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.