S T A T E   O F   N E W   Y O R K
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                                    433
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced by M. of A. ROSENTHAL, LENTOL, DINOWITZ, GOTTFRIED, KAVANAGH,
   COLTON,  TITUS,  FARRELL,  ORTIZ,  BENEDETTO,  HOOPER,  GLICK, MOSLEY,
   ZEBROWSKI, WEPRIN, DAVILA, PICHARDO, BICHOTTE, MAYER, ABINANTI, SIMON,
   JOYNER, QUART, ROZIC, BLAKE, SEAWRIGHT, WALKER, RICHARDSON  --  Multi-
   Sponsored  by  --  M.  of A. COOK, CYMBROWITZ, JAFFEE, PEOPLES-STOKES,
   PERRY, PRETLOW, RIVERA, SEPULVEDA -- read once  and  referred  to  the
   Committee on Housing
 
 AN  ACT to amend the administrative code of the city of New York and the
   emergency tenant protection act of nineteen seventy-four, in  relation
   to  making conforming technical changes; and to repeal paragraph 13 of
   subdivision a of section 5 of section 4 of chapter 576 of the laws  of
   1974  constituting  the  emergency  tenant  protection act of nineteen
   seventy-four, paragraph (n) of subdivision 2 of section 2  of  chapter
   274  of  the  laws  of  1946,  constituting the emergency housing rent
   control law, and section 26-504.2 and subparagraph (k) of paragraph  2
   of  subdivision  e of section 26-403 of the administrative code of the
   city of New York, relating to vacancy decontrol
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings  and  declaration of emergency. The
 legislature hereby finds and declares that the serious public  emergency
 which  led  to the enactment of the existing laws regulating residential
 rents and evictions continues to exist;  that  such  laws  would  better
 serve  the public interest if certain changes were made thereto, includ-
 ing the continued regulation  of  certain  housing  accommodations  that
 become  vacant  and  the  reinstatement of regulation of certain housing
 accommodations that have been deregulated upon vacancy.
   The legislature further  recognizes  that  severe  disruption  of  the
 rental  housing market has occurred and threatens to be exacerbated as a
 result of the present state of the law in relation to  the  deregulation
 of  housing  accommodations  upon  vacancy.  The situation has permitted
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07086-01-7

 A. 433                              2
 
 speculative and profiteering practices and has brought about the loss of
 vital and irreplaceable affordable housing for working persons and fami-
 lies.
   The legislature therefore declares that in order to prevent uncertain-
 ty,  potential  hardship  and  dislocation  of tenants living in housing
 accommodations subject to  government  regulations  as  to  rentals  and
 continued occupancy as well as those not subject to such regulation, the
 provisions of this act are necessary to protect the public health, safe-
 ty  and  general  welfare.  The necessity in the public interest for the
 provisions hereinafter enacted is hereby declared as a matter of  legis-
 lative determination.
   § 2. Paragraph (n) of subdivision 2 of section 2 of chapter 274 of the
 laws  of  1946,  constituting the emergency housing rent control law, is
 REPEALED.
   § 3. Paragraph 13 of subdivision a of section 5 of section 4 of  chap-
 ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
 protection act of nineteen seventy-four, is REPEALED.
   § 4. Subparagraph (k) of paragraph  2  of  subdivision  e  of  section
 26-403 of the administrative code of the city of New York is REPEALED.
   §  5.  Section  26-504.2 of the administrative code of the city of New
 York is REPEALED.
   § 6. Any housing accommodations that prior to the  effective  date  of
 this   act  were  excluded  from  coverage  from  the  emergency  tenant
 protection act of nineteen  seventy-four,  the  emergency  housing  rent
 control  law or the administrative code of the city of New York pursuant
 to the provisions of law repealed by sections two, three, four and  five
 of  this act, and where such housing accommodations were located outside
 the city of New York and were rented to a tenant between January 1, 2013
 and the effective date of this act for less  than  $3,500.00  per  month
 regardless  of  any subsequent payment of a higher monthly rent, or were
 located within the city of New York and were rented to a tenant  between
 January  1,  2013  and  the  effective  date  of  this act for less than
 $5,000.00 per month, regardless of any subsequent payment  of  a  higher
 monthly  rent,  shall  be  subject to the provisions of such act, law or
 administrative code, respectively.   Notwithstanding the  provisions  of
 any  lease  or  rental  agreement,  the  legal regulated rent or maximum
 collectible rent of any housing accommodation excluded  from  regulation
 prior  to  the  effective  date  of this act by reason of the provisions
 repealed by sections two, three, four and five  of  this  act  and  made
 subject  to  regulation  shall  be  the  actual rent paid by a tenant on
 December 31, 2014 or, if no rent was  paid  for  such  accommodation  on
 December 31, 2014, the most recent actual rent paid by a tenant for such
 accommodation  prior to December 31, 2014, subject to further adjustment
 in accordance with applicable provisions of law.
   § 7. 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. [Such housing accommodation 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

 A. 433                              3

 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 thou-
 sand 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.]
   § 8. 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.  [Such  housing  accommodation  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) 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.]
   § 9. This act shall take effect immediately; provided, however, that:
   (a)  the  amendments to section 26-511 of chapter 4 of title 26 of the
 administrative code of the city of New York made  by  section  seven  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 subdivision (a-2) of section 10 of section 4  of
 the  emergency  tenant  protection  act of nineteen seventy-four made by
 section eight 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.