S T A T E O F N E W Y O R K
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4877--A
2025-2026 Regular Sessions
I N A S S E M B L Y
February 7, 2025
___________
Introduced by M. of A. SHRESTHA, SHIMSKY, KELLES, ROMERO, REYES,
GALLAGHER, LEVENBERG, BURROUGHS -- read once and referred to the
Committee on Housing -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the emergency tenant protection act of nineteen seven-
ty-four, in relation to enacting the rent emergency stabilization for
tenants act on local determinations of a housing emergency
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "rent emergency stabilization for tenants act".
§ 2. Section 3 of section 4 of chapter 576 of the laws of 1974,
constituting the emergency tenant protection act of nineteen seventy-
four, subdivision a as amended by chapter 69 of the laws of 1980, subdi-
visions d, f and g as added by chapter 698 of the laws of 2023 and
subdivision e as amended by chapter 100 of the laws of 2024, is amended
to read as follows:
§ 3. Local determination of emergency; end of emergency. a. The exist-
ence of public emergency requiring the regulation of residential rents
for all or any class or classes of housing accommodations, including any
plot or parcel of land which had been rented prior to May first, nine-
teen hundred fifty, for the purpose of permitting the tenant thereof to
construct or place [his] SUCH TENANT'S own dwelling thereon and on which
plot or parcel of land there exists a dwelling owned and occupied by a
tenant of such plot or parcel, heretofore destabilized; heretofore or
hereafter decontrolled, exempt, not subject to control, or exempted from
regulation and control under the provisions of the emergency housing
rent control law, the local emergency housing rent control act or the
New York city rent stabilization law of nineteen hundred sixty-nine; or
subject to stabilization or control under such rent stabilization law,
shall be a matter for local determination within each city, town or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05109-05-5
A. 4877--A 2
village. Any such determination shall be made by the local legislative
body of such city, town or village on the basis of the supply of housing
accommodations within such city, town or village, the condition of such
accommodations and the need for regulating and controlling residential
rents within such city, town or village.
[A] B. FOR A CITY HAVING A POPULATION OF ONE MILLION OR MORE RESI-
DENTS, A declaration of emergency may be made as to any class of housing
accommodations if the vacancy rate for the housing accommodations in
such class within such municipality is not in excess of five percent and
a declaration of emergency may be made as to all housing accommodations
if the vacancy rate for the housing accommodations within such munici-
pality is not in excess of five percent.
[b.] C. FOR A CITY HAVING A POPULATION OF LESS THAN ONE MILLION RESI-
DENTS OR A TOWN OR VILLAGE, THE LOCAL LEGISLATIVE BODY MAY DECLARE A
HOUSING EMERGENCY THROUGH THE PROCESS DESCRIBED IN PARAGRAPH ONE OR TWO
OF THIS SUBDIVISION. FOR SUCH A JURISDICTION WHERE A LOCAL LEGISLATIVE
BODY HAS DECLARED A HOUSING EMERGENCY PURSUANT TO THIS ACT PRIOR TO THE
EFFECTIVE DATE OF THIS SUBDIVISION, THE LOCAL LEGISLATIVE BODY MAY ADD
CLASSES OF ACCOMMODATION AS DESCRIBED IN PARAGRAPH 5-B OF SUBDIVISION A
OF SECTION FIVE OF THIS ACT, THROUGH THE PROCESS DESCRIBED IN PARAGRAPH
1 OR 2 OF THIS SUBDIVISION.
(1) THE LOCAL LEGISLATIVE BODY MAY DECLARE A HOUSING EMERGENCY AFTER
CONSIDERING PUBLICLY AVAILABLE DATA AND HOLDING PUBLIC HEARINGS. BEFORE
DECLARING SUCH EMERGENCY, THE LOCAL LEGISLATIVE BODY SHALL CONSIDER
PUBLICLY AVAILABLE DATA MEASURING OR ESTIMATING FACTORS SUCH AS: OVER-
ALL HOUSING SUPPLY, VACANCY RATE FOR HOUSING ACCOMMODATIONS, THE AVAIL-
ABILITY OF AFFORDABLE AND HABITABLE HOUSING ACCOMMODATIONS, RENT BURDENS
FOR TENANTS OR OTHER MEASURES OF HOUSING AFFORDABILITY, THE LOCAL OR
REGIONAL HOMELESSNESS RATE, AND THE NEED FOR REGULATING RENTS WITHIN
SUCH CITY, TOWN OR VILLAGE.
(2) THE LOCAL LEGISLATIVE BODY MAY DECLARE AN EMERGENCY AS TO ANY
CLASS OF HOUSING ACCOMMODATIONS IF THE VACANCY RATE FOR SUCH HOUSING
ACCOMMODATIONS IN SUCH CLASS WITHIN SUCH MUNICIPALITY IS NOT IN EXCESS
OF FIVE PERCENT AND A DECLARATION OF EMERGENCY MAY BE MADE AS TO ALL
HOUSING ACCOMMODATIONS IF THE VACANCY RATE FOR THE HOUSING ACCOMMO-
DATIONS WITHIN SUCH MUNICIPALITY IS NOT IN EXCESS OF FIVE PERCENT.
(I) A MUNICIPALITY OR A DESIGNEE, AS PART OF A STUDY TO DETERMINE ITS
VACANCY RATE, OWNERS, OR THEIR AGENT, OF HOUSING ACCOMMODATIONS IN THE
CLASS OF HOUSING ACCOMMODATIONS DETERMINED, SHALL PROVIDE THE MOST
RECENT RECORDS OF RENT ROLLS AND, IF AVAILABLE, RECORDS FOR THE PRECED-
ING THIRTY-SIX MONTHS. SUCH RECORDS SHALL INCLUDE THE TENANT'S RELEVANT
INFORMATION RELATING TO FINDING THE VACANCY RATE OF SUCH MUNICIPALITY
INCLUDING BUT NOT LIMITED TO THE NAME, ADDRESS, AND AMOUNT PAID OR
CHARGED ON A WEEKLY, MONTHLY, OR ANNUAL BASIS FOR EACH OCCUPIED HOUSING
ACCOMMODATION AND WHICH HOUSING ACCOMMODATIONS ARE VACANT AT THE TIME OF
THE SURVEY AND AVAILABLE FOR RENT. SUCH RECORDS SHALL ALSO INCLUDE ANY
HOUSING ACCOMMODATIONS THAT ARE VACANT AND NOT AVAILABLE FOR RENT AND
PROVIDE THE REASON WHY SUCH UNIT IS NOT AVAILABLE FOR RENT.
(II) A MUNICIPALITY MAY IMPOSE A CIVIL PENALTY OR FEE OF UP TO FIVE
HUNDRED DOLLARS ON AN OWNER OR THEIR AGENT IF SUCH OWNER OR THEIR AGENT
REFUSES TO PARTICIPATE IN SUCH VACANCY SURVEY AND COOPERATE WITH SUCH
MUNICIPALITY OR A DESIGNEE IN SUCH VACANCY SURVEY, OR SUBMITS KNOWINGLY
AND INTENTIONALLY FALSE VACANCY INFORMATION.
(III) A NONRESPONDENT OWNER SHALL BE DEEMED TO HAVE ZERO VACANCIES.
A. 4877--A 3
(IV) IDENTIFYING DATA OR INFORMATION SHALL BE KEPT CONFIDENTIAL AND
SHALL NOT BE SHARED, TRADED, GIVEN, OR SOLD TO ANY OTHER ENTITY FOR ANY
PURPOSE OUTSIDE OF SUCH VACANCY STUDY.
D. A CITY OF UNDER ONE MILLION RESIDENTS OR A TOWN OR VILLAGE MAY ADD
CLASSES OF ACCOMMODATION TO REGULATION UNDER THIS ACT IN BUILDINGS
CONTAINING FEWER THAN SIX UNITS.
E. The local governing body of a city, town or village having declared
an emergency pursuant to subdivision a, B, OR C of this section may at
any time, on the basis of the supply of housing accommodations within
such city, town or village, the condition of such accommodations and the
need for continued regulation and control of residential rents within
such municipality, declare that the emergency is either wholly or
partially abated or that the regulation of rents pursuant to this act
does not serve to abate such emergency and thereby remove one or more
classes of accommodations from regulation under this act. [The emergency
must be declared at an end once the vacancy rate described in subdivi-
sion a of this section exceeds five percent.
c.] F. No resolution declaring the existence or end of an emergency,
as authorized by [subdivisions] SUBDIVISION a [and], b OR C of this
section, may be adopted except after public hearing held on not less
than ten days public notice, as the local legislative body may reason-
ably provide.
[d. When requested by a municipality or a designee, as a part of a
study to determine its vacancy rate, owners, or their agent, of housing
accommodations in the class of housing accommodations determined, shall
provide the most recent records of rent rolls and, if available, records
for the preceding thirty-six months. Such records shall include the
tenant's relevant information relating to finding the vacancy rate of
such municipality including but not limited to the name, address, and
amount paid or charged on a weekly, monthly, or annual basis for each
occupied housing accommodation and which housing accommodations are
vacant at the time of the survey and available for rent. Such records
shall also include any housing accommodations that are vacant and not
available for rent and provide the reason why such unit is not available
for rent.
e. A municipality may impose a civil penalty or fee of up to five
hundred dollars on an owner or their agent if the owner or their agent
refuses to participate in such vacancy survey and cooperate with the
municipality or a designee in such vacancy survey, or submits knowingly
and intentionally false vacancy information.
f. A nonrespondent owner shall be deemed to have zero vacancies.
g. Identifying data or information shall be kept confidential and
shall not be shared, traded, given, or sold to any other entity for any
purpose outside of such vacancy study.]
§ 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 5-b to read as
follows:
(5-B) HOUSING ACCOMMODATIONS LOCATED IN A CITY HAVING A POPULATION OF
LESS THAN ONE MILLION RESIDENTS OR A TOWN OR VILLAGE IN BUILDINGS
COMPLETED OR BUILDINGS SUBSTANTIALLY REHABILITATED AS FAMILY UNITS WITH-
IN THE PAST FIFTEEN YEARS.
§ 4. This act shall take effect immediately.