S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7108
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 22, 2021
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend chapter 576 of the laws of 1974, constituting the  emer-
   gency  tenant protection act of nineteen seventy-four and the adminis-
   trative code of the city of New York, in relation to  placing  limita-
   tions on initial regulated rents

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision b of section 6 of section 4 of chapter  576  of
 the  laws  of  1974, constituting the emergency tenant protection act of
 nineteen seventy-four, is amended to read as follows:
   b. The initial legal regulated rents for housing accommodations  in  a
 city  having  a population of less than one million or a town or village
 as to which a declaration of emergency has been made  pursuant  to  this
 act shall be:
   (1)  For  housing accommodations subject to the emergency housing rent
 control law which become vacant on or after the local effective date  of
 this act, the rent agreed to by the landlord and the tenant and reserved
 in  a  lease  or  provided for in a rental agreement; provided that such
 initial legal regulated rent SHALL NOT EXCEED THE  AVERAGE  RENT  FOR  A
 COMPARABLE  RENT  REGULATED  HOUSING ACCOMMODATION, AS DETERMINED BY THE
 RENT GUIDELINES BOARD WITH JURISDICTION OVER SUCH HOUSING ACCOMMODATION,
 AND may be adjusted on application of the owner or  tenant  pursuant  to
 subdivision  a of section nine of this act; and provided further that no
 increase of such initial regulated rent pursuant  to  annual  guidelines
 adopted  by  the  rent guidelines board shall become effective until the
 expiration of the first lease or rental agreement  taking  effect  after
 the  local  effective  date,  but  in  no event before one year from the
 commencement of such rental agreement.
   (2) For all other housing accommodations, the  rent  reserved  in  the
 last effective lease or other rental agreement; provided that an initial

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

                                                            LBD02330-01-1

 A. 7108                             2
 
 rent  based  upon the rent reserved in a lease or other rental agreement
 which became effective on  or  after  January  first,  nineteen  hundred
 seventy-four  may  be  adjusted on application of the tenant pursuant to
 subdivision  b  of  section nine of this act or on application of either
 the owner or tenant pursuant to  subdivision  a  of  such  section;  and
 further provided that if a lease is entered into for such housing accom-
 modations  after the local effective date, but before the effective date
 of the first guidelines applicable to such accommodations, the lease may
 provide for an adjustment of rent pursuant to  such  guidelines,  to  be
 effective  on  the  first day of the month next succeeding the effective
 date of such guidelines.
   § 2. Subdivision b of section 26-512 of the administrative code of the
 city of New York is amended to read as follows:
   b. The initial regulated rent for housing  accommodations  subject  to
 this  law on the local effective date of the emergency tenant protection
 act of nineteen seventy-four or which become subject to this law  there-
 after, pursuant to such act, shall be:
   (1)  For  housing accommodations which were regulated pursuant to this
 law or the city rent and rehabilitation law prior to July  first,  nine-
 teen  hundred seventy-one, and which became vacant on or after such date
 and prior to the local effective date of the emergency tenant protection
 act of nineteen seventy-four, the rent reserved in  the  last  effective
 lease  or other rental agreement; provided that such initial rent may be
 adjusted on application of the  tenant  pursuant  to  subdivision  b  of
 section 26-513 of this chapter.
   (2)  For  housing  accommodations which were regulated pursuant to the
 city rent and rehabilitation law on the  local  effective  date  of  the
 emergency tenant protection act of nineteen seventy-four, and thereafter
 become  vacant,  the  rent  agreed to by the landlord and the tenant and
 reserved in a lease or provided for in a rental agreement; provided that
 such initial rent SHALL NOT EXCEED THE AVERAGE  RENT  FOR  A  COMPARABLE
 RENT REGULATED HOUSING ACCOMMODATION, AS DETERMINED BY THE COMMISSIONER,
 AND may be adjusted on application of the tenant pursuant to subdivision
 b of section 26-513 of this chapter.
   (3)  For  housing  accommodations  other than those described in para-
 graphs one and two of this subdivision, the rent reserved  in  the  last
 effective lease or other rental agreement.
   (4)  For  any plot or parcel of land which had been regulated pursuant
 to the city rent and rehabilitation law prior to  July  first,  nineteen
 hundred seventy-one and which,
   (i) became vacant on or after July first, nineteen hundred seventy-one
 and  prior  to  July  first,  nineteen  hundred  seventy-four,  the rent
 reserved in a lease or other rental agreement in effect on June  thirti-
 eth, nineteen hundred seventy-four plus increases authorized by the rent
 guidelines  board  under  this law for leases or other rental agreements
 commencing thereafter; provided that such initial rent may  be  adjusted
 on application of the tenant pursuant to subdivision b of section 26-513
 of this chapter or,
   (ii)  became  vacant on or after July first, nineteen hundred seventy-
 four, the rent agreed to by the landlord and the tenant and reserved  in
 a  lease or other rental agreement plus increases authorized by the rent
 guidelines board under this law for leases or  other  rental  agreements
 commencing  thereafter; provided that such initial rent SHALL NOT EXCEED
 THE AVERAGE RENT FOR A COMPARABLE RENT REGULATED HOUSING  ACCOMMODATION,
 AS DETERMINED BY THE COMMISSIONER, AND may be adjusted on application of
 the tenant pursuant to subdivision b of section 26-513 of this chapter.

 A. 7108                             3
 
   (iii)  Where  the commissioner has determined that the rent charged is
 in excess of the lawful rents as stated  in  subparagraph  (i)  or  (ii)
 hereof,  plus lawful increases thereafter, he or she shall provide for a
 cash refund or a credit, to be  applied  against  future  rent,  in  the
 amount  of  any rent overcharge collected by an owner and any penalties,
 costs, attorneys' fees and interest from the date of the  overcharge  at
 the  rate  of  interest  payable  on a judgment pursuant to section five
 thousand four of the civil practice law and rules for which the owner is
 assessed.
   § 3. This act shall take effect immediately, provided,  however,  that
 the  amendments to section 26-512 of the administrative code of the city
 of New York made by section two of this act shall  expire  on  the  same
 date as such chapter expires and shall not affect the expiration of such
 chapter as provided under section 26-520 of such chapter.