NY State Senate Bill 2019-S3572

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to housing, construction and community development
Feb 08, 2019	referred to housing, construction and community development

co-Sponsors

2019-S3572 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-511, NYC Ad Cd; amd §10, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6084
2011-2012: S2341
2013-2014: S1024
2015-2016: S1178
2017-2018: S3107

2019-S3572 (ACTIVE) - Summary

Limits the amount of rent increase after the vacancy of a housing accommodation.

2019-S3572 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3572

SPONSOR: SERRANO
 
TITLE OF BILL:  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 limiting rent increase after vacancy of a housing
accommodation

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to expand tenant protections by reducing the
percentage by which rent may be increased upon vacancy.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill would decrease from twenty percent to ten percent the amount a
landlord could increase rent upon vacancy and also prohibit a landlord
from taking more than one increase in any one calendar year.

 
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

This bill would amend paragraph 5-a of subdivision c of section 26-511
of the administrative code of the city of New York, and subdivision
(a-1) of section 10 of section 4 of chapter 576 of constituting the
emergency tenant protection act of the laws of 1974.

 
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. Limiting the amount by which rent may be
increased upon vacancy will help keep units in the rent regulation
system and thus preserve these units in the affordable housing stock.

 
PRIOR LEGISLATIVE HISTORY:

2005-06: A.4213;
2003-04: A.10846;
2007-08: A.2894;
2009-10: S.6084 -Senate & Assembly Referred to Housing
2011-12: S.2341 - Referred to Housing, Construction and Community Devel-
opment
2013-14: S.1024 - Referred to Housing, Construction and Community Devel-
opment
2015-16: S.1178 - Referred to Housing, Construction and Community Devel-
opment
 2017-18: S.3107 - Referred to Housing, Construction and Community
Development

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the State.

 
EFFECTIVE DATE:
Immediately, with provisions.

2019-S3572 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3572
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2019
                                ___________
 
 Introduced  by Sens. SERRANO, HOYLMAN, KRUEGER, SAVINO -- 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 tenant protection act of nineteen seventy-four, in  relation
   to limiting rent increase after vacancy of a housing accommodation
 
   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, as amended by section 16-a
 of part A of chapter 20 of the laws of  2015,  is  amended  to  read  as
 follows:
   (5-a)  provides  that,  notwithstanding any provision of this chapter,
 the legal regulated rent for any vacancy lease entered  into  after  the
 effective  date  of  this  paragraph shall be as hereinafter provided in
 this paragraph. The previous  legal  regulated  rent  for  such  housing
 accommodation  shall  be  increased by the following: (i) if the vacancy
 lease is for a term of two years, [twenty] TEN percent of  the  previous
 legal  regulated rent; or (ii) if the vacancy lease is for a term of one
 year the increase shall be [twenty] TEN percent of  the  previous  legal
 regulated  rent  less  an amount equal to the difference between (a) the
 two year renewal lease guideline promulgated by the guidelines board  of
 the  city  of  New York applied to the previous legal regulated rent and
 (b) the one year renewal lease guideline promulgated by  the  guidelines
 board  of  the  city of New York applied to the previous legal regulated
 rent. However, where the amount charged and paid  by  the  prior  tenant
 pursuant  to  paragraph  fourteen of this subdivision, was less than the
 legal regulated rent, such increase to the legal  regulated  rent  shall
 not  exceed:  five  percent  of the previous legal regulated rent if the
 last vacancy lease commenced less than two years ago; ten percent of the
 previous legal regulated rent if the last vacancy lease  commenced  less
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03196-01-9

 S. 3572                             2
 
 than  three  years  ago; fifteen percent of the previous legal regulated
 rent if the last vacancy lease commenced less than four years ago; twen-
 ty percent of the previous legal regulated  rent  if  the  last  vacancy
 lease  commenced four or more years ago. In addition, if the legal regu-
 lated rent was not increased with respect to such housing  accommodation
 by  a  permanent vacancy allowance within eight years prior to a vacancy
 lease executed on or after the effective date  of  this  paragraph,  the
 legal  regulated rent may be further increased by an amount equal to the
 product resulting from multiplying such previous legal regulated rent by
 six-tenths of one percent and further multiplying  the  amount  of  rent
 increase  resulting  therefrom by the greater of (A) the number of years
 since the imposition of the last permanent vacancy allowance, or (B)  if
 the  rent  was  not increased by a permanent vacancy allowance since the
 housing accommodation became subject to  this  chapter,  the  number  of
 years  that such housing accommodation has been subject to this chapter.
 Provided that if the previous legal regulated rent was less  than  three
 hundred dollars the total increase shall be as calculated above plus one
 hundred dollars per month. Provided, further, that if the previous legal
 regulated  rent was at least three hundred dollars and no more than five
 hundred dollars in no event shall the total increase  pursuant  to  this
 paragraph  be  less  than  one  hundred dollars per month. Such increase
 shall be in lieu of any allowance authorized for the  one  or  two  year
 renewal  component  thereof,  but  shall  be  in  addition  to any other
 increases authorized pursuant to this chapter  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. The increase  authorized
 in  this  paragraph  may  not  be  implemented more than one time in any
 calendar year, notwithstanding the number of vacancy leases entered into
 in such year.
   § 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, as amended by section 16-b of part A  of  chapter
 20 of the laws of 2015, is amended to read as follows:
   (a-1)  provides  that,  notwithstanding any provision of this act, the
 legal regulated rent for any vacancy lease entered into after the effec-
 tive date of this subdivision shall be as hereinafter set  forth.    The
 previous  legal  regulated  rent for such housing accommodation shall be
 increased by the following: (i) if the vacancy lease is for  a  term  of
 two years, [twenty] TEN percent of the previous legal regulated rent; or
 (ii)  if  the vacancy lease is for a term of one year the increase shall
 be [twenty] TEN percent of the previous legal  regulated  rent  less  an
 amount  equal  to  the difference between (a) the two year renewal lease
 guideline promulgated by the guidelines board of the county in which the
 housing accommodation is located applied to the previous legal regulated
 rent and (b) the one year renewal lease  guideline  promulgated  by  the
 guidelines  board  of  the  county in which the housing accommodation is
 located applied to the previous legal regulated rent. However, where the
 amount charged and paid by the prior tenant pursuant to paragraph  four-
 teen  of  this subdivision, was less than the legal regulated rent, such
 increase to the legal regulated rent shall not exceed: five  percent  of
 the  previous  legal  regulated rent if the last vacancy lease commenced
 less than two years ago; ten percent of  the  previous  legal  regulated
 rent  if  the  last vacancy commenced less than three years ago; fifteen
 percent of the previous legal regulated rent if the last  vacancy  lease

 S. 3572                             3
 
 commenced less than four years ago; twenty percent of the previous legal
 regulated  rent  if  the last vacancy lease commenced four or more years
 ago. In addition, if the legal regulated rent  was  not  increased  with
 respect  to  such housing accommodation by a permanent vacancy allowance
 within eight years prior to a vacancy lease executed  on  or  after  the
 effective  date  of  this  subdivision,  the legal regulated rent may be
 further increased by an amount  equal  to  the  product  resulting  from
 multiplying  such  previous  legal  regulated  rent by six-tenths of one
 percent and further multiplying the amount of  rent  increase  resulting
 therefrom by the greater of (A) the number of years since the imposition
 of  the  last  permanent  vacancy  allowance, or (B) if the rent was not
 increased by a permanent vacancy allowance since  the  housing  accommo-
 dation became subject to this act, the number of years that such housing
 accommodation  has been subject to this act. Provided that if the previ-
 ous legal regulated rent was less than three hundred dollars  the  total
 increase  shall  be  as  calculated  above  plus one hundred dollars per
 month. Provided, further, that if the previous legal regulated rent  was
 at  least three hundred dollars and no more than five hundred dollars in
 no event shall the total increase pursuant to this subdivision  be  less
 than  one  hundred  dollars per month. Such increase shall be in lieu of
 any allowance authorized for the one or two year renewal component ther-
 eof, but shall be in addition to any other increases authorized pursuant
 to this act including an adjustment based upon a major capital  improve-
 ment,  or  a  substantial  modification or increase of dwelling space or
 services, or installation of new equipment or improvements or new furni-
 ture or furnishings provided in or to the housing accommodation pursuant
 to section six of this act. The increase authorized in this  subdivision
 may not be implemented more than one time in any calendar year, notwith-
 standing the number of vacancy leases entered into in such year.
   §  3. This act shall take effect immediately; provided that the amend-
 ments to section 26-511  of  the  rent  stabilization  law  of  nineteen
 hundred  sixty-nine  made by section one 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 provided,
 further, that the amendments  to  section  4  of  the  emergency  tenant
 protection  act of nineteen seventy-four made by section two 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.

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Senate Bill S3572

Sponsored By

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

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co-Sponsors

2019-S3572 (ACTIVE) - Details

2019-S3572 (ACTIVE) - Summary

2019-S3572 (ACTIVE) - Sponsor Memo

2019-S3572 (ACTIVE) - Bill Text download pdf

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Sponsored By

Jose M. Serrano

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

Actions

co-Sponsors

Brad Hoylman-Sigal

Liz Krueger

Diane J. Savino

2019-S3572 (ACTIVE) - Details

2019-S3572 (ACTIVE) - Summary

2019-S3572 (ACTIVE) - Sponsor Memo

2019-S3572 (ACTIVE) - Bill Text download pdf

Comments