S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8413--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2019
                                ___________
 
 Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
   Committee on Codes -- reported and referred to the Committee on  Rules
   --  Rules  Committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to the Committee on Rules
 
 AN ACT to amend the administrative code of the  city  of  New  York,  to
   amend  the  emergency  tenant protection act of nineteen seventy-four,
   and to amend part C of chapter 36 of the laws of  2019,  amending  the
   administrative  code  of the city of New York and the emergency tenant
   protection act of nineteen seventy-four relating to vacancy of certain
   housing accommodations and to amend the  emergency  tenant  protection
   act  of  nineteen seventy-four and the administrative code of the city
   of New York relating to prohibiting a  county  rent  guidelines  board
   from establishing rent adjustments for class A dwelling units based on
   certain  considerations,  in  relation  to  rent guidelines boards; to
   amend part D of chapter 36 of the laws of 2019 amending the  emergency
   tenant  protection  act of nineteen seventy-four relating to vacancies
   in certain housing accommodations, in relation to making certain tech-
   nical corrections; to amend the emergency  tenant  protection  act  of
   nineteen  seventy-four  and the administrative code of the city of New
   York, in relation to vacancy decontrol; to  amend  the  administrative
   code  of  the city of New York, the emergency tenant protection act of
   nineteen seventy-four and the emergency housing rent control  law,  in
   relation  to recovery of certain housing accommodations by a landlord;
   to amend the emergency tenant protection act of nineteen seventy-four,
   the administrative code of the city of New York, the emergency housing
   rent control law, and to amend part K of chapter 36  of  the  laws  of
   2019,  amending the emergency tenant protection act of nineteen seven-
   ty-four and other laws, relating to a temporary increase  in  rent  in
   certain  cases,  in  relation  to  rent increases in certain cases; to
   amend the public housing law, in relation to  annual  reports  by  the
   state commissioner of housing and community renewal; to amend the real
   property  law,  in  relation  to notices required to tenants; to amend
   part M of chapter 36 of the laws of 2019, amending the  real  property
   law, and other laws, relating to enacting the "statewide housing secu-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13412-06-9

 A. 8413--A                          2
 
   rity and tenant protection act of 2019", in relation to the effective-
   ness of certain provisions thereof; to amend the real property law, in
   relation  to  the content of rent-to-own contracts pertaining to manu-
   factured  or mobile homes; to amend the emergency housing rent control
   law, in relation to adjustments of maximum rent; and to repeal certain
   provisions of the emergency housing rent control law and the  adminis-
   trative 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.  Subdivision j of section 26-510 of the administrative code
 of the city of New York, as added by section 1 of part C of  chapter  36
 of the laws of 2019, is amended to read as follows:
   j. Notwithstanding any other provision of this law, the adjustment for
 vacancy leases covered by the provisions of this law shall be determined
 exclusively  pursuant  to  this  section.  [County]  THE rent guidelines
 [boards] BOARD shall no longer promulgate adjustments for vacancy leases
 unless otherwise authorized by this chapter.
   § 2. Subdivision e of section 4 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 section 2 of part C of chapter 36 of  the
 laws of 2019, is amended to read as follows:
   e. Notwithstanding any other provision of this act, the adjustment for
 vacancy leases covered by the provisions of this act shall be determined
 exclusively  pursuant  to  section  ten  of this act. [County rent] RENT
 guidelines boards shall no longer  promulgate  adjustments  for  vacancy
 leases.
   §  3. The opening paragraph of subdivision b of section 4 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 3 of part
 C of chapter 36 of the laws of 2019, is amended to read as follows:
   A  county  rent guidelines board shall establish annual guidelines for
 rent adjustments which, at its sole discretion may be varied and differ-
 ent for and within the several zones and jurisdictions of the board, and
 in determining whether rents for housing accommodations as to  which  an
 emergency  has  been  declared  pursuant  to this act shall be adjusted,
 shall consider among other things (1)  the  economic  condition  of  the
 residential  real  estate  industry  in the affected area including such
 factors as the prevailing and projected (i) real estate taxes and  sewer
 and  water  rates,  (ii)  gross  operating  maintenance costs (including
 insurance rates, governmental fees, cost of fuel and labor costs), (iii)
 costs and availability of financing (including effective rates of inter-
 est), (iv) over-all supply of housing accommodations and over-all vacan-
 cy rates, (2) relevant data from  the  current  and  projected  cost  of
 living indices for the affected area, (3) such other data as may be made
 available to it. As soon as practicable after its creation and thereaft-
 er not later than July first of each year, a rent guidelines board shall
 file  with the state division of housing and community renewal its find-
 ings for the preceding calendar year, and shall accompany such  findings
 with  a  statement  of  the maximum rate or rates of rent adjustment, if
 any, for one or more classes  of  accommodation  subject  to  this  act,
 authorized  for  leases or other rental agreements commencing during the
 next succeeding twelve months. The standards for rent adjustments may be
 applicable for the entire county or may  be  varied  according  to  such

 A. 8413--A                          3
 
 zones  or  jurisdictions within such county as the board finds necessary
 to achieve the purposes of this subdivision.  A [county] rent guidelines
 board shall not establish annual guidelines for rent  adjustments  based
 on  the  current rental cost of a unit or on the amount of time that has
 elapsed since another rent increase  was  authorized  pursuant  to  this
 chapter.
   §  4.  Section 5 of part C of chapter 36 of the laws of 2019, amending
 the administrative code of the city of New York and the emergency tenant
 protection act of nineteen seventy-four relating to vacancy  of  certain
 housing  accommodations and to amend the emergency tenant protection act
 of nineteen seventy-four and the administrative code of the city of  New
 York  relating to prohibiting a county rent guidelines board from estab-
 lishing rent adjustments for class A dwelling  units  based  on  certain
 considerations, is amended to read as follows:
   §  5.  This act shall take effect immediately; PROVIDED, FURTHER, THAT
 THE AMENDMENTS TO SECTION 26-510 OF CHAPTER 4 OF TITLE 26 OF THE  ADMIN-
 ISTRATIVE  CODE OF THE CITY OF NEW YORK MADE BY SECTIONS ONE AND 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 UNDER  SECTION  26-520  OF
 SUCH LAW.
   §  5.  Section  6 of part D of chapter 36 of the laws of 2019 amending
 the emergency tenant protection act of nineteen  seventy-four,  relating
 to  vacancies  in  certain housing accommodations, is amended to read as
 follows:
   § 6. Paragraph 12 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.
   § 6. Section 7 of part D of chapter 36 of the laws  of  2019  amending
 the  emergency  tenant protection act of nineteen seventy-four, relating
 to vacancies in certain housing accommodations, is amended  to  read  as
 follows:
   §  7.  Section  5-a  OF  SECTION 4 of chapter 576 of the laws of 1974,
 constituting the emergency tenant protection act  of  nineteen  seventy-
 four, is REPEALED.
   §  7.  Section  26-403.1 of the administrative code of the city of New
 York is REPEALED.
   § 8. Subparagraph (j) of paragraph 2 of  subdivision  (e)  of  section
 26-403 of the administrative code of the city of New York is REPEALED.
   §  9. Section 2-a of chapter 274 of the laws of 1946, constituting the
 emergency housing rent control law, is REPEALED.
   § 10. Section 8 of part D of chapter 36 of the laws of 2019,  amending
 the  emergency  tenant protection act of nineteen seventy-four, relating
 to vacancies in certain housing accommodations, is amended  to  read  as
 follows:
   §  8.  This  act shall take effect immediately; PROVIDED HOWEVER, THAT
 (I) ANY UNIT THAT WAS LAWFULLY DEREGULATED PRIOR TO JUNE 14, 2019  SHALL
 REMAIN  DEREGULATED;  AND (II) A MARKET RATE UNIT IN A MULTIPLE DWELLING
 WHICH RECEIVES BENEFITS PURSUANT TO SUBDIVISION 16 OF SECTION  421-A  OF
 THE  REAL  PROPERTY  TAX  LAW  SHALL  BE  SUBJECT  TO  THE  DEREGULATION
 PROVISIONS OF RENT STABILIZATION AS PROVIDED BY LAW PRIOR  TO  JUNE  14,
 2019.
   §  11.  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 1 of part E of chapter 36
 of the laws of 2019, is amended to read as follows:

 A. 8413--A                          4
 
   (a-2) Where the amount of rent charged to and paid by  the  tenant  is
 less  than  the  legal regulated rent for the housing accommodation, the
 amount of rent for such housing accommodation which may be charged  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.  [Any] FOR ANY tenant who is subject to a lease  on  or  after  the
 effective  date  of a chapter of the laws of two thousand nineteen which
 amended this subdivision, or is or was entitled to receive a renewal  or
 vacancy  lease  on  or  after such date, upon renewal of such lease, the
 amount of rent for such housing accommodation that may  be  charged  and
 paid  shall  be  no more than the rent charged to and paid by the tenant
 prior to that renewal, as adjusted by the most recent applicable  guide-
 lines  increases  and  any other increases authorized by law.  Provided,
 however, that for buildings that are subject to this statute  by  virtue
 of  a  regulatory  agreement  with  a  local government agency and which
 buildings receive federal project based rental  assistance  administered
 by  the  United  States department of housing and urban development or a
 state or local section eight administering agency, where the rent set by
 the federal, state or local governmental agency is less than  the  legal
 regulated  rent  for  the  housing accommodation, the amount of rent for
 such housing accommodation which may be charged  WITH  THE  APPROVAL  OF
 SUCH  FEDERAL,  STATE  OR LOCAL GOVERNMENTAL AGENCY upon renewal or upon
 vacancy thereof, may be based upon  such  previously  established  legal
 regulated  rent,  as  adjusted  by the most recent applicable guidelines
 increases or other increases authorized by  law;  and  further  provided
 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.
   § 12. Paragraph 14 of subdivision c of section 26-511 of the  adminis-
 trative  code of the city of New York, as amended by section 2 of part E
 of chapter 36 of the laws of 2019, is amended to read as follows:
   (14) where the amount of rent charged to and paid  by  the  tenant  is
 less  than  the  legal regulated rent for the housing accommodation, the
 amount of rent for such housing accommodation which may be charged  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 author-
 ized by law.  [Any] FOR ANY tenant who is subject to a lease on or after
 the effective date of a chapter of the laws  of  two  thousand  nineteen
 which amended this paragraph, or is or was entitled to receive a renewal
 or  vacancy lease on or after such date, upon renewal of such lease, the
 amount of rent for such housing accommodation that may  be  charged  and
 paid  shall  be  no more than the rent charged to and paid by the tenant
 prior to that renewal, as adjusted by the most recent applicable  guide-
 lines  increases  and  any other increases authorized by law.  Provided,
 however, that for buildings that are subject to this statute  by  virtue
 of  a  regulatory  agreement  with  a  local government agency and which
 buildings receive federal project based rental  assistance  administered
 by  the  United  States department of housing and urban development or a
 state or local section eight administering agency, where the rent set by
 the federal, state or local governmental agency is less than  the  legal
 regulated  rent  for  the  housing accommodation, the amount of rent for
 such housing accommodation which may be charged  WITH  THE  APPROVAL  OF
 SUCH  FEDERAL,  STATE  OR LOCAL GOVERNMENTAL AGENCY upon renewal or upon

 A. 8413--A                          5
 
 vacancy thereof, may be based upon  such  previously  established  legal
 regulated  rent,  as  adjusted  by the most recent applicable guidelines
 increases and other increases authorized by law;  and  further  provided
 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.
   § 13. Paragraph 9 of subdivision a of section 12 of section 4 of chap-
 ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
 protection act of nineteen seventy-four, as added by section 2 of part F
 of chapter 36 of the laws of 2019, is amended to read as follows:
   (9)  The  division of housing and community renewal and the courts, in
 investigating complaints of overcharge and in  determining  legal  regu-
 lated  rents, shall consider all available rent history which is reason-
 ably necessary to make such determinations, including but not limited to
 (a) any rent registration or other records filed with the state division
 of housing and community renewal,  or  any  other  state,  municipal  or
 federal  agency, regardless of the date to which the information on such
 registration refers; (b) any order issued by  any  state,  municipal  or
 federal  agency; (c) any records maintained by the owner or tenants; and
 (d) any public record kept in the regular  course  of  business  by  any
 state,  municipal or federal agency. Nothing contained in this paragraph
 shall limit the examination of rent history relevant to a  determination
 as to:
   (i)  whether  the legality of a rental amount charged or registered is
 reliable in light of all available evidence including, but  not  limited
 to, whether an unexplained increase in the registered or lease rents, or
 a  fraudulent  scheme to destabilize the housing accommodation, rendered
 such rent or registration unreliable;
   (ii) whether an accommodation  is  subject  to  the  emergency  tenant
 protection act;
   (iii) whether an order issued by the division of housing and community
 renewal or a court of competent jurisdiction, including, but not limited
 to  an  order  issued  pursuant to section [26-514 of the administrative
 code of the city of New York] SEVEN  OF  THIS  ACT,  or  any  regulatory
 agreement  or other contract with any governmental agency, and remaining
 in effect within six years of the filing of a complaint pursuant to this
 section, affects or limits the amount of rent that  may  be  charged  or
 collected;
   (iv) whether an overcharge was or was not willful;
   (v)  whether a rent adjustment that requires information regarding the
 length of occupancy by a present or prior tenant was lawful;
   (vi) the existence or terms and conditions of a preferential rent,  or
 the  propriety  of  a  legal  registered  rent  during a period when the
 tenants were charged a preferential rent;
   (vii) the legality of a rent charged or registered  immediately  prior
 to the registration of a preferential rent; or
   (viii)  the amount of the legal regulated rent where the apartment was
 vacant or temporarily exempt on the date six years prior to  a  tenant's
 complaint.
   §  14.  Subparagraph  (b)  of  paragraph 9 of subdivision c of section
 26-511 of the administrative code of the city of New York, as amended by
 section 2 of part I of chapter 36 of the laws of  2019,  is  amended  to
 read as follows:
   (b)  where  he or she seeks to recover possession of one dwelling unit
 because of immediate  and  compelling  necessity  for  his  or  her  own

 A. 8413--A                          6
 
 personal  use  and  occupancy as his or her primary residence or for the
 use and occupancy of a member of his or her immediate family as  his  or
 her  primary  residence,  provided however, that this subparagraph shall
 permit  recovery  of  only one dwelling unit and shall not apply where a
 tenant or the spouse of a tenant lawfully occupying the dwelling unit is
 sixty-two years of age or older, has been a tenant in a dwelling unit in
 that building for fifteen years or more,  or  has  an  impairment  which
 results  from  anatomical,  physiological  or  psychological conditions,
 other than addiction to alcohol, gambling, or any controlled  substance,
 which  are  demonstrable by medically acceptable clinical and laboratory
 diagnostic techniques, and which are expected to be permanent and  which
 prevent  the tenant from engaging in any substantial gainful employment,
 unless such owner offers to provide and if requested, provides an equiv-
 alent or superior housing accommodation at the same or lower  stabilized
 rent  in  a  closely proximate area. The provisions of this subparagraph
 shall only permit one of  the  individual  owners  of  any  building  to
 recover  possession of one dwelling unit for his or her own personal use
 and/or for that of his or her immediate family. A dwelling  unit  recov-
 ered by an owner pursuant to this subparagraph shall not for a period of
 three years be rented, leased, subleased or assigned to any person other
 than a person for whose benefit recovery of the dwelling unit is permit-
 ted  pursuant  to this subparagraph or to the tenant in occupancy at the
 time of recovery under the same terms as the original  lease;  provided,
 however, that a tenant required to surrender a [housing accommodation by
 virtue  of the operation of subdivision g or h of section 26-408 of this
 title] DWELLING UNIT UNDER THIS  SUBPARAGRAPH  shall  have  a  cause  of
 action  in any court of competent jurisdiction for damages, declaratory,
 and injunctive relief against a landlord or purchaser  of  the  premises
 who makes a fraudulent statement regarding a proposed use of the housing
 accommodation.  In  any  action  or  proceeding brought pursuant to this
 subparagraph a prevailing tenant shall be entitled to recovery of actual
 damages, and reasonable attorneys' fees.  This subparagraph shall not be
 deemed to establish or eliminate any claim that the former tenant of the
 dwelling unit may otherwise have against the  owner.  Any  such  rental,
 lease, sublease or assignment during such period to any other person may
 be subject to a penalty of a forfeiture of the right to any increases in
 residential rents in such building for a period of three years; or
   §  15.  Subdivision a of section 10 of section 4 of chapter 576 of the
 laws of 1974, constituting the emergency tenant protection act of  nine-
 teen  seventy-four,  as  amended by section 3 of part I of chapter 36 of
 the laws of 2019, is amended to read as follows:
   a. For cities having a population of less than one million  and  towns
 and  villages, the state division of housing and community renewal shall
 be empowered to implement this  act  by  appropriate  regulations.  Such
 regulations  may encompass such speculative or manipulative practices or
 renting or leasing practices as the state division of housing and commu-
 nity renewal determines constitute or are likely to cause  circumvention
 of  this act. Such regulations shall prohibit practices which are likely
 to prevent any person from asserting any right or remedy granted by this
 act, including but not limited to retaliatory  termination  of  periodic
 tenancies and shall require owners to grant a new one or two year vacan-
 cy or renewal lease at the option of the tenant, except where a mortgage
 or  mortgage  commitment existing as of the local effective date of this
 act provides that the owner shall not grant a one-year lease; and  shall
 prescribe  standards with respect to the terms and conditions of new and
 renewal leases, additional rent and such  related  matters  as  security

 A. 8413--A                          7
 
 deposits, advance rental payments, the use of escalator clauses in leas-
 es and provision for increase in rentals for garages and other ancillary
 facilities,  so as to [insure] ENSURE that the level of rent adjustments
 authorized  under  this  law will not be subverted and made ineffective.
 Any provision of the regulations permitting an owner to refuse to  renew
 a lease on grounds that the owner seeks to recover possession of a hous-
 ing  accommodation  for  his or her own use and occupancy or for the use
 and occupancy of his or her immediate family shall  permit  recovery  of
 only  one housing accommodation, shall require that an owner demonstrate
 immediate and compelling need and that the housing accommodation will be
 the proposed occupants' primary residence and shall not  apply  where  a
 member  of the housing accommodation is sixty-two years of age or older,
 has been a tenant in  a  housing  accommodation  in  that  building  for
 fifteen  years  or more, or has an impairment which results from anatom-
 ical, physiological or psychological conditions, other than addiction to
 alcohol, gambling, or any controlled substance, which  are  demonstrable
 by  medically  acceptable clinical and laboratory diagnostic techniques,
 and which are expected to be permanent and which prevent the tenant from
 engaging in any substantial gainful employment; provided, however,  that
 a tenant required to surrender a housing accommodation [by virtue of the
 operation  of subdivision g or h of section 26-408 of the administrative
 code of the city of New York] UNDER THIS SUBDIVISION shall have a  cause
 of action in any court of competent jurisdiction for damages, declarato-
 ry,  and  injunctive relief against a landlord or purchaser of the prem-
 ises who makes a fraudulent statement regarding a proposed  use  of  the
 housing  accommodation.  In any action or proceeding brought pursuant to
 this subdivision a prevailing tenant shall be entitled  to  recovery  of
 actual damages, and reasonable attorneys' fees.
   §  16.  Paragraph  (a) of subdivision 2 of section 5 of chapter 274 of
 the laws of 1946, constituting the emergency housing rent  control  law,
 as  amended by section 4 of part I of chapter 36 of the laws of 2019, is
 amended to read as follows:
   (a) the landlord seeks in good faith to recover possession of a  hous-
 ing  accommodation because of immediate and compelling necessity for his
 or her own personal use and occupancy as his or her primary residence or
 for the use and occupancy of his or her immediate family as their prima-
 ry residence; provided, however, this subdivision shall permit  recovery
 of  only one housing accommodation and shall not apply where a member of
 the household lawfully occupying the housing accommodation is  sixty-two
 years  of  age or older, has been a tenant in a housing accommodation in
 that building for fifteen years or more,  or  has  an  impairment  which
 results  from  anatomical,  physiological  or  psychological conditions,
 other than addiction to alcohol, gambling, or any controlled  substance,
 which  are  demonstrable by medically acceptable clinical and laboratory
 diagnostic techniques, and which are expected to be permanent and  which
 prevent  the tenant from engaging in any substantial gainful employment;
 provided, however, that a tenant required to surrender a housing  accom-
 modation  [by  virtue  of the operation of subdivision g or h of section
 26-408 of the administrative code of the city of New  York]  UNDER  THIS
 PARAGRAPH  shall have a cause of action in any court of competent juris-
 diction for damages, declaratory, and injunctive relief against a  land-
 lord  or  purchaser  of  the  premises  who makes a fraudulent statement
 regarding a proposed use of the housing accommodation. In any action  or
 proceeding  brought pursuant to this paragraph a prevailing tenant shall
 be entitled to recovery of actual  damages,  and  reasonable  attorneys'
 fees; or

 A. 8413--A                          8
 
   §  17.  Paragraphs 6 and 10 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 6 as amended by chap-
 ter  403 of the laws of 1983 and paragraph 10 as amended by section 1 of
 part  J  of  chapter  36  of  the  laws  of 2019, are amended to read as
 follows:
   (6) housing accommodations owned or operated by a  hospital,  convent,
 monastery, asylum, public institution, or college or school dormitory or
 any  institution  operated  exclusively  for  charitable  or educational
 purposes on a non-profit basis other than (I) those accommodations occu-
 pied by a tenant on the date such housing accommodation is  acquired  by
 any such institution, or which are occupied subsequently by a tenant who
 is not affiliated with such institution at the time of his initial occu-
 pancy   OR   (II)   PERMANENT  HOUSING  ACCOMMODATIONS  WITH  GOVERNMENT
 CONTRACTED SERVICES, AS OF AND AFTER JUNE FOURTEENTH, TWO THOUSAND NINE-
 TEEN, TO VULNERABLE INDIVIDUALS OR INDIVIDUALS WITH DISABILITIES WHO ARE
 OR WERE HOMELESS OR AT RISK OF HOMELESSNESS; PROVIDED, HOWEVER, THAT THE
 TERMS OF LEASES IN EXISTENCE AS OF JUNE FOURTEENTH, TWO  THOUSAND  NINE-
 TEEN,  SHALL  ONLY  BE AFFECTED UPON LEASE RENEWAL, AND FURTHER PROVIDED
 THAT UPON THE VACANCY OF SUCH HOUSING ACCOMMODATIONS,  THE  LEGAL  REGU-
 LATED  RENT FOR SUCH HOUSING ACCOMMODATIONS SHALL BE THE LEGAL REGULATED
 RENT PAID FOR SUCH HOUSING ACCOMMODATIONS BY THE PRIOR  TENANT,  SUBJECT
 ONLY TO ANY ADJUSTMENT ADOPTED BY THE APPLICABLE RENT GUIDELINES BOARD;
   (10)  housing  accommodations  in  buildings  operated exclusively for
 charitable purposes on a non-profit basis except for  permanent  housing
 accommodations  with government contracted services, as of and after the
 effective date of the chapter of the laws of two thousand nineteen  that
 amended  this  paragraph,  to vulnerable individuals or individuals with
 disabilities who are or  were  homeless  or  at  risk  of  homelessness;
 provided,  however,  that  THE  terms  of  leases in existence as of the
 effective date of the chapter of the laws of two thousand nineteen  that
 amended  this  paragraph, shall only be affected upon lease renewal, and
 further provided that upon the vacancy of such  housing  accommodations,
 THE  LEGAL  REGULATED  RENT FOR SUCH HOUSING ACCOMMODATIONS shall be the
 legal regulated rent paid for such housing accommodations by  the  prior
 tenant,  subject  only  to any adjustment adopted by the applicable rent
 guidelines board;
   § 18. Paragraph 1 of subdivision d of section 6 of section 4 of  chap-
 ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
 protection act of nineteen seventy-four, as amended by section 1 of part
 K of chapter 36 of the laws of 2019, is amended to read as follows:
   (1) there has been a substantial modification or increase of  dwelling
 space, or installation of new equipment or improvements or new furniture
 or  furnishings,  provided in or to a tenant's housing accommodation, on
 written informed tenant consent to the rent increase.  In the case of  a
 vacant housing accommodation, tenant consent shall not be required.  The
 temporary  increase in the legal regulated rent for the affected housing
 accommodation shall be one-one hundred sixty-eighth, in the  case  of  a
 building  with  thirty-five  or  fewer housing accommodations or one-one
 hundred eightieth in the case of a building with more  than  thirty-five
 housing  accommodations where such increase takes effect on or after the
 effective date of the chapter of the laws of two thousand nineteen  that
 amended  this  paragraph, of the total actual cost incurred by the land-
 lord up to fifteen thousand dollars in  providing  such  reasonable  and
 verifiable  modification  or  increase  in  dwelling  space,  furniture,
 furnishings, or  equipment,  including  the  cost  of  installation  but

 A. 8413--A                          9
 
 excluding  finance  charges  and  any costs that exceed reasonable costs
 established by rules and regulations  promulgated  by  the  division  of
 housing and community renewal. Such rules and regulations shall include:
 (i)  requirements  for  work  to  be  done by licensed contractors and a
 prohibition on common ownership between the landlord and the  contractor
 or  vendor;  and  (ii)  a  requirement that the owner resolve within the
 dwelling  space  all  outstanding  hazardous  or  immediately  hazardous
 violations  of  the  Uniform  Fire Prevention and Building Code (Uniform
 Code), New York City Fire Code, or New York City  Building  and  Housing
 Maintenance  Codes, if applicable. Provided further that an owner who is
 entitled to a rent increase pursuant to  this  paragraph  shall  not  be
 entitled to a further rent increase based upon the installation of simi-
 lar equipment, or new furniture or furnishings within the useful life of
 such  new  equipment,  or new furniture or furnishings. Provided further
 that the recoverable costs incurred by the landlord,  pursuant  to  this
 paragraph,  shall  be  limited  to an aggregate cost of fifteen thousand
 dollars that may be expended on no more than three  separate  individual
 apartment improvements in a fifteen year period BEGINNING WITH THE FIRST
 INDIVIDUAL  APARTMENT IMPROVEMENT ON OR AFTER JUNE FOURTEENTH, TWO THOU-
 SAND NINETEEN. Provided further that increases to  the  legal  regulated
 rent  pursuant  to  this paragraph shall be removed from the legal regu-
 lated rent thirty years from the  date  the  increase  became  effective
 inclusive  of  any  increases  granted by the applicable rent guidelines
 board.
   § 19. Paragraph 13 of subdivision c of section 26-511 of the  adminis-
 trative  code of the city of New York, as amended by section 2 of part K
 of chapter 36 of the laws of 2019, is amended to read as follows:
   (13) provides that an owner is entitled to a rent increase where there
 has been a substantial modification or increase of  dwelling  space,  or
 installation  of  new  equipment  or  improvements  or  new furniture or
 furnishings provided in or to a tenant's housing accommodation, on writ-
 ten informed tenant consent to the rent  increase.  In  the  case  of  a
 vacant  housing accommodation, tenant consent shall not be required. The
 temporary increase in the legal regulated rent for the affected  housing
 accommodation  shall  be  one-one hundred sixty-eighth, in the case of a
 building with thirty-five or fewer  housing  accommodations  or  one-one
 hundred  eightieth  in the case of a building with more than thirty-five
 housing accommodations where such increase takes effect on or after  the
 effective  date of the chapter of the laws of two thousand nineteen that
 amended this paragraph, of the total actual cost incurred by  the  land-
 lord  in  providing  such  reasonable  and  verifiable  modification  or
 increase  in  dwelling  space,  furniture,  furnishings,  or  equipment,
 including the cost of installation but excluding finance charges and any
 costs  that exceed reasonable costs established by rules and regulations
 promulgated by the division of housing and community renewal. Such rules
 and regulations shall include: (i) requirements for work to be  done  by
 licensed  contractors and prohibit common ownership between the landlord
 and the contractor or vendor; and (ii)  a  requirement  that  the  owner
 resolve  within  the  dwelling  space all outstanding hazardous or imme-
 diately hazardous violations of the Uniform Fire Prevention and Building
 Code (Uniform Code), New York City Fire Code, or New York City  Building
 and  Housing  Maintenance Codes, if applicable. Provided further that an
 owner who is entitled to a rent  increase  pursuant  to  this  paragraph
 shall  not be entitled to a further rent increase based upon the instal-
 lation of similar equipment, or new furniture or furnishings within  the
 useful  life  of  such  new  equipment, or new furniture or furnishings.

 A. 8413--A                         10
 
 Provided further that the recoverable costs incurred  by  the  landlord,
 pursuant  to  this  paragraph,  shall be limited to an aggregate cost of
 fifteen thousand dollars that may be expended  on  no  more  than  three
 separate  individual  apartment  improvements  in  a fifteen year period
 BEGINNING WITH THE FIRST INDIVIDUAL APARTMENT IMPROVEMENT  ON  OR  AFTER
 JUNE  FOURTEENTH, TWO THOUSAND NINETEEN. Provided further that increases
 to the legal regulated rent pursuant to this paragraph shall be  removed
 from  the  legal  regulated rent thirty years from the date the increase
 became effective inclusive of any increases granted  by  the  applicable
 rent guidelines board.
   §  20.  Subparagraph  (e)  of  paragraph 1 of subdivision g of section
 26-405 of the administrative code of the city of New York, as amended by
 section 3 of part K of chapter 36 of the laws of  2019,  is  amended  to
 read as follows:
   (e)  The  landlord  and  tenant  by mutual voluntary written agreement
 demonstrating informed  consent  agree  to  a  substantial  increase  or
 decrease  in  dwelling  space  or  a change in furniture, furnishings or
 equipment provided in the housing accommodations.  An  adjustment  under
 this subparagraph shall be equal to one-one hundred sixty-eighth, in the
 case  of  a building with thirty-five or fewer housing accommodations or
 one-one hundred eightieth in the case of a building with more than thir-
 ty-five housing accommodations where  such  temporary  adjustment  takes
 effect  on or after the effective date of the chapter of the laws of two
 thousand nineteen that amended this subparagraph, of  the  total  actual
 cost  incurred  by the landlord in providing such reasonable and verifi-
 able modification or increase in dwelling space, furniture, furnishings,
 or equipment, including the cost of installation but  excluding  finance
 charges  and any costs that exceed reasonable costs established by rules
 and regulations promulgated by the division  of  housing  and  community
 renewal.  Such rules and regulations shall include: (i) requirements for
 work to be done by licensed contractors and  prohibit  common  ownership
 between  the  landlord and the contractor or vendor; and (ii) a require-
 ment that the owner resolve within the dwelling  space  all  outstanding
 hazardous  or  immediately  hazardous  violations  of  the  Uniform Fire
 Prevention and Building Code (Uniform Code), New York City Fire Code, or
 New York City Building and Housing  Maintenance  Codes,  if  applicable.
 Provided further that an owner who is entitled to a rent increase pursu-
 ant  to  this  subparagraph  shall  not  be  entitled  to a further rent
 increase based upon the installation of similar equipment, or new furni-
 ture or furnishings within the useful life of such new equipment, or new
 furniture or furnishings.  Provided further that the  recoverable  costs
 incurred by the landlord, pursuant to this subparagraph shall be limited
 to an aggregate cost of fifteen thousand dollars that may be expended on
 no  more  than  three  separate  individual  apartment improvements in a
 fifteen year  period  BEGINNING  WITH  THE  FIRST  INDIVIDUAL  APARTMENT
 IMPROVEMENT ON OR AFTER JUNE FOURTEENTH, TWO THOUSAND NINETEEN. Provided
 further  that  increases  to  the  legal regulated rent pursuant to this
 subparagraph shall be removed from the legal regulated rent thirty years
 from the date the increase became effective inclusive of  any  increases
 granted  by  the applicable rent guidelines board.  The owner shall give
 written notice to the city rent agency of any such temporary  adjustment
 pursuant to this subparagraph; or
   §  21. Paragraphs 8 and 12 of subdivision a of section 26-511.1 of the
 administrative code of the city of New York, as added by  section  4  of
 part  K  of  chapter  36  of  the  laws  of 2019, are amended to read as
 follows:

 A. 8413--A                         11
 
   (8) establish that temporary major capital improvement increases shall
 be collectible prospectively ON THE FIRST DAY OF THE FIRST MONTH  BEGIN-
 NING  sixty  days  from  the  date  of mailing notice of approval to the
 tenant. Such notice shall disclose the total monthly  increase  in  rent
 and  the  first  month  in which the tenant would be required to pay the
 temporary increase. An approval for a temporary major  capital  improve-
 ment  increase shall not include retroactive payments. The collection of
 any increase shall not exceed two percent in any year from the effective
 date of the order granting the increase over the rent set forth  in  the
 schedule  of gross rents, with collectability of any dollar excess above
 said sum to be spread forward in similar increments  and  added  to  the
 rent  as  established or set in future years. Upon vacancy, the landlord
 may add any remaining balance of the temporary major capital improvement
 increase  to  the  legal  regulated  rent.  Notwithstanding  any   other
 provision  of the law, FOR ANY RENEWAL LEASE COMMENCING ON OR AFTER JUNE
 14, 2019, the collection of any rent increases due to any major  capital
 improvements approved on or after June 16, 2012 and before June 16, 2019
 shall  not exceed two percent in any year [beginning on or after Septem-
 ber 1, 2019] for any tenant in occupancy on the date the  major  capital
 improvement was approved;
   (12)  establish  a  form  IN  THE TOP SIX LANGUAGES OTHER THAN ENGLISH
 SPOKEN IN THE STATE ACCORDING TO THE LATEST AVAILABLE DATA FROM THE U.S.
 BUREAU OF CENSUS for a temporary individual apartment  improvement  rent
 increase  for  a tenant in occupancy which shall be used by landlords to
 obtain written informed consent that shall include the  estimated  total
 cost  of the improvement and the estimated monthly rent increase.  [Such
 consent shall be executed in the tenant's primary language.]  Such  form
 shall be completed and preserved in the centralized electronic retention
 system  TO BE OPERATIONAL BY JUNE 14, 2020. Nothing herein shall relieve
 a landlord, lessor, or agent thereof of his or her duty to retain proper
 documentation of  all  improvements  performed  or  any  rent  increases
 resulting from said improvements.
   §  22. Paragraphs 8 and 12 of subdivision a of section 26-405.1 of the
 administrative code of the city of New York, as added by  section  5  of
 part  K  of  chapter  36  of  the  laws  of 2019, are amended to read as
 follows:
   (8) establish that temporary major capital improvement increases shall
 be collectible prospectively ON THE FIRST DAY OF THE FIRST MONTH  BEGIN-
 NING  sixty  days  from  the  date  of mailing notice of approval to the
 tenant. Such notice shall disclose the total monthly  increase  in  rent
 and  the  first  month  in which the tenant would be required to pay the
 temporary increase. An approval for a temporary major  capital  improve-
 ment  increase shall not include retroactive payments. The collection of
 any increase shall not exceed two percent in any year from the effective
 date of the order granting the increase over the rent set forth  in  the
 schedule  of gross rents, with collectability of any dollar excess above
 said sum to be spread forward in similar increments  and  added  to  the
 rent  as  established or set in future years. Upon vacancy, the landlord
 may add any remaining balance of the temporary major capital improvement
 increase  to  the  legal  regulated  rent.  Notwithstanding  any   other
 provision  of the law, FOR ANY RENEWAL LEASE COMMENCING ON OR AFTER JUNE
 14, 2019, the collection of any rent increases due to any major  capital
 improvements approved on or after June 16, 2012 and before June 16, 2019
 shall  not exceed two percent in any year [beginning on or after Septem-
 ber 1, 2019] for any tenant in occupancy on the date the  major  capital
 improvement was approved;

 A. 8413--A                         12
 
   (12)  establish  a  form  IN  THE TOP SIX LANGUAGES OTHER THAN ENGLISH
 SPOKEN IN THE STATE ACCORDING TO THE LATEST AVAILABLE DATA FROM THE U.S.
 BUREAU OF CENSUS for a temporary individual apartment  improvement  rent
 increase  for  a tenant in occupancy which shall be used by landlords to
 obtain  written  informed consent that shall include the estimated total
 cost of the improvement and the estimated monthly rent increase.   [Such
 consent  shall  be executed in the tenant's primary language.] Such form
 shall be completed and preserved in the centralized electronic retention
 system TO BE OPERATIONAL BY JUNE 14, 2020. Nothing herein shall  relieve
 a landlord, lessor, or agent thereof of his or her duty to retain proper
 documentation  of  all  improvements  performed  or  any  rent increases
 resulting from said improvements.
   § 23. Paragraphs 8 and 12  of  subdivision  (a)  of  section  10-b  of
 section 4 of chapter 576 of the laws of 1974, constituting the emergency
 tenant protection act of nineteen seventy-four, as added by section 6 of
 part  K  of  chapter  36  of  the  laws  of 2019, are amended to read as
 follows:
   8. establish that temporary major capital improvement increases  shall
 be  collectible prospectively ON THE FIRST DAY OF THE FIRST MONTH BEGIN-
 NING sixty days from the date of  mailing  notice  of  approval  to  the
 tenant.  Such  notice  shall disclose the total monthly increase in rent
 and the first month in which the tenant would be  required  to  pay  the
 temporary  increase.  An approval for a temporary major capital improve-
 ment increase shall not include retroactive payments. The collection  of
 any increase shall not exceed two percent in any year from the effective
 date  of  the order granting the increase over the rent set forth in the
 schedule of gross rents, with collectability of any dollar excess  above
 said  sum  to  be  spread forward in similar increments and added to the
 rent as established or set in future years. Upon vacancy,  the  landlord
 may add any remaining balance of the temporary major capital improvement
 increase   to  the  legal  regulated  rent.  Notwithstanding  any  other
 provision of the law, FOR ANY RENEWAL LEASE COMMENCING ON OR AFTER  JUNE
 14,  2019, the collection of any rent increases due to any major capital
 improvements approved on or after June 16, 2012 and before June 16, 2019
 shall not exceed two percent in any year [beginning on or after  Septem-
 ber  1,  2019] for any tenant in occupancy on the date the major capital
 improvement was approved;
   12. establish a form IN THE  TOP  SIX  LANGUAGES  OTHER  THAN  ENGLISH
 SPOKEN IN THE STATE ACCORDING TO THE LATEST AVAILABLE DATA FROM THE U.S.
 BUREAU  OF  CENSUS for a temporary individual apartment improvement rent
 increase for a tenant in occupancy which shall be used by  landlords  to
 obtain  written  informed consent that shall include the estimated total
 cost of the improvement and the estimated monthly rent increase.   [Such
 consent  shall  be executed in the tenant's primary language.] Such form
 shall be completed and preserved in the centralized electronic retention
 system TO BE OPERATIONAL BY JUNE 14, 2020. Nothing herein shall  relieve
 a landlord, lessor, or agent thereof of his or her duty to retain proper
 documentation  of  all  improvements  performed  or  any  rent increases
 resulting from said improvements.
   § 24. Paragraphs (h) and (l) of subdivision 1 of section 8-a of  chap-
 ter  274  of  the  laws of 1946, constituting the emergency housing rent
 control law, as added by section 7 of part K of chapter 36 of  the  laws
 of 2019, are amended to read as follows:
   (h) establish that temporary major capital improvement increases shall
 be  collectible prospectively ON THE FIRST DAY OF THE FIRST MONTH BEGIN-
 NING sixty days from the date of  mailing  notice  of  approval  to  the

 A. 8413--A                         13
 
 tenant.  Such  notice  shall disclose the total monthly increase in rent
 and the first month in which the tenant would be  required  to  pay  the
 temporary  increase.  An approval for a temporary major capital improve-
 ment  increase shall not include retroactive payments. The collection of
 any increase shall not exceed two percent in any year from the effective
 date of the order granting the increase over the rent set forth  in  the
 schedule  of gross rents, with collectability of any dollar excess above
 said sum to be spread forward in similar increments  and  added  to  the
 rent  as  established or set in future years. Upon vacancy, the landlord
 may add any remaining balance of the temporary major capital improvement
 increases  to  the  legal  regulated  rent.  Notwithstanding  any  other
 provision  of the law, FOR ANY RENEWAL LEASE COMMENCING ON OR AFTER JUNE
 14, 2019, the collection of any rent increases due to any major  capital
 improvements approved on or after June 16, 2012 and before June 16, 2019
 shall  not exceed two percent in any year [beginning on or after Septem-
 ber 1, 2019] for any tenant in occupancy on the date the  major  capital
 improvement was approved;
   (l)  establish  a  form  IN  THE  TOP SIX LANGUAGES OTHER THAN ENGLISH
 SPOKEN IN THE STATE ACCORDING TO THE LATEST AVAILABLE DATA FROM THE U.S.
 BUREAU OF CENSUS for a temporary individual apartment  improvement  rent
 increase  for  a tenant in occupancy which shall be used by landlords to
 obtain written informed consent that shall include the  estimated  total
 cost  of the improvement and the estimated monthly rent increase.  [Such
 consent shall be executed in the tenant's primary language.]  Such  form
 shall be completed and preserved in the centralized electronic retention
 system  TO BE OPERATIONAL BY JUNE 14, 2020. Nothing herein shall relieve
 a landlord, lessor, or agent thereof of his or her duty to retain proper
 documentation of  all  improvements  performed  or  any  rent  increases
 resulting from said improvements.
   § 25. Subparagraph 7 of the second undesignated paragraph of paragraph
 (a)  of  subdivision  4 of section 4 of chapter 274 of the laws of 1946,
 constituting the emergency housing  rent  control  law,  as  amended  by
 section  8  of  part  K of chapter 36 of the laws of 2019, is amended to
 read as follows:
   (7) there has been since March first, nineteen hundred fifty, a  major
 capital  improvement  essential for the preservation, energy efficiency,
 functionality, or infrastructure of the entire building, improvement  of
 the  structure  including  heating,  windows,  plumbing and roofing, but
 shall not be for operational costs or unnecessary cosmetic improvements;
 which for any order of the commissioner issued after the effective  date
 of  the  chapter  of the laws of two thousand nineteen that amended this
 paragraph the cost of such improvement shall be amortized over a twelve-
 year period for buildings with thirty-five or fewer units  or  a  twelve
 and one-half year period for buildings with more than thirty-five units,
 and shall be removed from the legal regulated rent thirty years from the
 date the increase became effective inclusive of any increases granted by
 the  applicable rent guidelines board.  Temporary major capital improve-
 ment increases shall be collectible prospectively ON THE  FIRST  DAY  OF
 THE  FIRST MONTH BEGINNING sixty days from the date of mailing notice of
 approval to the tenant. Such notice shall  disclose  the  total  monthly
 increase  in  rent  and  the  first  month  in which the tenant would be
 required to pay the temporary increase.  An  approval  for  a  temporary
 major   capital  improvement  increase  shall  not  include  retroactive
 payments. The collection of any increase shall not exceed two percent in
 any year from the effective date of the order granting the increase over
 the rent set forth in the schedule of gross rents,  with  collectability

 A. 8413--A                         14
 
 of  any  dollar  excess  above  said sum to be spread forward in similar
 increments and added to the rent as established or set in future  years.
 Upon  vacancy,  the landlord may add any remaining balance of the tempo-
 rary  major  capital  improvement  increase to the legal regulated rent.
 Notwithstanding any other provision of the law, FOR  ANY  RENEWAL  LEASE
 COMMENCING  ON  OR  AFTER  JUNE  14,  2019,  the  collection of any rent
 increases due to any major capital improvements  approved  on  or  after
 June  16,  2012 and before June 16, 2019 shall not exceed two percent in
 any year [beginning on or after September 1, 2019]  for  any  tenant  in
 occupancy on the date the major capital improvement was approved; or
   §  26. Paragraph 3 of subdivision d of section 6 of section 4 of chap-
 ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
 protection act of nineteen seventy-four, as amended by section 9 of part
 K of chapter 36 of the laws of 2019, is amended to read as follows:
   (3)  there has been since January first, nineteen hundred seventy-four
 a major capital improvement essential for the preservation, energy effi-
 ciency,  functionality,  or  infrastructure  of  the  entire   building,
 improvement  of  the  structure including heating, windows, plumbing and
 roofing, but shall not be for operation costs  or  unnecessary  cosmetic
 improvements.  An  adjustment under this paragraph shall be in an amount
 sufficient to amortize the cost of the  improvements  pursuant  to  this
 paragraph  over  a twelve-year period for a building with thirty-five or
 fewer housing accommodations, or a twelve  and  one-half  period  for  a
 building  with more than thirty-five housing accommodations and shall be
 removed from the legal regulated rent thirty years  from  the  date  the
 increase  became  effective  inclusive  of  any increases granted by the
 applicable rent guidelines board, for any determination  issued  by  the
 division  of  housing  and community renewal after the effective date of
 the chapter of the laws of two thousand nineteen that amended this para-
 graph[; the]. TEMPORARY MAJOR CAPITAL  IMPROVEMENT  INCREASES  SHALL  BE
 COLLECTABLE  PROSPECTIVELY ON THE FIRST DAY OF THE FIRST MONTH BEGINNING
 SIXTY DAYS FROM THE DATE OF MAILING NOTICE OF APPROVAL  TO  THE  TENANT.
 SUCH  NOTICE  SHALL  DISCLOSE THE TOTAL MONTHLY INCREASE IN RENT AND THE
 FIRST MONTH IN WHICH THE TENANT WOULD BE REQUIRED TO PAY  THE  TEMPORARY
 INCREASE. AN APPROVAL FOR A TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASE
 SHALL  NOT  INCLUDE RETROACTIVE PAYMENTS. THE collection of any increase
 shall not exceed two percent in any year from the effective date of  the
 order  granting  the increase over the rent set forth in the schedule of
 gross rents, with collectability of any dollar excess above said sum  to
 be  spread forward in similar increments and added to the rent as estab-
 lished or set in future years.  Upon vacancy, the landlord may  add  any
 remaining balance of the temporary major capital improvement increase to
 the  legal  regulated  rent.  Notwithstanding any other provision of the
 law, the collection of any rent increases FOR ANY RENEWAL LEASE COMMENC-
 ING ON OR AFTER JUNE 14, 2019, due to  any  major  capital  improvements
 approved  on  or  after June 16, 2012 and before June 16, 2019 shall not
 exceed two percent in any year [beginning on or after September 1, 2019]
 for any tenant in occupancy on the date the  major  capital  improvement
 was approved, or
   §  27.  Subparagraph  (g)  of  paragraph 1 of subdivision g of section
 26-405 of the administrative code of the city of New York, as amended by
 section 10 of part K of chapter 36 of the laws of 2019,  is  amended  to
 read as follows:
   (g) There has been since July first, nineteen hundred seventy, a major
 capital  improvement  essential  for the preservation energy efficiency,
 functionality, or infrastructure of the entire building, improvement  of

 A. 8413--A                         15

 the structure including heating, windows, plumbing and roofing but shall
 not  be for operational costs or unnecessary cosmetic improvements.  The
 temporary increase based upon a major  capital  improvement  under  this
 subparagraph  for  any order of the commissioner issued after the effec-
 tive date of the chapter of the  laws  of  two  thousand  nineteen  that
 amended  this  subparagraph shall be in an amount sufficient to amortize
 the cost of the improvements pursuant to this subparagraph  (g)  over  a
 twelve-year  period  for  buildings with thirty-five or fewer units or a
 twelve and one-half year period for buildings with more than thirty-five
 units, and shall be removed from the legal regulated rent  thirty  years
 from  the  date the increase became effective inclusive of any increases
 granted by the applicable rent guidelines board.  Temporary major  capi-
 tal  improvement  increases  shall  be  collectible prospectively ON THE
 FIRST DAY OF THE FIRST MONTH BEGINNING sixty days from the date of mail-
 ing notice of approval to the tenant. Such  notice  shall  disclose  the
 total  monthly  increase in rent and the first month in which the tenant
 would be required to pay the  temporary  increase.  An  approval  for  a
 temporary  major capital improvement increase shall not include retroac-
 tive payments. The collection of  any  increase  shall  not  exceed  two
 percent  in  any  year from the effective date of the order granting the
 increase over the rent set forth in the schedule of  gross  rents,  with
 collectability  of any dollar excess above said sum to be spread forward
 in similar increments and added to the rent as  established  or  set  in
 future  years.  Upon vacancy, the landlord may add any remaining balance
 of the temporary major capital improvement increase to the  legal  regu-
 lated  rent.  Notwithstanding  any  other  provision of the law, FOR ANY
 RENEWAL LEASE COMMENCING ON OR AFTER JUNE 14, 2019,  the  collection  of
 any  rent increases due to any major capital improvements approved on or
 after June 16, 2012 and before  June  16,  2019  shall  not  exceed  two
 percent  in  any  year [beginning on or after September 1, 2019] for any
 tenant in occupancy on  the  date  the  major  capital  improvement  was
 approved, or
   §  28.  Paragraph 6 of subdivision c of section 26-511 of the adminis-
 trative code of the city of New York, as amended by section 11 of part K
 of chapter 36 of the laws of 2019, is amended to read as follows:
   (6) provides criteria whereby the commissioner may act  upon  applica-
 tions  by  owners  for  increases  in  excess  of the level of fair rent
 increase established under this law provided, however, that such  crite-
 ria  shall  provide  (a) as to hardship applications, for a finding that
 the level of fair rent increase is not sufficient to enable the owner to
 maintain approximately the same average annual net income  (which  shall
 be  computed  without regard to debt service, financing costs or manage-
 ment fees) for the three year period ending on or within six  months  of
 the  date  of  an application pursuant to such criteria as compared with
 annual net income, which prevailed on the average over the period  nine-
 teen  hundred  sixty-eight  through nineteen hundred seventy, or for the
 first three years of operation if the building was completed since nine-
 teen hundred sixty-eight or for the first three  fiscal  years  after  a
 transfer of title to a new owner provided the new owner can establish to
 the  satisfaction  of  the commissioner that he or she acquired title to
 the building as a result of a bona fide sale of the entire building  and
 that  the new owner is unable to obtain requisite records for the fiscal
 years nineteen hundred  sixty-eight  through  nineteen  hundred  seventy
 despite  diligent  efforts to obtain same from predecessors in title and
 further provided that the new owner can provide financial data  covering
 a  minimum  of  six  years under his or her continuous and uninterrupted

 A. 8413--A                         16
 
 operation of the building to meet the three year to three  year  compar-
 ative  test  periods  herein provided; and (b) as to completed building-
 wide major capital improvements, for a finding  that  such  improvements
 are deemed depreciable under the Internal Revenue Code and that the cost
 is  to  be amortized over a twelve-year period for a building with thir-
 ty-five or fewer housing accommodations, or a twelve  and  one-half-year
 period for a building with more than thirty-five housing accommodations,
 for  any  determination  issued by the division of housing and community
 renewal after the effective date of the the chapter of the laws  of  two
 thousand  nineteen that amended this paragraph and shall be removed from
 the legal regulated rent thirty years from the date the increase  became
 effective  inclusive  of  any  increases  granted by the applicable rent
 guidelines board.  Temporary major capital improvement  increases  shall
 be  collectible prospectively ON THE FIRST DAY OF THE FIRST MONTH BEGIN-
 NING sixty days from the date of  mailing  notice  of  approval  to  the
 tenant.  Such  notice  shall disclose the total monthly increase in rent
 and the first month in which the tenant would be  required  to  pay  the
 temporary  increase.  An approval for a temporary major capital improve-
 ment increase shall not include retroactive payments. The collection  of
 any increase shall not exceed two percent in any year from the effective
 date  of  the order granting the increase over the rent set forth in the
 schedule of gross rents, with collectability of any dollar excess  above
 said  sum  to  be  spread forward in similar increments and added to the
 rent as established or set in future years. Upon vacancy,  the  landlord
 may add any remaining balance of the temporary major capital improvement
 increase   to  the  legal  regulated  rent.  Notwithstanding  any  other
 provision of the law, FOR ANY RENEWAL LEASE COMMENCING ON OR AFTER  JUNE
 14,  2019, the collection of any rent increases due to any major capital
 improvements approved on or after June 16, 2012 and before June 16, 2019
 shall not exceed two percent in any year [beginning on or after  Septem-
 ber  1,  2019] for any tenant in occupancy on the date the major capital
 improvement was approved or based upon cash purchase price exclusive  of
 interest  or  service  charges. Notwithstanding anything to the contrary
 contained herein, no hardship increase granted pursuant  to  this  para-
 graph  shall, when added to the annual gross rents, as determined by the
 commissioner, exceed the sum of, (i) the annual operating expenses, (ii)
 an allowance for management services as determined by the  commissioner,
 (iii) actual annual mortgage debt service (interest and amortization) on
 its  indebtedness  to  a  lending  institution,  an insurance company, a
 retirement fund or welfare fund which is operated under the  supervision
 of  the banking or insurance laws of the state of New York or the United
 States, and (iv) eight and one-half percent of that portion of the  fair
 market  value  of the property which exceeds the unpaid principal amount
 of the mortgage indebtedness referred to in subparagraph (iii)  of  this
 paragraph. Fair market value for the purposes of this paragraph shall be
 six  times  the annual gross rent. The collection of any increase in the
 stabilized rent for any apartment pursuant to this paragraph  shall  not
 exceed  six  percent  in  any  year from the effective date of the order
 granting the increase over the rent set forth in the schedule  of  gross
 rents,  with  collectability  of  any dollar excess above said sum to be
 spread forward in similar increments and added to the stabilized rent as
 established or set in future years;
   § 29. Subdivision (c) of section 18 of part K of  chapter  36  of  the
 laws  of  2019, amending the emergency tenant protection act of nineteen
 seventy-four and other laws relating to a temporary increase in rent  in
 certain cases, is amended to read as follows:

 A. 8413--A                         17
 
   (c)  [effective immediately,] the addition, amendment and/or repeal of
 any rule or regulation necessary for the implementation of this  act  on
 [its  effective  date  are  authorized  and] AND AFTER JUNE 14, 2019 ARE
 directed to be made IMMEDIATELY and completed on or before [such  effec-
 tive  date]  JUNE 14, 2020, PROVIDED HOWEVER THAT IN THE ABSENCE OF SUCH
 RULES AND REGULATIONS,  THE  DIVISION  SHALL  IMMEDIATELY  COMMENCE  AND
 CONTINUE IMPLEMENTATION OF ALL PROVISIONS OF THIS ACT.
   §  30. Subdivision 2 of section 20 of the public housing law, as added
 by section 2 of part L of chapter 36 of the laws of 2019, is amended  to
 read as follows:
   2.  The  commissioner  shall,  on or before December thirty-first, two
 thousand nineteen, and on or before December thirty-first in each subse-
 quent year, submit and make publicly available a report to the governor,
 the temporary president of the senate, the speaker of the assembly,  and
 on  its  website, on the implementation of the system of rent regulation
 pursuant to chapter five hundred seventy-six of  the  laws  of  nineteen
 hundred  seventy-four,  chapter  two hundred seventy four of the laws of
 nineteen hundred forty-six, chapter three  hundred  twenty-nine  of  the
 laws of nineteen hundred sixty-three, chapter five hundred fifty-five of
 the laws of nineteen hundred eighty-two, chapter four hundred two of the
 laws  of  nineteen  hundred eighty-three, chapter one hundred sixteen of
 the laws of nineteen hundred ninety-seven, sections 26-501, 26-502,  and
 26-520  of the administrative code of the city of New York and the hous-
 ing stability and tenant protection act of  2019.    Such  report  shall
 include  but  not be limited to: a narrative describing the programs and
 activities undertaken by the  office  of  rent  administration  and  the
 tenant  protection unit, and any other programs or activities undertaken
 by the division to implement, administer, and enforce the system of rent
 regulation; and in tabular format, for each of the  three  fiscal  years
 immediately preceding the date the report is due: (i) the number of rent
 stabilized housing accommodations within each county; (ii) the number of
 rent  controlled  housing  accommodations  within each county; (iii) the
 number of applications for major capital  improvements  filed  with  the
 division,  the  number  of  such applications approved as submitted, the
 number of such applications approved with modifications, and the  number
 of  such applications rejected; (iv) the median and mean value of appli-
 cations for major capital improvements approved; (v) the number of units
 which were registered with the division where the amount charged to  and
 paid  by  the  tenant  was less than the registered rent for the housing
 accommodation; (vi) for housing accommodations that were registered with
 the division where the amount charged to and paid by the tenant was less
 than the registered rent for the housing accommodation, the  median  and
 mean  difference between the registered rent for a housing accommodation
 and the amount charged to and paid by the tenant; (vii) the  median  and
 mean  registered rent for housing accommodations for which the lease was
 renewed by an existing tenant; (viii) the  median  and  mean  registered
 rent  for  housing  accommodations for which a lease was signed by a new
 tenant after a vacancy; (ix) the median and mean  increase,  in  dollars
 and  as  a percentage, in the registered rent for housing accommodations
 where the lease was signed by a new tenant  after  a  vacancy;  (x)  the
 median  and mean increase, in dollars and as a percentage, in the regis-
 tered rent for housing accommodations where the lease was  signed  by  a
 new  tenant after a vacancy, where the amount changed to and paid by the
 prior tenant was the full registered rent;  (xi)  the  median  and  mean
 increase,  in  dollars  and  as a percentage, in the registered rent for
 housing accommodations where the lease was signed by a new tenant  after

 A. 8413--A                         18
 
 a  vacancy, where the amount changed to and paid by the prior tenant was
 less than the registered rent;  (xii)  the  number  of  rent  overcharge
 complaints  processed  by the division; (xiii) the number of final over-
 charge orders granting an overcharge; (xiv) the number of investigations
 commenced  by  the  tenant protection unit, the aggregate number of rent
 stabilized or rent controlled housing accommodations in each county that
 were the subject of such investigations, and the  dispositions  of  such
 investigations.  At  the  time the report is due, the commissioner shall
 make available to the governor, the temporary president of  the  senate,
 the  speaker  of the assembly, and shall make publicly available, and on
 its website in machine readable format, the data used  to  tabulate  the
 figures  required  to be included in the report, taking any steps neces-
 sary to protect  confidential  information  regarding  ONGOING  INVESTI-
 GATIONS,  individual buildings, housing accommodations, property owners,
 and tenants.
   § 31. Subdivision 2 of section 226-c of  the  real  property  law,  as
 added  by  section  3  of  part  M of chapter 36 of the laws of 2019, is
 amended to read as follows:
   2. (a) FOR THE PURPOSES OF THIS SECTION, THE REQUIRED NOTICE SHALL  BE
 BASED ON THE CUMULATIVE AMOUNT OF TIME THE TENANT HAS OCCUPIED THE RESI-
 DENCE OR THE LENGTH OF THE TENANCY IN EACH LEASE, WHICHEVER IS LONGER.
   (B)  If  the  tenant  has occupied the unit for less than one year and
 does not have a lease term of at least  one  year,  the  landlord  shall
 provide at least thirty days' notice.
   [(b)]  (C)  If the tenant has occupied the unit for more than one year
 but less than two years, or has a lease term of at least  one  year  but
 less  than  two  years,  the landlord shall provide at least sixty days'
 notice.
   [(c)] (D) If the tenant has occupied the unit for more than two  years
 or has a lease term of at least two years, the landlord shall provide at
 least ninety days' notice.
   §  32. Section 232-a of the real property law, as amended by section 6
 of part M of chapter 36 of the laws of  2019,  is  amended  to  read  as
 follows:
   §  232-a. Notice to terminate monthly tenancy or tenancy from month to
 month in the city of New York. No monthly tenant, or tenant  from  month
 to  month, shall hereafter be removed from any lands or buildings in the
 city of New York on the grounds of holding over the tenant's term unless
 pursuant to the notice period required by subdivision two of section two
 hundred twenty-six-c of this article, OR FOR  A  TENANCY  OTHER  THAN  A
 RESIDENTIAL  TENANCY  AT  LEAST THIRTY DAYS BEFORE THE EXPIRATION OF THE
 TERM, the landlord or the landlord's agent serve upon the tenant, in the
 same manner in which a notice of petition in summary proceedings is  now
 allowed  to be served by law, a notice in writing to the effect that the
 landlord elects to terminate the tenancy  and  that  unless  the  tenant
 removes  from  such  premises  on  the day designated in the notice, the
 landlord will commence summary proceedings under the statute  to  remove
 such tenant therefrom.
   §  33. Section 232-b of the real property law, as amended by section 7
 of part M of chapter 36 of the laws of  2019,  is  amended  to  read  as
 follows:
   §  232-b.  Notification  to  terminate monthly tenancy or tenancy from
 month to month outside the city of New York. A monthly tenancy or tenan-
 cy from month to month of any lands or buildings located outside of  the
 city  of New York may be terminated by the tenant OR FOR A TENANCY OTHER
 THAN A RESIDENTIAL TENANCY THE LANDLORD, upon the tenant's OR  NON-RESI-

 A. 8413--A                         19
 
 DENTIAL  LANDLORD'S  notifying the landlord OR NON-RESIDENTIAL TENANT at
 least one month before the  expiration  of  the  term  of  the  tenant's
 election  to terminate; provided, however, that no notification shall be
 necessary to terminate a tenancy for a definite term.
   § 34. Section 29 of part M of chapter 36 of the laws of 2019, amending
 the  real  property  law,  and  other  laws, in relation to enacting the
 "statewide housing security and  tenant  protection  act  of  2019",  is
 amended to read as follows:
   §  29.  This  act  shall  take  effect  immediately and shall apply to
 actions and proceedings commenced  on  or  after  such  effective  date;
 provided,  however, that sections three, six and seven shall take effect
 on the one hundred twentieth day after this act shall have become a law;
 provided, further, that section  twenty-five  of  this  act  shall  take
 effect  on  the thirtieth day after this act shall have become a law and
 shall apply to any lease or rental agreement or renewal of  a  lease  or
 rental  agreement  entered  into  on  or after such date; and, provided,
 further, [section] SECTIONS five, FOURTEEN,  SIXTEEN  AND  SEVENTEEN  of
 this  act  shall  take  effect on the thirtieth day after this act shall
 have become a law.
   § 35. Paragraph 2 of subdivision y of section 233 of the real property
 law, as added by section 9 of part O of chapter 36 of the laws of  2019,
 is amended to read as follows:
   2.  Every  rent-to-own  contract shall be in writing and clearly state
 all terms, including but not limited to: a description of the home to be
 leased, including the name of the manufacturer, the  serial  number  and
 the  year of manufacture; the site number upon which the home is located
 in the manufactured home park; an itemized statement of any payments  to
 be made during the term of the contract, including the initial lot rent,
 the  rental  amount  for  the  home,  and  the amount of the rent-to-own
 payments; the term of the agreement; the number of  payments,  itemized,
 required to be made over the term of the agreement; [the annual percent-
 age rate of the amount financed] ANY LIEN OR SECURITY INTEREST ENCUMBER-
 ING  THE  MANUFACTURED  OR MOBILE HOME, if applicable; and the amount of
 any additional fees to be paid during the term. A  rent-to-own  contract
 shall  not require a manufactured home tenant to pay any additional fees
 for transfer of ownership at the end of the lease period. A  rent-to-own
 contract  shall provide that where the rent-to-own tenant pays all rent-
 to-own payments and other fees established in the  contract  during  the
 lease term, title transferred at the end of the lease term shall be free
 of superior interests, liens or encumbrances.
   § 36. Subparagraph 5 of the second undesignated paragraph of paragraph
 (a)  of  subdivision  4 of section 4 of chapter 274 of the laws of 1946,
 constituting the emergency housing  rent  control  law,  as  amended  by
 section  25  of  part B of chapter 97 of the laws of 2011, is amended to
 read as follows:
   (5) the landlord and  tenant  by  mutual  voluntary  written  INFORMED
 agreement  agree to a substantial increase or decrease in dwelling space
 [or a change in  the  services],  furniture,  furnishings  or  equipment
 provided  in the housing accommodations; provided that an owner shall be
 entitled to a rent increase where there has been a substantial modifica-
 tion or increase of dwelling space [or an increase in the services],  or
 installation  of  new  equipment  or  improvements  or  new furniture or
 furnishings provided in or to  a  tenant's  housing  accommodation.  The
 [permanent]  TEMPORARY  increase  in  the  maximum rent for the affected
 housing accommodation shall be  [one-fortieth]  ONE-ONE  HUNDRED  SIXTY-
 EIGHTH,  in  the  case  of  a building with thirty-five or fewer housing

 A. 8413--A                         20

 accommodations, or [one-sixtieth] ONE-ONE HUNDRED EIGHTIETH, in the case
 of a building with more than thirty-five  housing  accommodations  where
 such  [permanent]  increase  takes effect on or after [September twenty-
 fourth,  two thousand eleven, of the total cost incurred by the landlord
 in providing such modification or increase in dwelling space,  services,
 furniture, furnishings or equipment, including the cost of installation,
 but  excluding finance charges provided] THE EFFECTIVE DATE OF THE CHAP-
 TER OF THE LAWS OF TWO THOUSAND NINETEEN THAT AMENDED THIS SUBPARAGRAPH,
 OF THE TOTAL ACTUAL COST INCURRED BY THE LANDLORD UP TO FIFTEEN THOUSAND
 DOLLARS IN PROVIDING SUCH  REASONABLE  AND  VERIFIABLE  MODIFICATION  OR
 INCREASE  IN  DWELLING  SPACE,  FURNITURE,  FURNISHINGS,  OR  EQUIPMENT,
 INCLUDING THE COST OF INSTALLATION BUT EXCLUDING FINANCE CHARGES AND ANY
 COSTS THAT EXCEED REASONABLE COSTS ESTABLISHED BY RULES AND  REGULATIONS
 PROMULGATED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL. SUCH RULES
 AND  REGULATIONS  SHALL INCLUDE: (I) REQUIREMENTS FOR WORK TO BE DONE BY
 LICENSED CONTRACTORS AND A PROHIBITION ON COMMON OWNERSHIP  BETWEEN  THE
 LANDLORD  AND  THE CONTRACTOR OR VENDOR; AND (II) A REQUIREMENT THAT THE
 OWNER RESOLVE WITHIN THE DWELLING SPACE  ALL  OUTSTANDING  HAZARDOUS  OR
 IMMEDIATELY  HAZARDOUS  VIOLATIONS  OF  THE  UNIFORM FIRE PREVENTION AND
 BUILDING CODE (UNIFORM CODE), NEW YORK CITY FIRE CODE, OR NEW YORK  CITY
 BUILDING  AND HOUSING MAINTENANCE CODES, IF APPLICABLE. PROVIDED further
 that an owner who is entitled to a rent increase pursuant to this clause
 shall not be entitled to a further rent increase based upon the  instal-
 lation  of similar equipment, or new furniture or furnishings within the
 useful life of such new equipment,  or  new  furniture  or  furnishings.
 PROVIDED  FURTHER  THAT  THE RECOVERABLE COSTS INCURRED BY THE LANDLORD,
 PURSUANT TO THIS SUBPARAGRAPH, SHALL BE LIMITED TO AN AGGREGATE COST  OF
 FIFTEEN  THOUSAND  DOLLARS  THAT  MAY  BE EXPENDED ON NO MORE THAN THREE
 SEPARATE INDIVIDUAL APARTMENT IMPROVEMENTS  IN  A  FIFTEEN  YEAR  PERIOD
 BEGINNING  WITH  THE  FIRST INDIVIDUAL APARTMENT IMPROVEMENT ON OR AFTER
 JUNE FOURTEENTH, TWO THOUSAND NINETEEN. PROVIDED FURTHER THAT  INCREASES
 TO  THE LEGAL REGULATED RENT PURSUANT TO THIS PARAGRAPH SHALL BE REMOVED
 FROM THE LEGAL REGULATED RENT THIRTY YEARS FROM THE  DATE  THE  INCREASE
 BECAME  EFFECTIVE  INCLUSIVE  OF ANY INCREASES GRANTED BY THE APPLICABLE
 RENT GUIDELINES BOARD. The  owner  shall  give  written  notice  to  the
 commission of any such adjustment pursuant to this clause; or
   §  37. Severability clause. If any clause, sentence, paragraph, subdi-
 vision, or section of this act shall be adjudged by any court of  compe-
 tent jurisdiction to be invalid, such judgment shall not affect, impair,
 or invalidate the remainder thereof, but shall be confined in its opera-
 tion  to  the  clause, sentence, paragraph, subdivision, section or part
 thereof directly involved in the  controversy  in  which  such  judgment
 shall  have been rendered. It is hereby declared to be the intent of the
 legislature that this act would have been enacted even if  such  invalid
 provisions had not been included herein.
   §  38.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on the same  date  and  in  the  same
 manner  as chapter 36 of the laws of 2019 took effect; provided, further
 that:
   (a) the amendments to chapter 4 of title 26 of the administrative code
 of the city of New York made by sections one,  twelve,  fourteen,  nine-
 teen,  twenty-one  and twenty-eight of this act shall expire on the same
 date as such chapter expires and shall not affect the expiration of such
 chapter as provided under section 26-520 of such law; and
   (b) the amendments to sections 26-405 and 26-405.1 of  the  city  rent
 and  rehabilitation  law made by sections twenty, twenty-two and twenty-

 A. 8413--A                         21
 
 seven 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
   (c) sections thirty-one, thirty-two and thirty-three of this act shall
 take effect on the same date and in the same manner as sections 3, 6 and
 7  of  part M of chapter 36 of the laws of 2019, enacting the "statewide
 housing security and tenant protection act of 2019",  takes  effect  and
 shall apply to actions and proceedings commenced on or after such effec-
 tive date; and
   (d) section thirty-five of this act shall take effect on the same date
 and  in the same manner as section 9 of part O of chapter 36 of the laws
 of 2019, takes effect.