[ ] is old law to be omitted.
LBD13412-07-9
S. 6571--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
S. 6571--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:
S. 6571--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
S. 6571--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
S. 6571--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
S. 6571--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
S. 6571--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
S. 6571--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.
S. 6571--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:
S. 6571--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;
S. 6571--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
S. 6571--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
S. 6571--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
S. 6571--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
S. 6571--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:
S. 6571--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
S. 6571--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-
S. 6571--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
S. 6571--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-
S. 6571--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.
