The New York State Senate

 
                     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

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07139-01-1

 A. 5770                             2
 
 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 with the approval of
 such  federal,  state  or local governmental agency upon renewal or upon
 vacancy thereof, may be based upon  such  previously  established  legal
 regulated  rent,  as  adjusted  by the most recent applicable guidelines
 increases or other increases authorized by  law;  and  further  provided
 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.
   § 2. Paragraph 14 of subdivision c of section 26-511 of  the  adminis-
 trative code of the city of New York, as amended by section 12 of part Q
 of chapter 39 of the laws of 2019, is amended to read as follows:
   (14)  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 any other  increases  author-
 ized 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.  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 paragraph, 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
 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 with the approval of
 such federal, state or local governmental agency upon  renewal  or  upon
 vacancy  thereof,  may  be  based upon such previously established 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 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.
   §  3.  This act shall take effect immediately; provided, however, that
 the amendments to section 26-511 of chapter 4 of title 26 of the  admin-
 istrative  code  of the city of New York made by section two of this act
 shall expire on the same date as such law expires and shall  not  affect
 the expiration of such law as provided under section 26-520 of such law.