Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Aug 03, 2010 |
3rd reading cal.1425 substituted for s1863b |
Apr 14, 2010 |
referred to housing, construction and community development delivered to senate passed assembly |
Feb 25, 2010 |
advanced to third reading cal.701 |
Feb 23, 2010 |
reported |
Feb 03, 2010 |
referred to housing |
Assembly Bill A9854
2009-2010 Legislative Session
Sponsored By
ROSENTHAL
Archive: Last Bill Status - On Floor Calendar
- 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
Actions
co-Sponsors
Jonathan Bing
Vito Lopez
Michael Benedetto
Joan Millman
multi-Sponsors
Inez Barron
William Boyland
James F. Brennan
Nelson Castro
2009-A9854 (ACTIVE) - Details
- See Senate Version of this Bill:
- S1863
- Law Section:
- Private Housing Finance Law
- Laws Affected:
- Add ยง35-a, Priv Hous Fin L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A1926, S531
2013-2014: A1128
2015-2016: A723
2017-2018: A4159
2019-2020: A957
2021-2022: A1904
2023-2024: A467
2025-2026: A887
2009-A9854 (ACTIVE) - Sponsor Memo
BILL NUMBER:A9854 REVISED 3/23/10 TITLE OF BILL: An act to amend the private housing finance law, in relation to limited profit housing companies in a city with a population of one million or more PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to protect tenants in Mitchell-Lama developments which become subject to Rent Stabilization or the Emergency Tenant Protection Act by prohibiting an Owner from applying for a rent increase based on unique and peculiar circumstances when a project withdraws from this program. SUMMARY OF SPECIFIC PROVISIONS: This bill would add a new section 35-a to the Private Housing Finance Law. The legislation provides that the initial legal regulated rent after the dissolution date fora limited profit housing development subject to the rent stabilization law of 1969 or the emergency tenant protection act of 1974 shall be the last rent authorized for the affected dwelling unit. The bill further states that the legal regulated rent shall not be subject to adjustment pursuant to Section 26-513 of the New York City administrative code ("unique and peculiar" clause). JUSTIFICATION: This bill will protect the thousands of Mitchell-Lama tenants who live in rental apartments. Until a recent Court of Appeals ruling in 2005, tenants in the affected buildings were reasonably protected upon dissolution from the Mitchell-Lama program because they
2009-A9854 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9854 I N A S S E M B L Y February 3, 2010 ___________ Introduced by M. of A. ROSENTHAL, BING, V. LOPEZ, BENEDETTO, MILLMAN, JEFFRIES, ROBINSON, ESPAILLAT, COOK, WRIGHT, CAMARA, MARKEY, BENJAMIN, PHEFFER, TITONE, MAISEL, LANCMAN, O'DONNELL, DINOWITZ, KAVANAGH, P. RIVERA, TITUS, CYMBROWITZ, SPANO, POWELL, COLTON, BROOK-KRASNY -- Multi-Sponsored by -- M. of A. BARRON, BOYLAND, BRENNAN, CASTRO, FARRELL, GLICK, GOTTFRIED, HEASTIE, HEVESI, KELLNER, MAYERSOHN, J. RIVERA, N. RIVERA, TOWNS -- read once and referred to the Committee on Housing AN ACT to amend the private housing finance law, in relation to limited profit housing companies in a city with a population of one million or more THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The private housing finance law is amended by adding a new section 35-a to read as follows: S 35-A. RENT FOLLOWING DISSOLUTION. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "AFFECTED DEVELOPMENT" SHALL MEAN HOUSING ACCOMMODATIONS THAT (I) PRIOR TO THE DISSOLUTION DATE WERE OPERATED AS A RENTAL DEVELOPMENT PURSUANT TO THIS ARTICLE; AND (II) FOLLOWING THE DISSOLUTION DATE ARE SUBJECT TO THE RENT STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE OR THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR. (B) "AFFECTED DWELLING UNIT" SHALL MEAN A HOUSING UNIT IN AN AFFECTED DEVELOPMENT. (C) "AFFECTED HOUSING COMPANY" SHALL MEAN A LIMITED-PROFIT HOUSING COMPANY WITH AN AFFECTED DEVELOPMENT. (D) "DISSOLUTION DATE" SHALL MEAN, WITH RESPECT TO ANY AFFECTED DEVEL- OPMENT, THE DATE OF DISSOLUTION OR RECONSTITUTION OF THE AFFECTED HOUS- ING COMPANY WITH SUCH AFFECTED DEVELOPMENT PURSUANT TO SECTION THIRTY-FIVE OF THIS ARTICLE. 2. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW, (I) THE INITIAL LEGAL REGULATED RENT FOR ANY AFFECTED DWELLING UNIT ON AND AFTER THE DISSOLUTION DATE SHALL BE THE LAST RENT AUTHORIZED FOR THE AFFECTED DWELLING UNIT BEFORE THE DISSOLUTION DATE, INCLUDING RENTAL EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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