assembly Bill A4349

2019-2020 Legislative Session

Prohibits an owner from adjusting the amount of preferential rent upon the renewal of a lease

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Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 04, 2019 referred to housing

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A4349 (ACTIVE) - Details

See Senate Version of this Bill:
S2845
Law Section:
Emergency Tenant Protection Act of 1974
Laws Affected:
Amd §10, Emerg Ten Prot Act of 1974; amd §26-511, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2009-2010: A465, S2251
2011-2012: A1364, S448
2013-2014: A5473, S1775
2015-2016: A3809, S2828
2017-2018: A741, A6285, S3712, S6527

A4349 (ACTIVE) - Summary

Prohibits an owner from adjusting the amount of preferential rent, rent charged and paid by the tenant which is less than the legal regulated rent for the housing accommodation, upon the renewal of a lease; only allows the owner to make such adjustments upon a vacancy which is not the result of the failure of the owner to maintain a habitable residence.

A4349 (ACTIVE) - Bill Text download pdf


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

                                  4349

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2019
                               ___________

Introduced  by  M.  of  A. CYMBROWITZ, DE LA ROSA, WALKER, L. ROSENTHAL,
  BARRON, DINOWITZ, ORTIZ, CARROLL, SIMON,  ROZIC,  SEAWRIGHT,  EPSTEIN,
  JOYNER -- read once and referred to the Committee on Housing

AN  ACT  to amend the emergency tenant protection act of nineteen seven-
  ty-four and the administrative code  of  the  city  of  New  York,  in
  relation to the regulation of rents

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

  Section 1. 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] WHERE the amount of rent charged to and
paid by the tenant is less than the legal regulated rent for the housing
accommodation, 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; PROVIDED, HOWEVER, THAT
FOR BUILDINGS THAT ARE SUBJECT TO THIS STATUTE BY VIRTUE OF A REGULATORY
AGREEMENT WITH A LOCAL GOVERNMENT AGENCY  AND  WHICH  BUILDINGS  RECEIVE
FEDERAL  PROJECT  BASED  RENTAL  ASSISTANCE  ADMINISTERED  BY THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OR A STATE  OR  LOCAL
SECTION  EIGHT  ADMINISTERING AGENCY, WHERE THE RENT SET BY THE FEDERAL,
STATE OR LOCAL GOVERNMENTAL AGENCY IS LESS THAN THE LEGAL REGULATED RENT
FOR THE HOUSING ACCOMMODATION, 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 ESTAB-
LISHED LEGAL REGULATED RENT, AS ADJUSTED BY THE MOST  RECENT  APPLICABLE
GUIDELINES  INCREASES AND OTHER INCREASES AUTHORIZED BY LAW; AND FURTHER
PROVIDED THAT SUCH VACANCY SHALL NOT BE CAUSED BY  THE  FAILURE  OF  THE

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

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