The New York State Senate

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

                                 2591--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 28, 2019
                               ___________

Introduced  by Sens. STEWART-COUSINS, ADDABBO, BAILEY, BENJAMIN, GIANAR-
  IS,  HOYLMAN,  KAVANAGH,  KRUEGER,  LIU,  MAYER,  MONTGOMERY,  PARKER,
  PERSAUD,  RIVERA,  SANDERS, SEPULVEDA, SERRANO, STAVISKY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on  Housing,  Construction  and  Community  Development  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the administrative code of the city of New York and the
  emergency tenant protection act of nineteen seventy-four, in  relation
  to  making conforming technical changes; and to repeal paragraph 13 of
  subdivision a of section 5 of section 4 of chapter 576 of the laws  of
  1974  constituting  the  emergency  tenant  protection act of nineteen
  seventy-four, paragraph (n) of subdivision 2 of section 2  of  chapter
  274  of  the  laws  of  1946,  constituting the emergency housing rent
  control law, and section 26-504.2 and subparagraph (k) of paragraph  2
  of  subdivision  e of section 26-403 of the administrative code of the
  city of New York, relating to vacancy decontrol

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

  Section  1.  Legislative  findings  and  declaration of emergency. The
legislature hereby finds and declares that the serious public  emergency
which  led  to the enactment of the existing laws regulating residential
rents and evictions continues to exist;  that  such  laws  would  better
serve  the public interest if certain changes were made thereto, includ-
ing the continued regulation  of  certain  housing  accommodations  that
become  vacant  and  the  reinstatement of regulation of certain housing
accommodations that have been deregulated upon vacancy.
  The legislature further  recognizes  that  severe  disruption  of  the
rental  housing market has occurred and threatens to be exacerbated as a
result of the present state of the law in relation to  the  deregulation
of  housing  accommodations  upon  vacancy.  The situation has permitted

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

                                                           LBD05084-02-9

S. 2591--A                          2

speculative and profiteering practices and has brought about the loss of
vital and irreplaceable affordable housing for working persons and fami-
lies.
  The legislature therefore declares that in order to prevent uncertain-
ty,  potential  hardship  and  dislocation  of tenants living in housing
accommodations subject to  government  regulations  as  to  rentals  and
continued occupancy as well as those not subject to such regulation, the
provisions of this act are necessary to protect the public health, safe-
ty  and  general  welfare.  The necessity in the public interest for the
provisions hereinafter enacted is hereby declared as a matter of  legis-
lative determination.
  § 2. Paragraph (n) of subdivision 2 of section 2 of chapter 274 of the
laws  of  1946,  constituting the emergency housing rent control law, is
REPEALED.
  § 3. Paragraph 13 of subdivision a of section 5 of section 4 of  chap-
ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
protection act of nineteen seventy-four, is REPEALED.
  § 4. Subparagraph (k) of paragraph  2  of  subdivision  e  of  section
26-403 of the administrative code of the city of New York is REPEALED.
  §  5.  Section  26-504.2 of the administrative code of the city of New
York is REPEALED.
  § 6. Any housing accommodations that prior to the  effective  date  of
this   act  were  excluded  from  coverage  from  the  emergency  tenant
protection act of nineteen  seventy-four,  the  emergency  housing  rent
control  law or the administrative code of the city of New York pursuant
to the provisions of law repealed by sections two, three, four and  five
of  this act, and where such housing accommodations were located outside
the city of New York and were rented to a tenant between January 1, 2013
and the effective date of this act for less  than  $3,500.00  per  month
regardless  of  any subsequent payment of a higher monthly rent, or were
located within the city of New York and were rented to a tenant  between
January  1,  2013  and  the  effective  date  of  this act for less than
$5,000.00 per month, regardless of any subsequent payment  of  a  higher
monthly  rent,  shall  be  subject to the provisions of such act, law or
administrative code, respectively.   Notwithstanding the  provisions  of
any  lease  or  rental  agreement,  the  legal regulated rent or maximum
collectible rent of any housing accommodation excluded  from  regulation
prior  to  the  effective  date  of this act by reason of the provisions
repealed by sections two, three, four and five  of  this  act  and  made
subject  to  regulation  shall  be  the  actual rent paid by a tenant on
December 31, 2014 or, if no rent was  paid  for  such  accommodation  on
December 31, 2014, the most recent actual rent paid by a tenant for such
accommodation  prior to December 31, 2014, subject to further adjustment
in accordance with applicable provisions of law.
  § 7. 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 accommo-
dation, 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. [Such housing accommodation shall  be
excluded  from  the provisions of this code pursuant to section 26-504.2
of this chapter when, subsequent to vacancy: (i)  such  legal  regulated

S. 2591--A                          3

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 thou-
sand seven hundred dollars per month or more, provided, however that  on
January  1,  2016,  and annually thereafter, 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.]
  § 8. 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 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 other
increases  authorized  by  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  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 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.]
  § 9. This act shall take effect immediately; provided, however, that:
  (a)  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  seven  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 subdivision (a-2) of section 10 of section 4  of
the  emergency  tenant  protection  act of nineteen seventy-four made by
section eight 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.