S T A T E O F N E W Y O R K
________________________________________________________________________
5623
2023-2024 Regular Sessions
I N A S S E M B L Y
March 20, 2023
___________
Introduced by M. of A. FITZPATRICK -- read once and referred to the
Committee on Housing
AN ACT to amend the emergency housing rent control law, the local emer-
gency housing rent control act, the emergency tenant protection act of
nineteen seventy-four and the administrative code of the city of New
York, in relation to the de-regulation of rent-stabilized housing
accommodations upon vacancy
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (i) of subdivision 2 of section 2 of chapter 274
of the laws of 1946, constituting the emergency housing rent control
law, as amended by chapter 576 of the laws of 1974, is amended to read
as follows:
(i) housing accommodations which become vacant ON AND AFTER JUNE
SIXTEENTH, TWO THOUSAND TWENTY-FOUR, provided, however, that this
exemption shall not apply or become effective where the commission
determines or finds that the housing accommodations became vacant
because the landlord or any person acting on his behalf, with intent to
cause the tenant to vacate, engaged in any course of conduct (including,
but not limited to, interruption or discontinuance of essential
services) which interfered with or disturbed or was intended to inter-
fere with or disturb the comfort, repose, peace or quiet of the tenant
in his use or occupancy of the housing accommodations; [and further
provided that housing accommodations as to which a housing emergency has
been declared pursuant to the emergency tenant protection act of nine-
teen seventy-four shall be subject to the provisions of such act for the
duration of such emergency;] or
§ 2. The second undesignated paragraph of subdivision 5 of section 1
of chapter 21 of the laws of 1962, constituting the local emergency
housing rent control act, as amended by chapter 82 of the laws of 2003,
is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08524-01-3
A. 5623 2
Notwithstanding any local law or ordinance, housing accommodations
which [became] BECOME vacant (A) on or after July first, nineteen
hundred seventy-one [or which hereafter become vacant], BUT BEFORE JUNE
SIXTEENTH, TWO THOUSAND TWENTY-FOUR shall be subject to the provisions
of the emergency tenant protection act of nineteen seventy-four, AND (B)
ON OR AFTER JUNE SIXTEENTH, TWO THOUSAND TWENTY-FOUR SHALL BE EXEMPT
FROM REGULATIONS AND CONTROL; provided, however, that [this provision]
THESE EXEMPTIONS shall not apply or become effective with respect to
housing accommodations which, by local law or ordinance, are made
directly subject to regulation and control by a city housing rent agency
and such agency determines or finds that the housing accommodations
became vacant because the landlord or any person acting on his behalf,
with intent to cause the tenant to vacate, engaged in any course of
conduct (including but not limited to, interruption or discontinuance of
essential services) which interfered with or disturbed or was intended
to interfere with or disturb the comfort, repose, peace or quiet of the
tenant in his use or occupancy of the housing accommodations. The
removal of any housing accommodation from regulation and control of
rents pursuant to the vacancy [exemption] EXEMPTIONS provided for in
this paragraph shall not constitute or operate as a ground for the
subjection to more stringent regulation and control of any housing
accommodation in such property or in any other property owned by the
same landlord, notwithstanding any prior agreement to the contrary by
the landlord. The vacancy exemption provided for in SUBPARAGRAPH (A) OF
this paragraph shall not arise with respect to any rented plot or parcel
of land otherwise subject to the provisions of this act, by reason of a
transfer of title and possession occurring on or after July first, nine-
teen hundred seventy-one, BUT BEFORE JUNE SIXTEENTH, TWO THOUSAND TWEN-
TY-FOUR, of a dwelling located on such plot or parcel and owned by the
tenant where such transfer of title and possession is made to a member
of the tenant's immediate family provided that the member of the
tenant's immediate family occupies the dwelling with the tenant prior to
the transfer of title and possession for a continuous period of two
years.
§ 3. Subdivision a of section 5 of section 4 of chapter 576 of the
laws of 1974, constituting the emergency tenant protection act of nine-
teen seventy-four, is amended by adding a new paragraph 3-a to read as
follows:
(3-A) HOUSING ACCOMMODATIONS WHICH BECOME VACANT ON OR AFTER JUNE
SIXTEENTH, TWO THOUSAND TWENTY-FOUR, PROVIDED, HOWEVER, THAT THIS
EXEMPTION SHALL NOT APPLY TO OR BECOME EFFECTIVE WITH RESPECT TO HOUSING
ACCOMMODATIONS WHICH THE COMMISSIONER DETERMINES OR FINDS BECAME VACANT
BECAUSE THE LANDLORD OR ANY PERSON ACTING ON HIS OR HER BEHALF, WITH
INTENT TO CAUSE THE TENANT TO VACATE, ENGAGED IN ANY COURSE OF CONDUCT
(INCLUDING, BUT NOT LIMITED TO, INTERRUPTION OR DISCONTINUANCE OF
REQUIRED SERVICES) WHICH INTERFERED WITH OR DISTURBED OR WAS INTENDED TO
INTERFERE IN HIS OR HER USE OR OCCUPANCY OF THE HOUSING ACCOMMODATIONS;
§ 4. Section 26-504 of the administrative code of the city of New York
is amended by adding a new subdivision d to read as follows:
D. NOTWITHSTANDING ANY OF THE PROVISIONS OF THIS SECTION OR TITLE OR
ANY OTHER PROVISIONS OF LAW, THIS LAW SHALL NOT APPLY TO ANY HOUSING
ACCOMMODATION WHICH BECOMES VACANT ON OR AFTER JUNE SIXTEENTH, TWO THOU-
SAND TWENTY-FOUR PROVIDED, HOWEVER, THAT THIS EXEMPTION SHALL NOT APPLY
TO OR BECOME EFFECTIVE WITH RESPECT TO HOUSING ACCOMMODATIONS WHICH THE
COMMISSIONER DETERMINES OR FINDS BECAME VACANT BECAUSE THE LANDLORD OR
ANY PERSON ACTING ON HIS OR HER BEHALF, WITH INTENT TO CAUSE THE TENANT
A. 5623 3
TO VACATE, ENGAGED IN ANY COURSE OF CONDUCT (INCLUDING BUT NOT LIMITED
TO, INTERRUPTION OR DISCONTINUANCE OF REQUIRED SERVICES) WHICH INTERFER-
ED WITH OR DISTURBED OR WAS INTENDED TO INTERFERE WITH OR DISTURB THE
COMFORT, REPOSE, PEACE OR QUIET OF THE TENANT IN HIS OR HER USE OR OCCU-
PANCY OF THE HOUSING ACCOMMODATIONS.
§ 5. This act shall take effect immediately; provided, however, that
the amendments to the local emergency housing rent control act, made by
section two of this act, shall remain in full force and effect only so
long as the public emergency requiring the regulation and control of
residential rents and evictions continues, as provided in section 1 of
chapter 21 of the laws of 1962, as amended; and provided further that
the amendments to the rent stabilization law of nineteen hundred sixty-
nine, made by section four 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 the administrative code of the city of
New York.