NY State Senate Bill 2019-S2203

Senate Bill S2203

2019-2020 Legislative Session

Caps the amount of collectible rent increases due to major capital improvements at six percent of the legal regulated rent

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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to housing, construction and community development
Jan 23, 2019	referred to housing, construction and community development

co-Sponsors

2019-S2203 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Emergency Tenant Protection Act of 1974
Laws Affected:: Amd §6, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7674
2015-2016: S3588
2017-2018: S4568
2021-2022: S3365
2023-2024: S1235

2019-S2203 (ACTIVE) - Summary

Caps the amount of collectible rent increases due to major capital improvements at six percent of the legal regulated rent.

2019-S2203 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2203

SPONSOR: BAILEY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill creates consistency between New York City and the ETPA coun-
ties (Westchester, Rockland, and Nassau) by capping MCI costs at six
percent of the legal regulated rent.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends paragraph 3 of subdivision d of section 6 of section 4
of chapter 576 of the laws of 1974, the emergency tenant protection act
of 1974, as amended by section 30 of part A of chapter 20 of the laws of

2015, to ensure the collectible increase in rent to amortize the cost of
the major capital improvement 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. The collectability of any dollar excess above said sum would be
spread forward in similar increments and added to the legal regulated
rent as established or set in future years.

Section 2 establishes the effective date.

 
JUSTIFICATION:

This bill creates consistency between rent stabilized apartments in New
York City and the other ETPA counties, Nassau, Rockland and Westchester.
Currently, Section 9 of NYCRR limits MCI increases in New York City to a
maximum of six percent of the base rent. Because the law is silent, DHCR
has administratively capped the MCI increase outside of New York City at
fifteen percent. This bill corrects this oversight and establishes a
fair and consistent level for all rent stabilized apartments.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S3538 - Referred to Housing, Construction and Community

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately: however, it expires on the expi-
ration of the ETPA.

2019-S2203 (ACTIVE) - Bill Text download pdf

                            
 
                     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.

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Senate Bill S2203

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Sponsored By

Jamaal T. Bailey