S T A T E   O F   N E W   Y O R K
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                                  5040

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 29, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed  to be committed to the Committee on Housing, Construction and
  Community Development

AN ACT to amend the administrative code of the city of New York and  the
  emergency  housing  rent control law, in relation to the establishment
  of rent adjustments; and repealing certain provisions of the  adminis-
  trative code of the city of New York relating thereto

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

  Section 1. Paragraph 5 of subdivision  a  of  section  26-405  of  the
administrative  code  of  the  city  of  New  York is amended to read as
follows:
  (5) Where a maximum rent established pursuant to this  chapter  on  or
after  January  first,  nineteen hundred seventy-two, is higher than the
previously existing maximum  rent,  the  landlord  may  not  collect  AN
INCREASE  FROM A TENANT IN OCCUPANCY IN ANY ONE YEAR PERIOD OF more than
THE LESSER OF EITHER seven  and  one-half  percentum  [increase  from  a
tenant in occupancy on such date in any one year period, provided howev-
er,  that  where]  OR  AN AVERAGE OF THE PREVIOUS FIVE YEARS OF ONE-YEAR
RENT INCREASES ON RENT STABILIZED APARTMENTS AS ESTABLISHED BY THE  RENT
GUIDELINES  BOARD,  PURSUANT  TO SUBDIVISION B OF SECTION 26-510 OF THIS
TITLE. IF the period for which the rent is established exceeds one year,
regardless of how the collection thereof is averaged over  such  period,
the  rent  the  landlord  shall  be entitled to receive during the first
twelve months shall not be increased by more than THE LESSER  OF  EITHER
seven and one-half percentum OR AN AVERAGE OF THE PREVIOUS FIVE YEARS OF
ONE-YEAR  RENT INCREASES ON RENT STABILIZED APARTMENTS AS ESTABLISHED BY
THE RENT GUIDELINES BOARD, PURSUANT TO SUBDIVISION B OF  SECTION  26-510
OF THIS TITLE, over the previous rent [and]. ANY additional annual rents
shall not exceed THE LESSER OF EITHER seven and one-half percentum OR AN
AVERAGE  OF  THE  PREVIOUS FIVE YEARS OF ONE-YEAR RENT INCREASES ON RENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04218-01-5
              

S. 5040                             2

STABILIZED APARTMENTS AS  ESTABLISHED  BY  THE  RENT  GUIDELINES  BOARD,
PURSUANT  TO  SUBDIVISION B OF SECTION 26-510 OF THIS TITLE, of the rent
paid during the previous year.  Notwithstanding  any  of  the  foregoing
limitations  in  this paragraph five, maximum rent shall be increased if
ordered by the agency pursuant to subparagraphs (d), (e), (f), (g), (h),
(i), (k), [(l),] OR (m) [or (n)] of paragraph one of  subdivision  g  of
this  section.  [Commencing January first, nineteen hundred eighty, rent
adjustments pursuant to subparagraph (n) of paragraph one of subdivision
g of this section shall be excluded from the maximum rent when computing
the seven and one-half percentum increase authorized by  this  paragraph
five.]  Where  a housing accommodation is vacant on January first, nine-
teen hundred seventy-two, or  becomes  vacant  thereafter  by  voluntary
surrender of possession by the tenants, the maximum rent established for
such accommodations may be collected.
  S  2.  Subparagraphs  (l)  and  (n) of paragraph 1 of subdivision g of
section 26-405 of the administrative code of the city of  New  York  are
REPEALED.
  S  3.  Section  4 of chapter 274 of the laws of 1946, constituting the
emergency housing rent control law, is amended by adding a new  subdivi-
sion 9 to read as follows:
  9.  NO  ANNUAL  RENT  INCREASE  AUTHORIZED  PURSUANT TO THIS ACT SHALL
EXCEED THE AVERAGE OF THE PREVIOUS FIVE ANNUAL RENTAL INCREASES  AUTHOR-
IZED  BY  A RENT GUIDELINES BOARD FOR A RENT STABILIZED UNIT PURSUANT TO
SECTION  4  OF  THE  EMERGENCY  TENANT  PROTECTION   ACT   OF   NINETEEN
SEVENTY-FOUR.
  S 4. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a  law; provided that the amendments to section
26-405 of the city rent and rehabilitation law made by  section  one  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 provided that the
amendments to section 4 of the emergency housing rent control  law  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  in
subdivision 2 of section 1 of chapter 274 of the laws of 1946.