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

Archive: Last Bill Status - Stricken


  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

co-Sponsors

2019-S2845 - Details

See Assembly Version of this Bill:
A4349
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
2021-2022: A5770

2019-S2845 - 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.

2019-S2845 - Sponsor Memo

2019-S2845 - 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.
              

co-Sponsors

2019-S2845A (ACTIVE) - Details

See Assembly Version of this Bill:
A4349
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
2021-2022: A5770

2019-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.

2019-S2845A (ACTIVE) - Sponsor Memo

2019-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.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.