S T A T E   O F   N E W   Y O R K
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                                  7343

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 13, 2013
                               ___________

Introduced by M. of A. KAVANAGH -- 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 accommo-
  dation; and to repeal certain provisions of the administrative code of
  the city of New York and the emergency tenant protection act of  nine-
  teen 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administrative code of the city of New York is REPEALED.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nineteen seventy-four is REPEALED.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
modification  or increase of dwelling space or services, or installation

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00557-01-3
              

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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-
ble rent shall be increased by a sum equal  to  the  allowance  then  in

A. 7343                             3

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 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
  (b) 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
  (c)  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
  (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; and
  (e) the amendments to subdivision 5 of section 1 of the local emergen-
cy housing rent control act, made by section seven of  this  act,  shall
not  affect  the effectiveness of such subdivision and shall cease to be
in full force and effect pursuant to subdivision 3 of section 1 of  such
act.