S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  167--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M. of A. L. ROSENTHAL, ORTIZ, MOSLEY, GOTTFRIED, DAVILA,
   PICHARDO, BICHOTTE, COLTON, JOYNER, WALKER,  DINOWITZ,  BLAKE,  GLICK,
   DE LA ROSA,  BARRON,  EPSTEIN, REYES -- Multi-Sponsored by -- M. of A.
   DenDEKKER, HYNDMAN, SIMON -- read once and referred to  the  Committee
   on Housing -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00516-02-9

 A. 167--A                           2
 
 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
 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.