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.