NY State Senate Bill 2015-S2828B

Senate Bill S2828B

2015-2016 Legislative Session

Prohibits an owner from adjusting the amount of preferential rent upon the renewal of a lease

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Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development 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
May 24, 2016	print number 2828b
May 24, 2016	amend and recommit to housing, construction and community development
Mar 23, 2016	print number 2828a
Mar 23, 2016	amend and recommit to housing, construction and community development
Jan 06, 2016	referred to housing, construction and community development
Jan 29, 2015	referred to housing, construction and community development

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2015-S2828 - Details

See Assembly Version of this Bill:: A3809
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Emergency Tenant Protection Act of 1974
Laws Affected:: Amd §10, Emerg Ten Prot Act of 1974; amd §26-511, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2251, A465
2011-2012: S448, A1364
2013-2014: S1775, A5473
2017-2018: S3712, S6527, A741, A6285
2019-2020: S2845, A1509, A4349
2021-2022: A5770

2015-S2828 - Summary

Prohibits an owner from adjusting the amount of preferential rent, rent charged and paid by the tenant which is less than the legal regulated rent for the housing accommodation, upon the renewal of a lease; only allows the owner to make such adjustments upon a vacancy which is not the result of the failure of the owner to maintain a habitable residence.

2015-S2828 - Sponsor Memo

                                BILL NUMBER:S2828

TITLE OF BILL:

An act to amend the emergency tenant protection act of nineteen
seventy-four and the administrative code of the city of New York, in
relation to the regulation of rents

PURPOSE OR GENERAL IDEA OF BILL:

To prohibit an owner from adjusting the amount of preferential rent
upon the renewal of a lease.

SUMMARY OF SPECIFIC PROVISIONS:

Subdivision a-2 of section 10 of section 4 of chapter 576 provides
that where the amount of rent charged to and paid by the tenant is
less than the legal regulated rent for the housing accommodation, the
amount of rent for such housing accommodation may only be increased to
the previously established regulated rent, as adjusted by all
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 statutory warranty of
habitability. The law is also deletes provisions that permit an owner
to abandon a preferential rent upon renewal of a lease.

JUSTIFICATION:

As housing costs increase exponentially across the city of New York,
the displacement of working families and middle class residents from
rent regulated apartments has reached crisis proportions. Without
question, the displacement is aggravated by the ability of landlords
to abandon a preferential rent upon the renewal of a lease.

Prior to a change in law, a preferential rent was permanent for the
duration of a tenancy, and could only be increased upon vacancy.
However, as a result of an unfortunate provision inserted into the law
during the eleventh hour in 2003, landlords are now permitted to
abandon a discounted, preferential rent and impose the statutory rent
upon vacancy or renewal of a lease. Pursuant to this provision,
tenants throughout New York city have faced sudden, unanticipated and
staggering rent increases upon lease renewal, often forcing them out
of rent-regulated apartments.

Equally problematic, there is no "clean hands" requirement that the
landlord conduct itself responsibly in order to abandon a preferential
rent and impose the maximum rent upon a vacancy.  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 to dramatically increase the rent upon vacancy of an
apartment. As a result, current law encourages bad actors to deprive
tenants of a habitable apartment in order to benefit from the ability
to abandon a preferential rent.

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. Substantial modification of
the preferential rent provisions is an important step in that
direction.

PRIOR LEGISLATIVE HISTORY:

2009-2010; S.2251/A.465-A
2011-2012: S.44
2013-2014: S.1775

FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S2828 - Bill Text download pdf

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

                                  2828

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 29, 2015
                               ___________

Introduced  by  Sens. KRUEGER, AVELLA, DIAZ, HAMILTON, HASSELL-THOMPSON,
  HOYLMAN, PARKER, PERALTA, PERKINS, SERRANO, STAVISKY -- 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 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 13 of part B of chapter  97
of the laws of 2011, 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] ALL 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.   Where,  subsequent  to
vacancy,  such  legal  regulated  rent,  as  adjusted by the most recent
applicable guidelines increases and any other  increases  authorized  by
law is two thousand dollars or more per month or, for any housing accom-
modation  which  is  or becomes vacant on or after the effective date of
the rent act of 2011, is two thousand five hundred dollars or  more  per
month,  such housing accommodation shall be excluded from the provisions

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04320-01-5

S. 2828                             2

of this act pursuant to paragraph thirteen of subdivision a  of  section
five of this act.
  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 14 of part B
of chapter 97 of the laws of 2011, 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.   Where,  subsequent  to
vacancy, such legal regulated rent, as adjusted by [the most recent] ALL
applicable  guidelines  increases  and any other increases authorized by
law is two thousand dollars or more per month or, for any housing accom-
modation which is or becomes vacant on or after the  effective  date  of
the  rent  act of 2011, is two thousand five hundred dollars or more per
month, such housing accommodation shall be excluded from the  provisions
of this law pursuant to section 26-504.2 of this chapter.
  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.

co-Sponsors

View additional co-sponsors

2015-S2828A - Details

See Assembly Version of this Bill:: A3809
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Emergency Tenant Protection Act of 1974
Laws Affected:: Amd §10, Emerg Ten Prot Act of 1974; amd §26-511, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2251, A465
2011-2012: S448, A1364
2013-2014: S1775, A5473
2017-2018: S3712, S6527, A741, A6285
2019-2020: S2845, A1509, A4349
2021-2022: A5770

2015-S2828A - Summary

2015-S2828A - Sponsor Memo

                                 BILL NUMBER:  S2828A

 TITLE OF BILL :

An act to amend the emergency tenant protection act of nineteen
seventy-four and the administrative code of the city of New York, in
relation to the regulation of rents

 PURPOSE OR GENERAL IDEA OF BILL :

To prohibit an owner from adjusting the amount of preferential rent
upon the renewal of a lease.

 SUMMARY OF SPECIFIC PROVISIONS :

Subdivision a-2 of section 10 of section 4 of chapter 576 provides
that where the amount of rent charged to and paid by the tenant is
less than the legal regulated rent for the housing accommodation, the
amount of rent for such housing accommodation may only be increased to
the previously established regulated rent, as adjusted by all
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 statutory warranty of
habitability. The law is also deletes provisions that permit an owner
to abandon a preferential rent upon renewal of a lease.

 JUSTIFICATION :

As housing costs increase exponentially across the city of New York,
the displacement of working families and middle class residents from
rent regulated apartments has reached crisis proportions. Without
question, the displacement is aggravated by the ability of landlords
to abandon a preferential rent upon the renewal of a lease.

Prior to a change in law, a preferential rent was permanent for the
duration of a tenancy, and could only be increased upon vacancy.
However, as a result of an unfortunate provision inserted into the law
during the eleventh hour in 2003, landlords are now permitted to
abandon a discounted, preferential rent and impose the statutory rent
upon vacancy or renewal of a lease. Pursuant to this provision,
tenants throughout New York city have faced sudden, unanticipated and
staggering rent increases upon lease renewal, often forcing them out
of rent-regulated apartments.

Equally problematic, there is no "clean hands" requirement that the
landlord conduct itself responsibly in order to abandon a preferential
rent and impose the maximum rent upon a vacancy. 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 to dramatically increase the rent upon vacancy of an
apartment. As a result, current law encourages bad actors to deprive
tenants of a habitable apartment in order to benefit from the ability
to abandon a preferential rent.

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. Substantial modification of
the preferential rent provisions is an important step in that
direction.

 PRIOR LEGISLATIVE HISTORY :

2009-2010; S.2251/A.465-A
2011-2012: S.44
2013-2014: S.1775
2015-2016: S.2828A

 FISCAL-IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S2828A - Bill Text download pdf

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

                                 2828--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 29, 2015
                               ___________

Introduced   by   Sens.   KRUEGER,   AVELLA,   DIAZ,   DILAN,  HAMILTON,
  HASSELL-THOMPSON, HOYLMAN, PARKER, PERALTA,  PERKINS,  SERRANO,  SQUA-
  DRON,  STAVISKY -- read twice and ordered printed, and when printed to
  be committed to the Committee on Housing, Construction  and  Community
  Development  --  recommitted to the Committee on Housing, Construction
  and Community Development in accordance with Senate Rule 6, sec. 8  --
  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]  ALL  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04320-02-6

S. 2828--A                          2

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 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]  ALL  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 hous-
ing accommodation shall be excluded from the  provisions  of  this  code
pursuant  to section 26-504.2 of this chapter when, subsequent to vacan-
cy: (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 thereaft-
er, 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.

co-Sponsors

View additional co-sponsors

2015-S2828B (ACTIVE) - Details

See Assembly Version of this Bill:: A3809
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Emergency Tenant Protection Act of 1974
Laws Affected:: Amd §10, Emerg Ten Prot Act of 1974; amd §26-511, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2251, A465
2011-2012: S448, A1364
2013-2014: S1775, A5473
2017-2018: S3712, S6527, A741, A6285
2019-2020: S2845, A1509, A4349
2021-2022: A5770

2015-S2828B (ACTIVE) - Summary

2015-S2828B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2828B

 TITLE OF BILL :  An act to amend the emergency tenant protection act
of nineteen seventy-four and the administrative code of the city of
New York, in relation to the regulation of rents

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would prohibit an owner from adjusting the amount of
preferential rent upon the renewal of a lease.

 SUMMARY OF SPECIFIC PROVISIONS :

The bill would prohibit owners from increasing a less than legal
regulated rent to the legal regulated rent upon a lease renewal; only
upon a tenant's vacancy could an owner increase the less than legal
regulated rent. In addition, such a vacancy may not be caused by an
owner or an agent of the owner's the failure to maintain the housing
accommodation in a habitable condition.

 JUSTIFICATION :

As housing costs increase across the City of New York, the
displacement of working families and middle class residents from rent
regulated apartments has resulted in a housing crisis. The
displacement of rent regulated tenants has been aggravated by a

landlord's ability to abandon a preferential rent upon the renewal of
a lease.

Prior to a change in law, a preferential rent was permanent for the
duration of a tenancy and could only be increased upon vacancy.
However, as a result of amendments to the law in 2003, landlords are
now permitted to abandon a discounted, preferential rent and impose
the statutory rent upon vacancy or renewal of a lease. Pursuant to
this provision, tenants throughout New York City have faced sudden and
unanticipated rent increases upon lease renewal. As a result, many
tenants cannot pay new rental payments and have been forced out of
their rent-regulated apartments.

Equally problematic is that there is no "clean hands" requirement that
a landlord conduct him/herself responsibly when abandoning a
preferential rent and imposing the maximum rent upon vacancy. If a
tenant leaves an apartment that is uninhabitable due unsanitary
conditions, lack of heat, hot water, electricity, repairs, etc., a
landlord can precipitously increase rent upon the vacancy of an
apartment. As such, the law encourages bad actors to deprive tenants
of a habitable apartment in order to benefit from the ability to
abandon a preferential rent.

In order to stem the displacement crisis in New York City and preserve
the affordable housing stock available to working families and
moderate-income residents, the rent regulation laws are in need of
reform. This proposed amendment of the preferential rent provisions is
an important step in that direction.

 FISCAL IMPLICATIONS :

None to State.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S2828B (ACTIVE) - Bill Text download pdf

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

                                 2828--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 29, 2015
                               ___________

Introduced   by   Sens.   KRUEGER,   AVELLA,   DIAZ,   DILAN,  HAMILTON,
  HASSELL-THOMPSON, HOYLMAN, PARKER, PERALTA, PERKINS, SANDERS, SERRANO,
  SQUADRON, STAVISKY -- read twice and ordered printed, and when printed
  to be committed to the Committee on Housing, Construction and Communi-
  ty  Development  --  recommitted  to   the   Committee   on   Housing,
  Construction  and Community Development in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended  and  recommitted  to  said committee -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04320-05-6

S. 2828--B                          2

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)
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.

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Senate Bill S2828B

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Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Bill Amendments

co-Sponsors

2015-S2828 - Details

2015-S2828 - Summary

2015-S2828 - Sponsor Memo

2015-S2828 - Bill Text download pdf

co-Sponsors

2015-S2828A - Details

2015-S2828A - Summary

2015-S2828A - Sponsor Memo

2015-S2828A - Bill Text download pdf

co-Sponsors

2015-S2828B (ACTIVE) - Details

2015-S2828B (ACTIVE) - Summary

2015-S2828B (ACTIVE) - Sponsor Memo

2015-S2828B (ACTIVE) - Bill Text download pdf

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