NY State Assembly Bill 2009-A463

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to housing
Jan 07, 2009	referred to housing

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2009-A463 (ACTIVE) - Details

See Senate Version of this Bill:: S1332
Current Committee:: Assembly Housing
Law Section:: New York City Administrative Code
Laws Affected:: Rpld §26-511 sub c ¶5-a, amd §§26-512 & 26-403.2, NYC Ad Cd; rpld §10 sub (a-1), amd §6, Emerg Ten Prot Act; amd §5, Emerg Hous Rent Cont L; amd §1, Chap 21 of 1962
Versions Introduced in Other Legislative Sessions:: 2011-2012: A1309, S2699
2013-2014: A7343, S1040
2015-2016: A5567, S951
2017-2018: A954, A9815, S1593
2019-2020: A2351, S185

2009-A463 (ACTIVE) - Summary

Repeals provisions permitting rent increases after vacancy of a housing accommodation.

2009-A463 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A463

TITLE  OF BILL:   An act to amend the administrative code of the city of
New York, the emergency tenant protection act of nineteen  seventy-four,
the  emergency  housing  rent  control  law and the local emergency rent
control act, in relation to rent increases after vacancy  of  a  housing
accommodation  and  to  repeal  certain provisions of the administrative
code of the city of New York and the emergency tenant protection act  of
nineteen seventy-four relating thereto

PURPOSE  OF  THE  BILL: To protect tenants by repealing the ability of a
landlord to obtain a twenty percent increase in  rent  pursuant  to  the
statutory  vacancy  bonus  provision  of the Emergency Tenant Protection
Act.

SUMMARY OF SPECIFIC PROVISIONS: This legislation amends the  administra-
tive  code  of the city of New York, the emergency tenant protection act
of nineteen seventy-four, the emergency housing rent control law and the
local emergency rent control act, in relation to  rent  increases  after
vacancy  of  a housing accommodation and to repeal certain provisions of
the administration code of the city of New York and the emergency tenant
protection act of nineteen seventy-four,  that  permits  a  landlord  to
increase  the  legally  permissible  rent  by  twenty percent (20%) upon
vacancy of a rent-regulated apartment.

JUSTIFICATION: As housing costs increase exponentially across  the  city

of New York, the displacement of working families and middle class resi-
dents  from  rent-regulated  apartments  has reached crisis proportions.
Undoubtedly, the displacement is aggravated by the ability of  landlords
to  increase  rent  by  twenty percent once an apartment becomes vacant,
thereby getting closer to the decontrol threshold once the rent  reaches
the two thousand dollar per month level.

Under  current  law,  there  are  no limitations imposed on a landlord's
eligibility for a statutory vacancy bonus. Accordingly, a  landlord  can
benefit  from  the vacancy bonus multiple times per year, rapidly trans-
forming an affordable apartment into one that is market-rate and  decon-
trolled.

Equally  problematic,  there  is  no  "clean hands" requirement that the
landlord conduct itself responsibly in order to benefit from the  bonus.
Consequently,  if a tenant leaves an apartment that is uninhabitable due
to lack of heat, hot water, electricity, repairs or sanitary conditions,
the landlord remains eligible for the twenty percent  increase  in  rent
upon  vacancy. As a result, current law encourages bad actors to deprive
tenants of a habitable apartment in order to benefit from the  statutory
vacancy bonus.

In  order to stem the displacement crisis in New York City, and preserve
the affordable housing stock that remains available to working  families
and  moderate-income  residents, the rent regulation laws are in need of

comprehensive  reform.  The  repeal  of  the  statutory  vacancy   bonus
provision is an important step in that direction.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS:  None.

EFFECTIVE DATE: This act shall take effect immediately.

2009-A463 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   463

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
  tee on Housing

AN  ACT  to  amend  the administrative code of the city of New York, the
  emergency tenant protection act of nineteen seventy-four, the emergen-
  cy housing rent control law and the local emergency rent control  act,
  in relation to rent increases after vacancy of a housing accommodation
  and  to  repeal  certain  provisions of the administrative code of the
  city of New York and the emergency tenant protection act  of  nineteen
  seventy-four relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph 5-a of subdivision c of  section  26-511  of  the
administrative code of the city of New York is REPEALED.
  S  2.  Subdivision  (a-1) of section 10 of section 4 of chapter 576 of
the laws of 1974, constituting the emergency tenant  protection  act  of
nineteen seventy-four is REPEALED.
  S 3. Subdivision f of section 26-512 of the administrative code of the
city  of  New  York,  as  added  by  chapter 116 of the laws of 1997, is
amended to read as follows:
  f. Notwithstanding any provision of this law to the  contrary  in  the
case where all tenants named in a lease have permanently vacated a hous-
ing accommodation and a family member of such tenant or tenants is enti-
tled  to  and  executes a renewal lease for the housing accommodation if
such accommodation continues to be subject to this law after such family
member vacates, on the occurrence of such vacancy  the  legal  regulated
rent  shall  be increased by a sum equal to the allowance then in effect
for vacancy leases[, including the amount allowed by paragraph  (five-a)
of  subdivision c of section 26-511 of this law]. Such increase shall be
in addition to any other increases provided for in this law including an
adjustment based upon a major  capital  improvement,  or  a  substantial

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

                                                           LBD00213-01-9

A. 463                              2

modification  or increase of dwelling space or services, or installation
of new  equipment  or  improvements  or  new  furniture  or  furnishings
provided  in  or to the housing accommodation pursuant to section 26-511
of this law and shall be applicable in like manner to each second subse-
quent succession.
  S  4.  Subdivision  g  of section 6 of section 4 of chapter 576 of the
laws of 1974, constituting the emergency tenant protection act of  nine-
teen  seventy-four,  as  added  by  chapter  116 of the laws of 1997, is
amended to read as follows:
  g. Notwithstanding any provision of this act to the  contrary  in  the
case where all tenants named in a lease have permanently vacated a hous-
ing accommodation and a family member of such tenant or tenants is enti-
tled  to  and  executes a renewal lease for the housing accommodation if
such accommodation continues to be subject to this act after such family
member vacates, on the occurrence of such vacancy  the  legal  regulated
rent  shall  be increased by a sum equal to the allowance then in effect
for vacancy leases[, including the amount allowed by  subdivision  (a-1)
of  section ten of this act].  Such increase shall be in addition to any
other increases provided for in this act including an  adjustment  based
upon  a  major  capital  improvement,  or  a substantial modification or
increase of dwelling space or services, or installation of new equipment
or improvements or new furniture or furnishings provided in  or  to  the
housing  accommodation,  pursuant  to THIS section [six of this act] and
shall be applicable in like manner to each second subsequent succession.
  S 5. Subdivision 9 of section 5 of chapter 274 of the  laws  of  1946,
constituting the emergency housing rent control law, as added by chapter
116 of the laws of 1997, is amended to read as follows:
  9.  Notwithstanding  any  provision of this law to the contrary in the
case where all tenants occupying the housing accommodation on the effec-
tive date of this subdivision have vacated the housing accommodation and
a family member of such vacating tenant or tenants is  entitled  to  and
continues to occupy the housing accommodation subject to the protections
of  this  law, if such accommodation continues to be subject to this law
after such family member vacates, on the occurrence of such vacancy  the
maximum collectable rent shall be increased by a sum equal to the allow-
ance  then  in  effect  for  vacancy  leases  for housing accommodations
covered by the rent stabilization law of nineteen  hundred  sixty-nine[,
including  the  amount  allowed  by paragraph five-a of subdivision c of
section 26-511 of such law]. This increase shall be in addition  to  any
other  increases provided in this law including an adjustment based upon
a major capital improvement, or a substantial increase  or  decrease  in
dwelling  space  or  a change in the services, furniture, furnishings or
equipment provided in the housing  accommodation,  pursuant  to  section
four  of  this law and shall be applicable in like manner to each second
subsequent succession.
  S 6. Section 26-403.2 of the administrative code of the  city  of  New
York, as added by chapter 116 of the laws of 1997, is amended to read as
follows:
  S  26-403.2  Increase in maximum collectable rent. Notwithstanding any
provision of this law to the contrary in  the  case  where  all  tenants
occupying  the  housing  accommodation  on  the  effective  date of this
section have vacated the housing accommodation and a  family  member  of
such  vacating  tenant or tenants is entitled to and continues to occupy
the housing accommodation subject to the protections  of  this  law,  if
such accommodation continues to be subject to this law after such family
member  vacates, on the occurrence of such vacancy the maximum collecta-

A. 463                              3

ble rent shall be increased by a sum equal  to  the  allowance  then  in
effect for vacancy leases for housing accommodations covered by the rent
stabilization  law of nineteen hundred sixty-nine[, including the amount
allowed  by  paragraph five-a of subdivision c of section 26-511 of such
law]. This increase shall be in addition to any other increases provided
for in this law including an  adjustment  based  upon  a  major  capital
improvement,  or a substantial increase or decrease in dwelling space or
a change in the services, furniture, furnishings or  equipment  provided
in the housing accommodation, pursuant to section 26-405 of this law and
shall be applicable in like manner to each second subsequent succession.
  S 7. The sixth undesignated paragraph of subdivision 5 of section 1 of
chapter  21  of  the laws of 1962, constituting the local emergency rent
control act, as amended by chapter 82 of the laws of 2003, is amended to
read as follows:
  Notwithstanding any provision of this act to the contrary,  any  local
law  adopted pursuant to this act shall provide that notwithstanding any
provision of such local law in the case where all tenants occupying  the
housing  accommodation  on  the  effective  date  of this paragraph have
vacated the housing accommodation and a family member of  such  vacating
tenant  or  tenants  is  entitled to and continues to occupy the housing
accommodation subject to the protections of such act, if  such  accommo-
dation  continues  to  be  subject  to such act after such family member
vacates, on the occurrence of such vacancy the maximum collectable  rent
shall  be  increased  by a sum equal to the allowance then in effect for
vacancy leases for housing accommodations covered by the rent stabiliza-
tion law of nineteen hundred sixty-nine[, including the  amount  allowed
by paragraph (5-a) of subdivision c of section 26-511 of such law]. This
increase  shall  be  in  addition to any other increases provided for in
this act and shall be applicable in like manner to  each  second  subse-
quent succession.
  S 8. This act shall take effect immediately; provided that:
  (a) the amendments to section 6 of the emergency tenant protection act
of  nineteen  seventy-four made by section four of this act shall expire
on the same date as such act expires and shall not affect the expiration
of such act as provided in section 17 of chapter  576  of  the  laws  of
1974; and
  (b)  the amendments to section 5 of the emergency housing rent control
law made by section five of this act shall expire on the  same  date  as
such  law  expires  and  shall  not affect the expiration of such law as
provided in subdivision 2 of section 1 of chapter 274  of  the  laws  of
1946; and
  (c)  the  amendments to section 26-512 of chapter 4 of title 26 of the
administrative code of the city of New York made  by  section  three  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
such law; and
  (d) the amendments to section 26-403.2 of the city rent and  rehabili-
tation  law  made  by section six of this act shall remain in full force
and effect only as long as the public emergency requiring the regulation
and control of residential rents and evictions continues, as provided in
subdivision 3 of section 1 of the local emergency housing  rent  control
act.

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Assembly Bill A463

Sponsored By

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

multi-Sponsors

2009-A463 (ACTIVE) - Details

2009-A463 (ACTIVE) - Summary

2009-A463 (ACTIVE) - Sponsor Memo

2009-A463 (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A463

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Sponsored By

JEFFRIES

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Joan Millman

Mike Spano

Rory Lancman

Ellen C. Jaffee

multi-Sponsors

William Boyland

Herman D. Farrell

Richard Gottfried

Jose Rivera

2009-A463 (ACTIVE) - Details

2009-A463 (ACTIVE) - Summary

2009-A463 (ACTIVE) - Sponsor Memo

2009-A463 (ACTIVE) - Bill Text download pdf

Comments