S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    954
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced  by  M.  of  A.  KAVANAGH,  ORTIZ,  MOSLEY, DAVILA, PICHARDO,
   BICHOTTE, COLTON, JOYNER,  WALKER,  SEAWRIGHT,  SEPULVEDA,  ROSENTHAL,
   GOTTFRIED -- read once and referred to the Committee on Housing
 
 AN  ACT  to  amend  the administrative code of the city of New York, the
   emergency tenant protection act of nineteen seventy-four, the emergen-
   cy housing rent control law and the local emergency rent control  act,
   in  relation  to  rent  increases  after vacancy of a housing accommo-
   dation; and to repeal certain provisions of the administrative code of
   the city of New York and the emergency tenant protection act of  nine-
   teen seventy-four relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 5-a of subdivision c of  section  26-511  of  the
 administrative code of the city of New York is REPEALED.
   §  2.  Subdivision  (a-1) of section 10 of section 4 of chapter 576 of
 the laws of 1974, constituting the emergency tenant  protection  act  of
 nineteen seventy-four is REPEALED.
   § 3. Subdivision f of section 26-512 of the administrative code of the
 city  of  New  York,  as  added  by  chapter 116 of the laws of 1997, is
 amended to read as follows:
   f. Notwithstanding any provision of this law to the  contrary  in  the
 case where all tenants named in a lease have permanently vacated a hous-
 ing accommodation and a family member of such tenant or tenants is enti-
 tled  to  and  executes a renewal lease for the housing accommodation if
 such accommodation continues to be subject to this law after such family
 member vacates, on the occurrence of such vacancy  the  legal  regulated
 rent  shall  be increased by a sum equal to the allowance then in effect
 for vacancy leases[, including the amount allowed by paragraph  (five-a)
 of  subdivision c of section 26-511 of this law]. Such increase shall be
 in addition to any other increases provided for in this law including an
 adjustment based upon a major  capital  improvement,  or  a  substantial
 modification  or increase of dwelling space or services, or installation
 of new  equipment  or  improvements  or  new  furniture  or  furnishings
 provided  in  or to the housing accommodation pursuant to section 26-511
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01122-01-7

 A. 954                              2
 
 of this law and shall be applicable in like manner to each second subse-
 quent succession.
   §  4.  Subdivision  g  of section 6 of section 4 of chapter 576 of the
 laws of 1974, constituting the emergency tenant protection act of  nine-
 teen  seventy-four,  as  added  by  chapter  116 of the laws of 1997, is
 amended to read as follows:
   g. Notwithstanding any provision of this act to the  contrary  in  the
 case where all tenants named in a lease have permanently vacated a hous-
 ing accommodation and a family member of such tenant or tenants is enti-
 tled  to  and  executes a renewal lease for the housing accommodation if
 such accommodation continues to be subject to this act after such family
 member vacates, on the occurrence of such vacancy  the  legal  regulated
 rent  shall  be increased by a sum equal to the allowance then in effect
 for vacancy leases[, including the amount allowed by  subdivision  (a-1)
 of  section ten of this act].  Such increase shall be in addition to any
 other increases provided for in this act including an  adjustment  based
 upon  a  major  capital  improvement,  or  a substantial modification or
 increase of dwelling space or services, or installation of new equipment
 or improvements or new furniture or furnishings provided in  or  to  the
 housing  accommodation,  pursuant  to THIS section [six of this act] and
 shall be applicable in like manner to each second subsequent succession.
   § 5. Subdivision 9 of section 5 of chapter 274 of the  laws  of  1946,
 constituting the emergency housing rent control law, as added by chapter
 116 of the laws of 1997, is amended to read as follows:
   9.  Notwithstanding  any  provision of this law to the contrary in the
 case where all tenants occupying the housing accommodation on the effec-
 tive date of this subdivision have vacated the housing accommodation and
 a family member of such vacating tenant or tenants is  entitled  to  and
 continues to occupy the housing accommodation subject to the protections
 of  this  law, if such accommodation continues to be subject to this law
 after such family member vacates, on the occurrence of such vacancy  the
 maximum collectable rent shall be increased by a sum equal to the allow-
 ance  then  in  effect  for  vacancy  leases  for housing accommodations
 covered by the rent stabilization law of nineteen  hundred  sixty-nine[,
 including  the  amount  allowed  by paragraph five-a of subdivision c of
 section 26-511 of such law]. This increase shall be in addition  to  any
 other  increases provided in this law including an adjustment based upon
 a major capital improvement, or a substantial increase  or  decrease  in
 dwelling  space  or  a change in the services, furniture, furnishings or
 equipment provided in the housing  accommodation,  pursuant  to  section
 four  of  this law and shall be applicable in like manner to each second
 subsequent succession.
   § 6. Section 26-403.2 of the administrative code of the  city  of  New
 York, as added by chapter 116 of the laws of 1997, is amended to read as
 follows:
   §  26-403.2  Increase in maximum collectable rent. Notwithstanding any
 provision of this law to the contrary in  the  case  where  all  tenants
 occupying  the  housing  accommodation  on  the  effective  date of this
 section have vacated the housing accommodation and a  family  member  of
 such  vacating  tenant or tenants is entitled to and continues to occupy
 the housing accommodation subject to the protections  of  this  law,  if
 such accommodation continues to be subject to this law after such family
 member  vacates, on the occurrence of such vacancy the maximum collecta-
 ble rent shall be increased by a sum equal  to  the  allowance  then  in
 effect for vacancy leases for housing accommodations covered by the rent
 stabilization  law of nineteen hundred sixty-nine[, including the amount

 A. 954                              3

 allowed by paragraph five-a of subdivision c of section 26-511  of  such
 law]. This increase shall be in addition to any other increases provided
 for  in  this  law  including  an  adjustment based upon a major capital
 improvement,  or a substantial increase or decrease in dwelling space or
 a change in the services, furniture, furnishings or  equipment  provided
 in the housing accommodation, pursuant to section 26-405 of this law and
 shall be applicable in like manner to each second subsequent succession.
   § 7. The sixth undesignated paragraph of subdivision 5 of section 1 of
 chapter  21  of  the laws of 1962, constituting the local emergency rent
 control act, as amended by chapter 82 of the laws of 2003, is amended to
 read as follows:
   Notwithstanding any provision of this act to the contrary,  any  local
 law  adopted pursuant to this act shall provide that notwithstanding any
 provision of such local law in the case where all tenants occupying  the
 housing  accommodation  on  the  effective  date  of this paragraph have
 vacated the housing accommodation and a family member of  such  vacating
 tenant  or  tenants  is  entitled to and continues to occupy the housing
 accommodation subject to the protections of such act, if  such  accommo-
 dation  continues  to  be  subject  to such act after such family member
 vacates, on the occurrence of such vacancy the maximum collectable  rent
 shall  be  increased  by a sum equal to the allowance then in effect for
 vacancy leases for housing accommodations covered by the rent stabiliza-
 tion law of nineteen hundred sixty-nine[, including the  amount  allowed
 by paragraph (5-a) of subdivision c of section 26-511 of such law]. This
 increase  shall  be  in  addition to any other increases provided for in
 this act and shall be applicable in like manner to  each  second  subse-
 quent succession.
   § 8. This act shall take effect immediately; provided that:
   (a)  the  amendments to section 26-512 of chapter 4 of title 26 of the
 administrative code of the city of New York 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 under section 26-520 of
 such law; and
   (b) the amendments to section 6 of the emergency tenant protection act
 of nineteen seventy-four made by section four 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
   (c) the amendments to section 5 of the emergency housing rent  control
 law  made  by  section five 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; and
   (d) the amendments to section 26-403.2 of the city rent and  rehabili-
 tation  law  made  by section six 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
   (e) the amendments to subdivision 5 of section 1 of the local emergen-
 cy  housing  rent  control act, made by section seven of this act, shall
 not affect the effectiveness of such subdivision and shall cease  to  be
 in  full force and effect pursuant to subdivision 3 of section 1 of such
 act.