S T A T E O F N E W Y O R K
________________________________________________________________________
1198
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
___________
Introduced by M. of A. L. ROSENTHAL, DINOWITZ, GOTTFRIED, DE LA ROSA,
RICHARDSON, LENTOL, COLTON, TITUS, ORTIZ, BENEDETTO, GLICK, MOSLEY,
ZEBROWSKI, WEPRIN, DAVILA, PICHARDO, BICHOTTE, ABINANTI, SIMON,
JOYNER, QUART, ROZIC, BLAKE, SEAWRIGHT, WALKER, BARRON -- Multi-Spon-
sored by -- M. of A. COOK, CYMBROWITZ, JAFFEE, PEOPLES-STOKES, PERRY,
PRETLOW, RIVERA -- read once and referred to the Committee on Housing
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
speculative and profiteering practices and has brought about the loss of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06410-01-9
A. 1198 2
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
rent prior to vacancy is two thousand five hundred dollars per month, or
A. 1198 3
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.