of the city of New
York, as added by chapter 116 of the laws of 1997, is amended to read as
follows:
  § 26-403.2 Increase in maximum collectable rent.  Notwithstanding  any
provision  of  this  law  to  the contrary in the case where all tenants
occupying the housing  accommodation  on  the  effective  date  of  this
section  have  vacated  the housing accommodation and a family member of
such vacating tenant or tenants is entitled to and continues  to  occupy

S. 185                              3

the  housing  accommodation  subject  to the protections of this law, if
such accommodation continues to be subject to this law after such family
member vacates, on the occurrence of such vacancy the maximum  collecta-
ble  rent  shall  be  increased  by a sum equal to the allowance then in
effect for vacancy leases for housing accommodations covered by the rent
stabilization law of nineteen hundred sixty-nine[, including the  amount
allowed  by  paragraph five-a of subdivision c of section 26-511 of such
law]. This increase shall be in addition to any other increases provided
for in this law including an  adjustment  based  upon  a  major  capital
improvement,  or a substantial increase or decrease in dwelling space or
a change in the services, furniture, furnishings or  equipment  provided
in the housing accommodation, pursuant to section 26-405 of this law and
shall be applicable in like manner to each second subsequent succession.
  § 7. The sixth undesignated paragraph of subdivision 5 of section 1 of
chapter  21  of  the laws of 1962, constituting the local emergency rent
control act, as amended by chapter 82 of the laws of 2003, is amended to
read as follows:
  Notwithstanding any provision of this act to the contrary,  any  local
law  adopted pursuant to this act shall provide that notwithstanding any
provision of such local law in the case where all tenants occupying  the
housing  accommodation  on  the  effective  date  of this paragraph have
vacated the housing accommodation and a family member of  such  vacating
tenant  or  tenants  is  entitled to and continues to occupy the housing
accommodation subject to the protections of such act, if  such  accommo-
dation  continues  to  be  subject  to such act after such family member
vacates, on the occurrence of such vacancy the maximum collectable  rent
shall  be  increased  by a sum equal to the allowance then in effect for
vacancy leases for housing accommodations covered by the rent stabiliza-
tion law of nineteen hundred sixty-nine[, including the  amount  allowed
by paragraph (5-a) of subdivision c of section 26-511 of such law]. This
increase  shall  be  in  addition to any other increases provided for in
this act and shall be applicable in like manner to  each  second  subse-
quent succession.
  § 8. This act shall take effect immediately; provided that:
  (a)  the  amendments to section 26-512 of chapter 4 of title 26 of the
administrative code of the city of New York 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 under section 26-520 of
such law; and
  (b) the amendments to section 6 of the emergency tenant protection act
of nineteen seventy-four made by section four 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; and
  (c) the amendments to section 5 of the emergency housing rent  control
law  made  by  section five 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
  (d) the amendments to section 26-403.2 of the city rent and  rehabili-
tation  law  made  by section six 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

S. 185                              4

  (e) the amendments to subdivision 5 of section 1 of the local emergen-
cy  housing  rent  control act, made by section seven of this act, shall
not affect the effectiveness of such subdivision and shall cease  to  be
in  full force and effect pursuant to subdivision 3 of section 1 of such
act.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S185

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Your Voice

Actions

Co-Sponsors

S185 (ACTIVE) - Details

S185 (ACTIVE) - Summary

S185 (ACTIVE) - Sponsor Memo

S185 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S185

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Your Voice

Actions

Co-Sponsors

S185 (ACTIVE) - Details

S185 (ACTIVE) - Summary

S185 (ACTIVE) - Sponsor Memo

S185 (ACTIVE) - Bill Text download pdf

Comments