S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6285
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 1, 2017
                                ___________
 
 Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the emergency tenant protection act of  nineteen  seven-
   ty-four  and  the  administrative  code  of  the  city of New York, in
   relation to the regulation of rents

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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; PROVIDED, HOWEVER, THAT SUCH  VACANCY
 SHALL  NOT  BE  CAUSED  BY  THE  FAILURE OF THE OWNER OR AN AGENT OF THE
 OWNER, TO MAINTAIN THE HOUSING  ACCOMMODATION  IN  COMPLIANCE  WITH  THE
 WARRANTY  OF  HABITABILITY  SET  FORTH IN SUBDIVISION ONE OF SECTION TWO
 HUNDRED THIRTY-FIVE-B OF THE REAL PROPERTY  LAW;  AND  FURTHER  PROVIDED
 THAT  SUCH  INCREASE  TO THE PREVIOUSLY ESTABLISHED LEGAL REGULATED RENT
 SHALL NOT EXCEED: FIVE PERCENT OF THE PREVIOUS LEGAL REGULATED  RENT  IF
 THE LAST VACANCY LEASE COMMENCED LESS THAN TWO YEARS AGO; TEN PERCENT OF
 THE  PREVIOUS  LEGAL  REGULATED RENT IF THE LAST VACANCY LEASE COMMENCED
 LESS THAN THREE YEARS AGO; FIFTEEN PERCENT OF THE PREVIOUS  LEGAL  REGU-
 LATED RENT IF THE LAST VACANCY LEASE COMMENCED LESS THAN FOUR YEARS AGO;
 AND  TWENTY  PERCENT  OF  THE  PREVIOUS LEGAL REGULATED RENT IF THE LAST
 VACANCY LEASE COMMENCED FOUR OR MORE YEARS AGO.  Such  housing  accommo-
 dation  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
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06860-03-7

 A. 6285                             2

 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.
   § 2. 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; PROVIDED, HOWEVER, THAT SUCH
 VACANCY SHALL NOT BE CAUSED BY THE FAILURE OF THE OWNER OR AN  AGENT  OF
 THE  OWNER, TO MAINTAIN THE HOUSING ACCOMMODATION IN COMPLIANCE WITH THE
 WARRANTY OF HABITABILITY SET FORTH IN SUBDIVISION  ONE  OF  SECTION  TWO
 HUNDRED  THIRTY-FIVE-B  OF  THE  REAL PROPERTY LAW; AND FURTHER PROVIDED
 THAT SUCH INCREASE TO THE PREVIOUSLY ESTABLISHED  LEGAL  REGULATED  RENT
 SHALL  NOT  EXCEED: FIVE PERCENT OF THE PREVIOUS LEGAL REGULATED RENT IF
 THE LAST VACANCY LEASE COMMENCED LESS THAN TWO YEARS AGO; TEN PERCENT OF
 THE PREVIOUS LEGAL REGULATED RENT IF THE LAST  VACANCY  LEASE  COMMENCED
 LESS  THAN  THREE YEARS AGO; FIFTEEN PERCENT OF THE PREVIOUS LEGAL REGU-
 LATED RENT IF THE LAST VACANCY LEASE COMMENCED LESS THAN FOUR YEARS AGO;
 AND TWENTY PERCENT OF THE PREVIOUS LEGAL  REGULATED  RENT  IF  THE  LAST
 VACANCY  LEASE  COMMENCED  FOUR OR MORE YEARS AGO. Such housing accommo-
 dation 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 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 thousand 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.
   §  3.  This act shall take effect immediately; provided, however, that
 the amendments to section 10 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;
 and provided, further, that the amendments to section 26-511 of the rent
 stabilization  law of nineteen hundred sixty-nine made by section two 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.