Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 19, 2016 |
print number 3588a |
May 19, 2016 |
amend (t) and recommit to housing, construction and community development |
Jan 06, 2016 |
referred to housing, construction and community development |
Feb 12, 2015 |
referred to housing, construction and community development |
Senate Bill S3588A
2015-2016 Legislative Session
Sponsored By
(D, WF) Senate District
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
Actions
Bill Amendments
2015-S3588 - Details
- See Assembly Version of this Bill:
- A1880
- Current Committee:
- Senate Housing, Construction And Community Development
- Law Section:
- Emergency Tenant Protection Act of 1974
- Laws Affected:
- Amd §6, Emerg Ten Prot Act of 1974
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S7674, A9785
2017-2018: S4568, A2239
2019-2020: S2203
2021-2022: S3365
2023-2024: S1235
2015-S3588 - Sponsor Memo
BILL NUMBER:S3588 TITLE OF BILL: An act to amend chapter 576 of the laws of 1974 constituting the emergency tenant protection act, in relation to capping the amount of collectible rent increases due to major capital improvements at six percent of the legal regulated rent PURPOSE: This bill creates consistency between New York City and the ETPA counties (Westchester, Rockland, and Nassau). SUMMARY OF PROVISIONS: Section 1 amends paragraph 3 of subdivision d of section 6 of section 4 of chapter 576 of the laws of 1974, the emergency tenant protection act of 1974, as amended by chapter 749 of the laws of 1990, to ensure the collectible increase in rent to amortize the cost of the major capital improvement shall not exceed six percent of the legal regulated rent registered pursuant to section twelve-a of this act. Section 2 establishes the effective date JUSTIFICATION:
2015-S3588 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3588 2015-2016 Regular Sessions I N S E N A T E February 12, 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 chapter 576 of the laws of 1974 constituting the emer- gency tenant protection act, in relation to capping the amount of collectible rent increases due to major capital improvements at six percent of the legal regulated rent THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 3 of subdivision d of section 6 of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, as amended by chapter 749 of the laws of 1990, is amended to read as follows: (3) there has been since January first, nineteen hundred seventy-four a major capital improvement required for the operation, preservation or maintenance of the structure. An adjustment under this paragraph shall be in an amount sufficient to amortize the cost of the improvements pursuant to this paragraph over a seven-year period; PROVIDED THAT THE COLLECTIBLE INCREASE IN RENT ATTRIBUTABLE TO AN ADJUSTMENT UNDER THIS PARAGRAPH SHALL NOT EXCEED SIX PERCENT OF THE LEGAL REGULATED RENT REGISTERED PURSUANT TO SECTION TWELVE-A OF THIS ACT, or S 2. This act shall take effect immediately; provided, however, that the amendment to section 4 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, as amended. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00299-01-5
2015-S3588A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A1880
- Current Committee:
- Senate Housing, Construction And Community Development
- Law Section:
- Emergency Tenant Protection Act of 1974
- Laws Affected:
- Amd §6, Emerg Ten Prot Act of 1974
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S7674, A9785
2017-2018: S4568, A2239
2019-2020: S2203
2021-2022: S3365
2023-2024: S1235
2015-S3588A (ACTIVE) - Sponsor Memo
BILL NUMBER: S3588A TITLE OF BILL : An act to amend the emergency tenant protection act of nineteen seventy-four, in relation to capping the amount of collectible rent increases due to major capital improvements at six percent of the legal regulated rent PURPOSE OR GENERAL IDEA OF BILL : This bill prohibits the temporary retroactive rent increase or surcharge prior to the approval of the MCI application for rent stabilized apartments. Under current law, landlords are entitled to collect a retroactive surcharge, which is the amount owed between the effective date and the collectable date of the DHCR order granting the MCI. If the application is approved, in addition to the increase becoming a part of the tenants' base rent, the landlord is entitled to collect the increase retroactively, between the "effective date" and "collectable date," in the form of a temporary surcharge. The rent increase (the surcharge and the base rent increase) cannot be collected from the tenants until the application is approved, so the surcharge is collected temporarily in addition to the increased base rent after the collectable date. This bill would bring rent stabilized apartments in line with rent controlled apartments, eliminating the retroactive temporary surcharge and allowing landlords to begin
2015-S3588A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3588--A 2015-2016 Regular Sessions I N S E N A T E February 12, 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 -- 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, in relation to capping the amount of collectible rent increases due to major capital improvements at six percent of the legal regulated rent THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 3 of subdivision d of section 6 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 30 of part A of chapter 20 of the laws of 2015, is amended to read as follows: (3) there has been since January first, nineteen hundred seventy-four a major capital improvement required for the operation, preservation or maintenance of the structure. An adjustment under this paragraph shall be in an amount sufficient to amortize the cost of the improvements pursuant to this paragraph over an eight-year period for a building with thirty-five or fewer housing accommodations, or a nine-year period for a building with more than thirty-five housing accommodations, for any determination issued by the division of housing and community renewal after the effective date of the rent act of 2015; PROVIDED THAT THE COLLECTION OF ANY INCREASE IN THE LEGAL REGULATED RENT FOR ANY HOUSING ACCOMMODATION PURSUANT TO THIS PARAGRAPH SHALL NOT EXCEED SIX PERCENT IN ANY YEAR FROM THE EFFECTIVE DATE OF THE ORDER GRANTING THE INCREASE OVER THE LEGAL REGULATED RENT REGISTERED PURSUANT TO SECTION TWELVE-A OF THIS ACT, WITH COLLECTIBILITY OF ANY DOLLAR EXCESS ABOVE SAID SUM TO BE SPREAD FORWARD IN SIMILAR INCREMENTS AND ADDED TO THE LEGAL REGULATED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00299-08-6
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