NY State Senate Bill 2017-S1593

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to housing, construction and community development
Jan 10, 2017	referred to housing, construction and community development

co-Sponsors

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2017-S1593 (ACTIVE) - Details

See Assembly Version of this Bill:: A9815
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Rpld §26-511 sub c ¶5-a, amd §§26-512 & 26-403.2, NYC Ad Cd; rpld §10 sub (a-1), amd §6, Emerg Ten Prot Act of 1974; amd §5, Emerg Hous Rent Cont L; amd §1, Chap 21 of 1962
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1332, A463
2011-2012: S2699, A1309
2013-2014: S1040, A7343
2015-2016: S951, A5567
2019-2020: S185, A2351

2017-S1593 (ACTIVE) - Summary

Repeals provisions permitting rent increases after vacancy of a housing accommodation.

2017-S1593 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1593

 TITLE OF BILL :  An act to amend the administrative code of the city
of New York, the emergency tenant protection act of nineteen
seventy-four, the emergency housing rent control law and the local
emergency rent control act, in relation to rent increases after
vacancy of a housing accommodation; and to repeal certain provisions
of the administrative code of the city of New York and the emergency
tenant protection act of nineteen seventy-four relating thereto

 PURPOSE OF THE BILL :

To protect tenants by repealing the ability of a landlord to obtain a
twenty percent increase in rent pursuant to the statutory vacancy
bonus provision of the Emergency Tenant Protection Act.

 SUMMARY OF SPECIFIC PROVISIONS :

This legislation amends the administrative code of the City of New
York, the emergency tenant protection act of nineteen seventy-four,
the emergency housing rent control law and the local emergency rent
control act, in relation to rent increases after vacancy of a housing
accommodation and to repeal certain provisions of the administration
code of the city of New York and the emergency tenant protection act
of nineteen seventy-four, that permits a landlord to increase the
legally permissible rent by twenty percent (20%) upon vacancy of a

rent-regulated apartment.

 JUSTIFICATION :

As housing costs increase rapidly across New York City, the
displacement of working families and middle class residents from
rent-regulated apartments has reached crisis proportions. Undoubtedly,
the ability of landlords to increase rent by 20% in the event of a
vacancy, thus bringing a unit closer to the decontrol threshold of
$2500 per month, has been a significant factor.

Under current law, a landlord is eligible for a statutory vacancy
bonus once per year when an apartment becomes vacant. Accordingly, a
landlord can rapidly transform an affordable apartment into one that
is market-rate and decontrolled.

Equally problematic, there is no "clean hands" requirement that
landlords conduct themselves responsibly in order to benefit from the
bonus. 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 for the twenty
percent increase in rent upon vacancy. As a result, current law
creates incentives for bad actors to deprive tenants of a habitable
apartment in order to benefit from the statutory vacancy bonus. 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. The repeal of the statutory vacancy
bonus provision is an important step in that direction.

 PRIOR LEGISLATIVE HISTORY :

2008: S.8155 - Referred to Housing, Construction, and Community
Development
2009-10: Senate & Assembly Referred to Housing
2011-12: S.2699- Referred to Housing, Construction, and Community
Development
2013-14: S.1040- Referred to Housing, Construction, and Community
Development

2015-16: S.951- Referred to Housing, Construction, and Community
Development

 FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately; provided that:
(a) 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
(b) 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
(c) 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
(d) the amendments to section 26-403.2 of the city rent and
rehabilitation 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
emergency 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.

2017-S1593 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1593
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by Sens. SERRANO, HAMILTON, HOYLMAN, KRUEGER, PARKER, PERAL-
   TA, PERKINS, SANDERS, SQUADRON -- 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, 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

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

 S. 1593                             2
 
 provided  in  or to the housing accommodation pursuant to section 26-511
 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

 S. 1593                             3
 
 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
 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.

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Senate Bill S1593

Sponsored By

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

co-Sponsors

2017-S1593 (ACTIVE) - Details

2017-S1593 (ACTIVE) - Summary

2017-S1593 (ACTIVE) - Sponsor Memo

2017-S1593 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1593

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Sponsored By

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

co-Sponsors

2017-S1593 (ACTIVE) - Details

2017-S1593 (ACTIVE) - Summary

2017-S1593 (ACTIVE) - Sponsor Memo

2017-S1593 (ACTIVE) - Bill Text download pdf

Comments