S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2011
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02330-01-1
              

 S. 2011                             2
 
   (2)  For  all  other  housing accommodations, the rent reserved in the
 last effective lease or other rental agreement; provided that an initial
 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,

 S. 2011                             3
 
 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.
   (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.