S T A T E O F N E W Y O R K
________________________________________________________________________
2203
2019-2020 Regular Sessions
I N S E N A T E
January 23, 2019
___________
Introduced by Sens. BAILEY, MAYER, SEPULVEDA -- 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 emergency tenant protection act of nineteen seven-
ty-four, in relation to capping the amount of collectible rent
increases due to major capital improvements at six percent of the
legal regulated rent
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 3 of subdivision d of section 6 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 30 of
part A of chapter 20 of the laws of 2015, is amended to read as follows:
(3) there has been since January first, nineteen hundred seventy-four
a major capital improvement required for the operation, preservation or
maintenance of the structure. An adjustment under this paragraph shall
be in an amount sufficient to amortize the cost of the improvements
pursuant to this paragraph over an eight-year period for a building with
thirty-five or fewer housing accommodations, or a nine-year period for a
building with more than thirty-five housing accommodations, for any
determination issued by the division of housing and community renewal
after the effective date of the rent act of 2015; PROVIDED THAT THE
COLLECTION OF ANY INCREASE IN THE LEGAL REGULATED RENT FOR ANY HOUSING
ACCOMMODATION PURSUANT TO THIS PARAGRAPH SHALL NOT EXCEED SIX PERCENT IN
ANY YEAR FROM THE EFFECTIVE DATE OF THE ORDER GRANTING THE INCREASE OVER
THE LEGAL REGULATED RENT REGISTERED PURSUANT TO SECTION TWELVE-A OF THIS
ACT, WITH COLLECTIBILITY OF ANY DOLLAR EXCESS ABOVE SAID SUM TO BE
SPREAD FORWARD IN SIMILAR INCREMENTS AND ADDED TO THE LEGAL REGULATED
RENT AS ESTABLISHED OR SET IN FUTURE YEARS. IN NO EVENT SHALL MORE THAN
ONE SIX PERCENT INCREASE IN THE LEGAL REGULATED RENT PURSUANT TO THIS
PARAGRAPH BE COLLECTED IN THE SAME YEAR, or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05505-01-9
S. 2203 2
§ 2. 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.