senate Bill S2845A

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current 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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 07, 2019 print number 2845a
Feb 07, 2019 amend and recommit to housing, construction and community development
Jan 29, 2019 referred to housing, construction and community development

Co-Sponsors

view additional co-sponsors

S2845 (ACTIVE) - Details

See Assembly Version of this Bill:
A4349
Current Committee:
Senate Housing, Construction And Community Development
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: S2251, A465
2011-2012: S448, A1364
2013-2014: S1775, A5473
2015-2016: S2828, A3809
2017-2018: S3712, S6527, A741, A6285

S2845 (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.

S2845 (ACTIVE) - Sponsor Memo

S2845 (ACTIVE) - Bill Text download pdf


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

                                  2845

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 29, 2019
                               ___________

Introduced  by Sens. KRUEGER, ADDABBO, BAILEY, BENJAMIN, COMRIE, GIANAR-
  IS, HOYLMAN, KAVANAGH, MAYER,  MONTGOMERY,  PARKER,  PERSAUD,  RIVERA,
  SANDERS,  SAVINO,  SEPULVEDA,  SERRANO,  STAVISKY  --  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 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 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; PROVIDED, HOWEVER, THAT SUCH VACANCY
SHALL NOT BE CAUSED BY THE FAILURE OF THE  OWNER  OR  AN  AGENT  OF  THE
OWNER,  TO  MAINTAIN  THE  HOUSING  ACCOMMODATION IN COMPLIANCE WITH THE
WARRANTY OF HABITABILITY SET FORTH IN SUBDIVISION  ONE  OF  SECTION  TWO
HUNDRED  THIRTY-FIVE-B  OF  THE  REAL PROPERTY LAW; AND FURTHER PROVIDED
THAT SUCH INCREASE TO THE PREVIOUSLY ESTABLISHED  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  THAN  THREE YEARS AGO; FIFTEEN PERCENT OF THE PREVIOUS LEGAL REGU-
LATED RENT IF THE LAST VACANCY LEASE COMMENCED LESS THAN FOUR YEARS AGO;

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

Sponsor's Position

The threat of losing affordable preferential rents hangs over more than a quarter of rent regulated tenants in NYC.

Co-Sponsors

view additional co-sponsors

S2845A (ACTIVE) - Details

See Assembly Version of this Bill:
A4349
Current Committee:
Senate Housing, Construction And Community Development
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: S2251, A465
2011-2012: S448, A1364
2013-2014: S1775, A5473
2015-2016: S2828, A3809
2017-2018: S3712, S6527, A741, A6285

S2845A (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.

S2845A (ACTIVE) - Sponsor Memo

S2845A (ACTIVE) - Bill Text download pdf


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

                                 2845--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 29, 2019
                               ___________

Introduced  by Sens. KRUEGER, ADDABBO, BAILEY, BENJAMIN, COMRIE, GIANAR-
  IS, HOYLMAN, JACKSON, KAVANAGH, MAYER,  MONTGOMERY,  PARKER,  PERSAUD,
  RIVERA,  SANDERS,  SAVINO,  SEPULVEDA, SERRANO, STAVISKY -- 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 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,

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

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