assembly Bill A5770

2021-2022 Legislative Session

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

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Sponsored By

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 24, 2021 referred to housing

Co-Sponsors

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A5770 (ACTIVE) - Details

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
2011-2012: A1364
2013-2014: A5473
2015-2016: A3809
2017-2018: A741, A6285
2019-2020: A1509, A4349

A5770 (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.

A5770 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5770
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2021
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN, CARROLL, HYNDMAN, L. ROSEN-
   THAL, JOYNER, GOTTFRIED, PICHARDO, ABINANTI, SEAWRIGHT  --  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 Q of chapter  39
 of the laws of 2019, is amended to read as follows:
   (a-2)  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
 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 HOUS-
 ING  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.  For any tenant who is subject to a lease on or after
 the effective date of a chapter of the laws  of  two  thousand  nineteen
 which  amended  this  subdivision,  or  is  or was entitled to receive a
 renewal or vacancy lease on or after such date,  upon  renewal  of  such
 lease,  the  amount  of  rent for such housing accommodation that may be
 charged and paid shall be no more than the rent charged to and  paid  by
 the  tenant prior to that renewal, as adjusted by the most recent appli-
 cable guidelines increases and any 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 adminis-
 tered  by  the United States department of housing and urban development