NY State Senate Bill S299A

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

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Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to housing, construction and community development
Feb 21, 2019	print number 299a
Feb 21, 2019	amend (t) and recommit to housing, construction and community development
Jan 09, 2019	referred to housing, construction and community development

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S299 - Details

See Assembly Version of this Bill:: A167
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-405, rpld sub g ¶1 sub¶¶ (l) & (n), add §26-407.1, NYC Ad Cd; amd §4, Emerg Hous Rent Cont L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7881
2015-2016: S5040, A398
2017-2018: S6925, A268

S299 - Summary

Relates to the establishment of rent adjustments and prohibition of fuel pass-along charges.

S299 - Sponsor Memo

 
BILL NUMBER: S299

SPONSOR: BENJAMIN
 
TITLE OF BILL:  An act to amend the administrative code of the city of
New York and the emergency housing rent control law, in relation to the
establishment of rent adjustments; and repealing certain provisions of
the administrative code of the city of New York relating thereto

 
PURPOSE:

This bill would create parity between the maximum rent increases eligi-
ble for rent controlled and rent stabilized apartments. It would require
the Department of Housing and Community Renewal to cap the percentage
rent increase available to owners of rent controlled apartments at a
rate on par with recent Rent Guidelines Board adjustments for 1-year
renewal leases.

 
SUMMARY OF PROVISIONS:

Section one amends subdivision (a) of paragraph 5 of section 26-405 of
the administrative code of the city of New York.

Section two repeals subparagraphs (1) and (n) of paragraph 1 of subdivi-
sion g of section 26-405 of the administrative cede of the city of New
York.

Section three amends section 4 of chapter 274 of the laws of.1946 by
adding a new subdivision 9.

Section four sets forth the effective date.

 
EXISTING LAW:

Currently, Department of Housing and Community Renewal regulated rents
are set variously, and this bill links these rents to those controlled
by the Rent Guidelines Board.

 
JUSTIFICATION:

Many rent controlled tenants are currently subject to steep rent
increases calculated using an abstruse formula. Rent increases in rent
stabilized apartments are set by the Rent Guidelines Boards (one in New
York City and one each in Nassau, Westchester and Rockland counties)
using a formula that takes into account a wide range of economic
factors. Certain owners of rent-controlled apartments are entitled to
automatic raise rents up to 7.5 percent each year, rates higher than
average increases for rent stabilized apartments.

This bill would create parity between the two systems by capping rent
controlled rent increases at a level equal to the average of the previ-
ous 5 RGB rent increases for 1-year rent stabilized renewal leases. This
will prevent rent controlled apartment rents from inflating farther
beyond their rent stabilized counterparts, while maintaining the system
of rent control increases currently in place and the protections it
affords.

 
LEGISLATIVE HISTORY:

2017-18: 5.6925 / A. 268
2015-16: S.5040/A.398
2013-14: A.7881

 
FISCAL IMPLICATIONS:

Undetermined

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This bill shall take effect on the one hundred and eightieth day after
it shall have become a law; provided that the amendments to section
26-405 of the city rent and rehabilitation law made by sections one and
two 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 provided that the
amendments to section 4 of the emergency housing rent control law made
by section four 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.

S299 - Bill Text download pdf


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

                                   299

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by Sens. BENJAMIN, HOYLMAN, KRUEGER, 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 administrative code of the city of New York and  the
  emergency  housing  rent control law, in relation to the establishment
  of rent adjustments; and repealing certain provisions of the  adminis-
  trative code of the city of New York relating thereto

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

  Section 1. Paragraph 5 of subdivision  a  of  section  26-405  of  the
administrative  code  of  the  city  of  New  York is amended to read as
follows:
  (5) Where a maximum rent established pursuant to this  chapter  on  or
after  January  first,  nineteen hundred seventy-two, is higher than the
previously existing maximum  rent,  the  landlord  may  not  collect  AN
INCREASE  FROM A TENANT IN OCCUPANCY IN ANY ONE YEAR PERIOD OF more than
THE LESSER OF EITHER seven  and  one-half  percentum  [increase  from  a
tenant in occupancy on such date in any one year period, provided howev-
er,  that  where]  OR  AN AVERAGE OF THE PREVIOUS FIVE YEARS OF ONE-YEAR
RENT INCREASES ON RENT STABILIZED APARTMENTS AS ESTABLISHED BY THE  RENT
GUIDELINES  BOARD,  PURSUANT  TO SUBDIVISION B OF SECTION 26-510 OF THIS
TITLE. IF the period for which the rent is established exceeds one year,
regardless of how the collection thereof is averaged over  such  period,
the  rent  the  landlord  shall  be entitled to receive during the first
twelve months shall not be increased by more than THE LESSER  OF  EITHER
seven and one-half percentum OR AN AVERAGE OF THE PREVIOUS FIVE YEARS OF
ONE-YEAR  RENT INCREASES ON RENT STABILIZED APARTMENTS AS ESTABLISHED BY
THE RENT GUIDELINES BOARD, PURSUANT TO SUBDIVISION B OF  SECTION  26-510
OF THIS TITLE, over the previous rent [and]. ANY additional annual rents
shall not exceed THE LESSER OF EITHER seven and one-half percentum OR AN

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

                      [ ] is old law to be omitted.
                                                           LBD00516-01-9

S. 299                              2

AVERAGE  OF  THE  PREVIOUS FIVE YEARS OF ONE-YEAR RENT INCREASES ON RENT
STABILIZED APARTMENTS AS  ESTABLISHED  BY  THE  RENT  GUIDELINES  BOARD,
PURSUANT  TO  SUBDIVISION B OF SECTION 26-510 OF THIS TITLE, of the rent
paid  during  the  previous  year.  Notwithstanding any of the foregoing
limitations in this paragraph five, maximum rent shall be  increased  if
ordered by the agency pursuant to subparagraphs (d), (e), (f), (g), (h),
(i),  (k),  [(l),]  OR (m) [or (n)] of paragraph one of subdivision g of
this section. [Commencing January first, nineteen hundred  eighty,  rent
adjustments pursuant to subparagraph (n) of paragraph one of subdivision
g of this section shall be excluded from the maximum rent when computing
the  seven  and one-half percentum increase authorized by this paragraph
five.] Where a housing accommodation is vacant on January  first,  nine-
teen  hundred  seventy-two,  or  becomes  vacant thereafter by voluntary
surrender of possession by the tenants, the maximum rent established for
such accommodations may be collected.
  § 2. Subparagraphs (l) and (n) of paragraph  1  of  subdivision  g  of
section  26-405  of  the administrative code of the city of New York are
REPEALED.
  § 3. Section 4 of chapter 274 of the laws of  1946,  constituting  the
emergency  housing rent control law, is amended by adding a new subdivi-
sion 9 to read as follows:
  9. NO ANNUAL RENT INCREASE  AUTHORIZED  PURSUANT  TO  THIS  ACT  SHALL
EXCEED  THE AVERAGE OF THE PREVIOUS FIVE ANNUAL RENTAL INCREASES AUTHOR-
IZED BY A RENT GUIDELINES BOARD FOR A RENT STABILIZED UNIT  PURSUANT  TO
SECTION  4  OF  THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-
FOUR.
  § 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided  that  the  amendments  to  section
26-405  of  the  city rent and rehabilitation law made by section one 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 provided  that  the
amendments  to  section 4 of the emergency housing rent control law 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 in
subdivision 2 of section 1 of chapter 274 of the laws of 1946.

Co-Sponsors

view additional co-sponsors

S299A (ACTIVE) - Details

See Assembly Version of this Bill:: A167
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-405, rpld sub g ¶1 sub¶¶ (l) & (n), add §26-407.1, NYC Ad Cd; amd §4, Emerg Hous Rent Cont L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7881
2015-2016: S5040, A398
2017-2018: S6925, A268

S299A (ACTIVE) - Summary

Relates to the establishment of rent adjustments and prohibition of fuel pass-along charges.

S299A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S299A

SPONSOR: BENJAMIN
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York and the
emergency housing rent control law, in relation to the establishment of
rent adjustments and prohibition of fuel pass-along charges; and repeal-
ing certain provisions of the administrative code of the city of New
York relating thereto

 
PURPOSE:

This bill would create parity between the maximum rent increases eligi-
ble for rent controlled and rent stabilized apartments. It would require
the Department of Housing and Community Renewal to cap the percentage
rent increase available to owners of rent controlled apartments at a
rate on par with recent Rent Guidelines Board adjustments for 1-year
renewal leases.

 
SUMMARY OF PROVISIONS:

Section one amends subdivision (a) of paragraph 5 of section 26-405 of
the administrative code of the city of New York.

Section two repeals subparagraphs (1) and (n) of paragraph 1 of subdivi-
sion g of section 26-405 of the administrative cede of the city of New
York.

Section three amends section 4 of chapter 274 of the laws of.1946 by
adding a new subdivision 9.

Section four sets forth the effective date.

 
EXISTING LAW:

Currently, Department of Housing and Community Renewal regulated rents
are set variously, and this bill links these rents to those controlled
by the Rent Guidelines Board.

 
JUSTIFICATION:

Many rent controlled tenants are currently subject to steep rent
increases calculated using an abstruse formula. Rent increases in rent
stabilized apartments are set by the Rent Guidelines Boards (one in New
York City and one each in Nassau, Westchester and Rockland counties)
using a formula that takes into account a wide range of economic
factors. Certain owners of rent-controlled apartments are entitled to
automatic raise rents up to 7.5 percent each year, rates higher than
average increases for rent stabilized apartments. This bill would create
parity between the two systems by capping rent controlled rent increases
at a level equal to the average of the previous 5 ROB rent increases for
1-year rent stabilized renewal leases. This will prevent rent controlled
apartment rents from inflating farther beyond their rent stabilized
counterparts, while maintaining the system of rent control increases
currently in place and the protections it affords.

 
LEGISLATIVE HISTORY:

2017-18: S.6925/A.268
2015-16: S.5040/A.398
2013-14: A.7881

 
FISCAL IMPLICATIONS:

Undetermined

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This bill shall take effect on the one hundred and eightieth day after
it shall have become a law; provided that the amendments to section
26-405 of the city rent and rehabilitation law made by sections one and
two 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 provided that the
amendments to section 4 of the emergency housing rent control law made
by section four 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.

S299A (ACTIVE) - Bill Text download pdf


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

                                 299--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced by Sens. BENJAMIN, HOYLMAN, KRUEGER, MYRIE, RIVERA, SEPULVEDA
  -- 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 housing rent control law, in relation to  the  establishment
  of  rent  adjustments  and prohibition of fuel pass-along charges; and
  repealing certain provisions of the administrative code of the city of
  New York relating thereto

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

  Section  1.  Paragraph  5  of  subdivision  a of section 26-405 of the
administrative code of the city of  New  York  is  amended  to  read  as
follows:
  (5)  Where  a  maximum rent established pursuant to this chapter on or
after January first, nineteen hundred seventy-two, is  higher  than  the
previously  existing  maximum  rent,  the  landlord  may  not collect AN
INCREASE FROM A TENANT IN OCCUPANCY IN ANY ONE YEAR PERIOD OF more  than
THE  LESSER  OF  EITHER  seven  and  one-half percentum [increase from a
tenant in occupancy on such date in any one year period, provided howev-
er, that where] OR AN AVERAGE OF THE PREVIOUS  FIVE  YEARS  OF  ONE-YEAR
RENT  INCREASES ON RENT STABILIZED APARTMENTS AS ESTABLISHED BY THE RENT
GUIDELINES BOARD, PURSUANT TO SUBDIVISION B OF SECTION  26-510  OF  THIS
TITLE. IF the period for which the rent is established exceeds one year,
regardless  of  how the collection thereof is averaged over such period,
the rent the landlord shall be entitled  to  receive  during  the  first
twelve  months  shall not be increased by more than THE LESSER OF EITHER
seven and one-half percentum OR AN AVERAGE OF THE PREVIOUS FIVE YEARS OF
ONE-YEAR RENT INCREASES ON RENT STABILIZED APARTMENTS AS ESTABLISHED  BY

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

                      [ ] is old law to be omitted.
                                                           LBD00516-03-9

S. 299--A                           2

THE  RENT  GUIDELINES BOARD, PURSUANT TO SUBDIVISION B OF SECTION 26-510
OF THIS TITLE, over the previous rent [and]. ANY additional annual rents
shall not exceed THE LESSER OF EITHER seven and one-half percentum OR AN
AVERAGE  OF  THE  PREVIOUS FIVE YEARS OF ONE-YEAR RENT INCREASES ON RENT
STABILIZED APARTMENTS AS  ESTABLISHED  BY  THE  RENT  GUIDELINES  BOARD,
PURSUANT  TO  SUBDIVISION B OF SECTION 26-510 OF THIS TITLE, of the rent
paid during the previous year.  Notwithstanding  any  of  the  foregoing
limitations  in  this paragraph five, maximum rent shall be increased if
ordered by the agency pursuant to subparagraphs (d), (e), (f), (g), (h),
(i), (k), [(l),] OR (m) [or (n)] of paragraph one of  subdivision  g  of
this  section.  [Commencing January first, nineteen hundred eighty, rent
adjustments pursuant to subparagraph (n) of paragraph one of subdivision
g of this section shall be excluded from the maximum rent when computing
the seven and one-half percentum increase authorized by  this  paragraph
five.]  Where  a housing accommodation is vacant on January first, nine-
teen hundred seventy-two, or  becomes  vacant  thereafter  by  voluntary
surrender of possession by the tenants, the maximum rent established for
such accommodations may be collected.
  §  2.  Subparagraphs  (l)  and  (n) of paragraph 1 of subdivision g of
section 26-405 of the administrative code of the city of  New  York  are
REPEALED.
  §  3.  Section  4 of chapter 274 of the laws of 1946, constituting the
emergency housing rent control law, is amended by adding a new  subdivi-
sion 9 to read as follows:
  9.  NO  ANNUAL  RENT  INCREASE  AUTHORIZED  PURSUANT TO THIS ACT SHALL
EXCEED THE AVERAGE OF THE PREVIOUS FIVE ANNUAL RENTAL INCREASES  AUTHOR-
IZED  BY  A RENT GUIDELINES BOARD FOR A RENT STABILIZED UNIT PURSUANT TO
SECTION 4 OF THE EMERGENCY TENANT PROTECTION ACT  OF  NINETEEN  SEVENTY-
FOUR.
  §  4.    The administrative code of the city of New York is amended by
adding a new section 26-407.1 to read as follows:
  § 26-407.1 FUEL PASS-ALONG TO TENANTS UNDER RENT  CONTROL  PROHIBITED.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, REGULATION, CHARTER OR
ADMINISTRATIVE CODE, TENANTS OF HOUSING ACCOMMODATIONS WHICH ARE SUBJECT
TO  RENT  CONTROL  UNDER  THIS  CHAPTER  SHALL  NOT BE SUBJECT TO A FUEL
ADJUSTMENT OR PASS-ALONG INCREASE IN RENT AND ANY SUCH INCREASE TO  SUCH
TENANT SHALL BE NULL AND VOID.
  § 5. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a  law; provided that the amendments to section
26-405 of the city rent and rehabilitation law made by  section  one  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 provided that the
amendments to section 4 of the emergency housing rent control  law  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  in
subdivision  2  of  section  1  of  chapter 274 of the laws of 1946; and
provided further that the addition of section 26-407.1 to the city  rent
and  rehabilitation law made by section four 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.

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The New York State Senate

senate Bill S299A

Sponsored By

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

Your Voice

Actions

Bill Amendments

Co-Sponsors

S299 - Details

S299 - Summary

S299 - Sponsor Memo

S299 - Bill Text download pdf

Co-Sponsors

S299A (ACTIVE) - Details

S299A (ACTIVE) - Summary

S299A (ACTIVE) - Sponsor Memo

S299A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S299A

Share this bill

Sponsored By

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

Your Voice

Actions

Bill Amendments

Co-Sponsors

S299 - Details

S299 - Summary

S299 - Sponsor Memo

S299 - Bill Text download pdf

Co-Sponsors

S299A (ACTIVE) - Details

S299A (ACTIVE) - Summary

S299A (ACTIVE) - Sponsor Memo

S299A (ACTIVE) - Bill Text download pdf

Comments