NY State Senate Bill 2017-S6925

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
Oct 20, 2017	referred to rules

co-Sponsors

2017-S6925 (ACTIVE) - Details

See Assembly Version of this Bill:: A268
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-405, rpld sub g ¶1 sub¶¶ (l) & (n), NYC Ad Cd; amd §4, Emerg Hous Rent Cont L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7881
2015-2016: S5040, A398
2019-2020: S299, A167

2017-S6925 (ACTIVE) - Summary

Relates to the establishment of rent adjustments.

2017-S6925 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6925

SPONSOR: BENJAMIN
 
TITLE OF BILL:  An act to amend the administrative code of the city of
New York and the emergency housing rent control law, in relation to the
establishment of rent adjustments; and repealing certain provisions of
the administrative code of the city of New York relating thereto

 
PURPOSE:

This bill would create parity between the maximum rent increases eligi-
ble for rent controlled and rent stabilized apartments. It would require
the Department of Housing and Community Renewal to cap the percentage
rent increase available to owners of rent controlled apartments at a
rate on par with recent Rent Guidelines Board adjustments for 1-year
renewal leases.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends subdivision (a) of paragraph 5 of section 26-405 of
the administrative code of the city of New York.

Section two repeals subparagraphs (1) and (n) of paragraph 1 of subdivi-
sion g of section 26-405 of the administrative cede of the city of New
York.

Section three amends section 4 of chapter 274 of the laws of.1946 by
adding a new subdivision 9.

Section four sets forth the effective date.

 
JUSTIFICATION:

Many rent controlled tenants are currently subject to steep rent
increases calculated using an abstruse formula. Rent increases in rent
stabilized apartments are set by the Rent Guidelines Boards (one in New
York City and one each in Nassau, Westchester and Rockland counties)
using a formula that taken into account a wide range of economic
factors. Certain owners of rent-controlled apartments are entitled to
automatic raise rents up to 7.5 percent each year, rates higher than
average increases for rent stabilized apartments.

This bill would create parity between the two systems by capping rent
controlled rent increases at a level equal to the average of the previ-
ous 5 ROB rent increases for 1-year rent stabilized renewal leases. This
will prevent rent controlled apartment rents from inflating farther
beyond their rent stabilized counterparts, while maintaining the system
of rent control increases currently in place and the protections it
affords.

 
LEGISLATIVE HISTORY:

2015-16: A.398 - Advanced to Third Reading Calendar; S.5040 - Referred
to Housing
2013-14: A.7881 - Ordered to Third Reading Rules Calendar

 
FISCAL IMPLICATIONS:

Undetermined.
 
EFFECTIVE DATE:
This bill shall take effect on the one hundred and eightieth day after
it shall have become a law; provided that the amendments to section
26-405 of the city rent and rehabilitation law made by sections one and
two 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 provided that the
amendments to section 4 of the emergency housing rent control law made
by section four 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.

2017-S6925 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6925
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             October 20, 2017
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the administrative code of the city of New York and  the
   emergency  housing  rent control law, in relation to the establishment
   of rent adjustments; and repealing certain provisions of the  adminis-
   trative code of the city of New York relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 5 of subdivision  a  of  section  26-405  of  the
 administrative  code  of  the  city  of  New  York is amended to read as
 follows:
   (5) Where a maximum rent established pursuant to this  chapter  on  or
 after  January  first,  nineteen hundred seventy-two, is higher than the
 previously existing maximum  rent,  the  landlord  may  not  collect  AN
 INCREASE  FROM A TENANT IN OCCUPANCY IN ANY ONE YEAR PERIOD OF more than
 THE LESSER OF EITHER seven  and  one-half  percentum  [increase  from  a
 tenant in occupancy on such date in any one year period, provided howev-
 er,  that  where]  OR  AN AVERAGE OF THE PREVIOUS FIVE YEARS OF ONE-YEAR
 RENT INCREASES ON RENT STABILIZED APARTMENTS AS ESTABLISHED BY THE  RENT
 GUIDELINES  BOARD,  PURSUANT  TO SUBDIVISION B OF SECTION 26-510 OF THIS
 TITLE. IF the period for which the rent is established exceeds one year,
 regardless of how the collection thereof is averaged over  such  period,
 the  rent  the  landlord  shall  be entitled to receive during the first
 twelve months shall not be increased by more than THE LESSER  OF  EITHER
 seven and one-half percentum OR AN AVERAGE OF THE PREVIOUS FIVE YEARS OF
 ONE-YEAR  RENT INCREASES ON RENT STABILIZED APARTMENTS AS ESTABLISHED BY
 THE RENT GUIDELINES BOARD, PURSUANT TO SUBDIVISION B OF  SECTION  26-510
 OF THIS TITLE, over the previous rent [and]. ANY additional annual rents
 shall not exceed THE LESSER OF EITHER seven and one-half percentum OR AN
 AVERAGE  OF  THE  PREVIOUS FIVE YEARS OF ONE-YEAR RENT INCREASES ON RENT
 STABILIZED APARTMENTS AS  ESTABLISHED  BY  THE  RENT  GUIDELINES  BOARD,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01712-01-7

 S. 6925                             2
 
 PURSUANT  TO  SUBDIVISION B OF SECTION 26-510 OF THIS TITLE, of the rent
 paid during the previous year.  Notwithstanding  any  of  the  foregoing
 limitations  in  this paragraph five, maximum rent shall be increased if
 ordered by the agency pursuant to subparagraphs (d), (e), (f), (g), (h),
 (i),  (k),  [(l),]  OR (m) [or (n)] of paragraph one of subdivision g of
 this section. [Commencing January first, nineteen hundred  eighty,  rent
 adjustments pursuant to subparagraph (n) of paragraph one of subdivision
 g of this section shall be excluded from the maximum rent when computing
 the  seven  and one-half percentum increase authorized by this paragraph
 five.] Where a housing accommodation is vacant on January  first,  nine-
 teen  hundred  seventy-two,  or  becomes  vacant thereafter by voluntary
 surrender of possession by the tenants, the maximum rent established for
 such accommodations may be collected.
   § 2. Subparagraphs (l) and (n) of paragraph  1  of  subdivision  g  of
 section  26-405  of  the administrative code of the city of New York are
 REPEALED.
   § 3. Section 4 of chapter 274 of the laws of  1946,  constituting  the
 emergency  housing rent control law, is amended by adding a new subdivi-
 sion 9 to read as follows:
   9. NO ANNUAL RENT INCREASE  AUTHORIZED  PURSUANT  TO  THIS  ACT  SHALL
 EXCEED  THE AVERAGE OF THE PREVIOUS FIVE ANNUAL RENTAL INCREASES AUTHOR-
 IZED BY A RENT GUIDELINES BOARD FOR A RENT STABILIZED UNIT  PURSUANT  TO
 SECTION  4  OF  THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-
 FOUR.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided  that  the  amendments  to  section
 26-405  of  the  city rent and rehabilitation law made by section one 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 provided  that  the
 amendments  to  section 4 of the emergency housing rent control law 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 in
 subdivision 2 of section 1 of chapter 274 of the laws of 1946.

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Senate Bill S6925

Sponsored By

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

co-Sponsors

2017-S6925 (ACTIVE) - Details

2017-S6925 (ACTIVE) - Summary

2017-S6925 (ACTIVE) - Sponsor Memo

2017-S6925 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6925

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Sponsored By

Brian Benjamin

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

co-Sponsors

Brad Hoylman-Sigal

Liz Krueger

Luis R. Sepúlveda

2017-S6925 (ACTIVE) - Details

2017-S6925 (ACTIVE) - Summary

2017-S6925 (ACTIVE) - Sponsor Memo

2017-S6925 (ACTIVE) - Bill Text download pdf

Comments