Assembly Bill A7705

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7705
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 8, 2025
                                ___________
 
 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-SIX,  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] SUCH LANDLORD'S
 behalf, with intent to cause the tenant to vacate, engaged in any course
 of conduct (including, but not limited to,  interruption  or  discontin-
 uance  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] SUCH TENANT'S use or occupancy of the hous-
 ing accommodations; [and further provided that housing accommodations as
 to which a housing emergency has been declared pursuant to the emergency
 tenant  protection  act of nineteen 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.
                                                            LBD08978-01-5
              

 A. 7705                             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-SIX 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-SIX 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] SUCH LANDLORD'S
 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] SUCH TENANT'S use or occupancy of the hous-
 ing accommodations. The removal of any housing accommodation from  regu-
 lation  and  control  of  rents  pursuant  to  the  vacancy  [exemption]
 EXEMPTIONS provided for in this paragraph shall not constitute or  oper-
 ate  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,  nineteen  hundred  seventy-one, BUT BEFORE JUNE
 SIXTEENTH, TWO THOUSAND TWENTY-SIX, 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-SIX,  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  SUCH  LANDLORD'S  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 SUCH TENANT'S USE OR OCCUPANCY OF THE HOUSING ACCOMMO-
 DATIONS;
   § 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-SIX 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
 A. 7705                             3
 
 ANY  PERSON  ACTING  ON SUCH LANDLORD'S 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 WITH OR
 DISTURB THE COMFORT, REPOSE, PEACE  OR  QUIET  OF  THE  TENANT  IN  SUCH
 TENANT'S USE OR OCCUPANCY 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.