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

                                 3809--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M. of A. WRIGHT, ROSENTHAL, GOTTFRIED, MOSLEY, BICHOTTE,
  PICHARDO, JOYNER, LINARES -- read once and referred to  the  Committee
  on  Housing  --  recommitted to the Committee on Housing in accordance
  with Assembly Rule 3, sec. 2 -- 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 and the administrative code  of  the  city  of  New  York,  in
  relation to the regulation of rents

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

  Section 1. Subdivision (a-2) of section 10 of section 4 of chapter 576
of the laws of 1974, constituting the emergency tenant protection act of
nineteen seventy-four, as amended by section 11 of part A of chapter  20
of the laws of 2015, is amended to read as follows:
  (a-2)  Provides  that  where the amount of rent charged to and paid by
the tenant is less than the legal regulated rent for the housing  accom-
modation, the amount of rent for such housing accommodation which may be
charged  [upon  renewal  or] upon vacancy thereof, may, at the option of
the owner, be based upon such  previously  established  legal  regulated
rent, as adjusted by the most recent applicable guidelines increases and
other  increases authorized by law; PROVIDED, HOWEVER, THAT SUCH VACANCY
SHALL NOT BE CAUSED BY THE FAILURE OF THE  OWNER  OR  AN  AGENT  OF  THE
OWNER,  TO  MAINTAIN  THE  HOUSING  ACCOMMODATION IN COMPLIANCE WITH THE
WARRANTY OF HABITABILITY SET FORTH IN SUBDIVISION  ONE  OF  SECTION  TWO
HUNDRED  THIRTY-FIVE-B  OF THE REAL PROPERTY LAW.  Such housing accommo-
dation shall be excluded from the provisions of  this  act  pursuant  to
paragraph  thirteen  of  subdivision  a of section five of this act when
subsequent to vacancy: (i) such legal regulated  rent  is  two  thousand
five  hundred  dollars per month, or more, for any housing accommodation
that is, or becomes, vacant after the effective date of the rent act  of
2011  but  prior  to  the effective date of the rent act of 2015 or (ii)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04320-04-6
              

A. 3809--A                          2

such legal regulated rent is two  thousand  seven  hundred  dollars  per
month or more for any housing accommodation that is or becomes vacant on
or after the rent act of 2015; starting on January 1, 2016, and annually
thereafter,  the  maximum  legal  regulated  rent  for this deregulation
threshold, shall also be increased by  the  same  percent  as  the  most
recent  one  year  renewal  adjustment,  adopted  by the applicable rent
guidelines board pursuant to the rent stabilization law.
  S 2. Paragraph 14 of subdivision c of section 26-511 of  the  adminis-
trative code of the city of New York, as amended by section 12 of part A
of chapter 20 of the laws of 2015, is amended to read as follows:
  (14) provides that where the amount of rent charged to and paid by the
tenant  is  less  than the legal regulated rent for the housing accommo-
dation, the amount of rent for such housing accommodation which  may  be
charged  [upon  renewal  or] upon vacancy thereof, may, at the option of
the owner, be based upon such  previously  established  legal  regulated
rent, as adjusted by the most recent applicable guidelines increases and
any  other  increases  authorized  by  law; PROVIDED, HOWEVER, THAT SUCH
VACANCY SHALL NOT BE CAUSED BY THE FAILURE OF THE OWNER OR AN  AGENT  OF
THE  OWNER, TO MAINTAIN THE HOUSING ACCOMMODATION IN COMPLIANCE WITH THE
WARRANTY OF HABITABILITY SET FORTH IN SUBDIVISION  ONE  OF  SECTION  TWO
HUNDRED  THIRTY-FIVE-B  OF THE REAL PROPERTY LAW.  Such housing accommo-
dation shall be excluded from the provisions of this  code  pursuant  to
section  26-504.2  of this chapter when, subsequent to vacancy: (i) such
legal regulated rent prior to  vacancy  is  two  thousand  five  hundred
dollars  per  month,  or  more, for any housing accommodation that is or
becomes vacant after the effective date of the  rent  act  of  2011  but
prior  to  the effective date of the rent act of 2015 or (ii) such legal
regulated rent is two thousand seven hundred dollars per month or  more,
provided,  however that on January 1, 2016, and annually thereafter, the
maximum legal regulated rent for this deregulation  threshold  shall  be
adjusted  by  the  same  percentage  as the most recent one year renewal
adjustment as adjusted by the relevant rent guidelines  board,  for  any
housing accommodation that is or becomes vacant on or after the rent act
of 2015.
  S  3.  This act shall take effect immediately; provided, however, that
the amendments to section 10 of the emergency tenant protection  act  of
nineteen  seventy-four  made  by section one 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 provided, further, that the amendments to section 26-511 of the rent
stabilization  law of nineteen hundred sixty-nine made by section two 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.