NY State Senate Bill 2019-S6458

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2019	signed chap.36 delivered to governor returned to senate passed assembly ordered to third reading rules cal.275 substituted for a8281 referred to ways and means delivered to assembly passed senate ordered to third reading cal.1407
Jun 11, 2019	referred to rules

Votes

- Jun 14, 2019 - Floor Vote
  S6458
  
  36
  
  Aye
  
  26
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2019
      
      aye (36)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (26)
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Boyle
      
      Brooks
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Griffo
      
      Helming
      
      Jacobs
      
      Jordan
      
      Kaplan
      
      LaValle
      
      Lanza
      
      Little
      
      Martinez
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Serino
      
      Seward
      
      Tedisco
  Jun 14, 2019 - Rules Committee Vote
  S6458
  
  11
  
  Aye
  
  7
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 14, 2019
      
      aye (11)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (7)
      
      Flanagan
      
      Griffo
      
      LaValle
      
      Lanza
      
      Little
      
      Robach
      
      Seward
      
      aye wr (1)
      
      Martinez

co-Sponsors

View additional co-sponsors

2019-S6458 (ACTIVE) - Details

See Assembly Version of this Bill:: A8281
Law Section:: Emergency Housing Rent Control Law
Laws Affected:: Amd Various Laws, generally

2019-S6458 (ACTIVE) - Summary

Enacts the "Housing Stability and Tenant Protection act of 2019"; extends and makes certain provisions of law permanent relating to rent control and rent stabilization (Part A); repeals provisions of law relating to rent increases after vacancy of housing accommodations (Part B); relates to vacancy of certain housing accommodations (Part C)

2019-S6458 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6458                REVISED MEMO 6/12/2019

SPONSOR: STEWART-COUSINS
 
TITLE OF BILL:  An act to amend chapter 576 of the laws of 1974 amend-
ing the emergency housing rent control law relating to the control of
and stabilization of rent in certain cases, the emergency housing rent
control law, chapter 329 of the laws of 1963 amending the emergency
housing rent control law relating to recontrol of rents in Albany, and
the rent regulation reform act of 1997, in relation to making such
provisions permanent; to amend chapter 555 of the laws of 1982 amending
the general business law and the administrative code of the city of New
York relating to conversion of residential property to cooperative or
condominium ownership in the city of New York, chapter 402 of the laws
of 1983 amending the general business law relating to conversion of
rental residential property to cooperative or condominium ownership in
certain municipalities in the counties of Nassau, Westchester and Rock-
land, in relation to making such provisions permanent (Part A); to
repeal certain provisions of the administrative code of the city of New
York, the emergency tenant protection act of nineteen seventy-four, the
emergency housing rent control law and the local emergency rent control
act, relating to rent increases after vacancy of a housing accommodation
(Part B); to amend the administrative code of the city of New York and
the emergency tenant protection act of nineteen seventy-four, in

relation to vacancy of certain housing accommodations and to amend the
emergency tenant protection act of nineteen seventy-four and the admin-
istrative code of the city of New York, in relation to prohibiting a
county rent guidelines board from establishing rent adjustments for
class A dwelling units based on certain considerations (Part C); to
amend the emergency tenant protection act of nineteen seventy-four, in
relation to vacancies in certain housing accommodations; and to repeal
paragraphs 12 and 13 of subdivision a of section 5 and section 5-a of
section 4 of chapter 576 of the laws of 1974 constituting the emergency
tenant protection act of nineteen seventy-four, paragraph (n) of subdi-
vision 2 of section 2 of chapter 274 of the laws of 1946, constituting
the emergency housing rent control law, and sections 26-504.1, 26-504.2
and 26-504.3 and subparagraph (k) of paragraph 2 of subdivision e of
section 26-403 of the administrative code of the city of New York,
relating to vacancy decontrol (Part D); to amend the emergency tenant
protection act of nineteen seventy-four and the administrative code of
the city of New York, in relation to the regulation of rents (Part E);
to amend the emergency tenant protection act of nineteen seventy-four,
the administrative code of the city of New York and the civil practice
law and rules, in relation to investigation of rent overcharge
complaints (Part F); to establish the "statewide tenant protection act
of 2019"; and to amend the emergency tenant protection act of nineteen
seventy-four, in relation to expanding rent and eviction protections
statewide (Part G); to amend the administrative code of the city of New
York and the emergency housing rent control law, in relation to the
establishment of rent adjustments and prohibition of fuel pass-along
charges; and to repeal certain provisions of the administrative code of
the city of New York relating thereto (Part H); to amend the administra-
tive 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
(Part I); to amend the emergency tenant protection act of nineteen
seventy-four, in relation to not-for-profits' use of certain residential
dwellings (Part J); to amend the emergency tenant protection act of
nineteen seventy-four, the emergency housing rent control law, and the
administrative code of the city of New York, in relation to a temporary
increase in rent in certain cases (Part K); to amend the public housing
law, in relation to enacting the "rent regulation reporting act of 2019"
(Part L); to amend the real property law, the real property actions and
proceedings law, the general obligations law and the judiciary law, in
relation to enacting the "statewide housing security and tenant
protection act of 2019"; establishes the New York state temporary
commission on housing security and tenant protection; and to repeal
certain provisions of the real property actions and proceedings law
relating thereto (Part M); to amend the general business law, in
relation to conversions to cooperative or condominium ownership in the
city of New York (Part N); and to amend the real property law, in
relation to the duties and responsibilities of manufactured home park
owners and residents (Part O)

 
PURPOSE:

Provide permanent rent regulation protections to covered buildings;
extend tenant protections statewide; expand tenant protections for
mobile and manufactured home owners and residents in manufactured home
parks.

 
SUMMARY OF PROVISIONS:

Part A. Names this Act the "Housing Stability and Tenant Protection Act
of 2019; Would make permanent the system of rent regulation in New York
State and building conversions to cooperative or condominium ownership
in the City of New York.

Part B: Repeals Vacancy Bonus Increases, which allows automatic rent
increases of up to 20% upon vacancy; Repeals Longevity Increases, which
allows automatic rent increases based on the length of time since the
last vacancy.

Part C: Prohibits a Rent Guidelines Board (RGB) from setting vacancy
bonus rent increases. Prohibits an RGB from setting longevity rent
increases.

Part D: Repeals High Rent Deregulation, which allows units to be removed
from rent regulation upon vacancy after the rent achieves a high rent
threshold; and Repeals High Income Deregulation provisions, which allows
units to be removed from rent regulation if a tenant's income is
$200,000 or more for two consecutive years.

Part E: Sets the Preferential Rent as the base rent for the duration of
a tenancy, but preserves regulatory agreements that allow for legal rent
increases.

Part F: Allows HCR or a court of competent jurisdiction to look back at
6 years of rent history when determining rent overcharges, or a longer
look back period if it is reasonably necessary to make a determination.
Eliminates the ability of an owner to escape punitive damages where the
overcharges were willful.

Part G: Enacts the "Statewide Tenant Protection Act of 2019" to allow
any city, town or village to opt-in to ETPA and provides the appointment
of the members of the new RGBs to be done by the opting-in munici-
palities.

Part H: Amends the maximum collectable rent increase formula that
applies to Rent Control units to set annual increase at either an aver-
age of the last five years of RGB increases, or 7.5%, whichever is less;
and prohibits Fuel Pass-Along charges for rent-controlled tenants.

Part I: Reforms the personal use exclusion to limit the number of units
an owner can take out of rent regulation, and requires the use to be an
immediate and compelling necessity for use as a primary residence.

Part J: Ensures that units rented by nonprofits to provide housing to
homeless or previously homeless people revert to rent regulation at the
end of the use by the nonprofit, and that the previously homeless person
or persons are treated as tenants for purposes of the law.

Part K: Major Capital Improvement (MCI) & Individual Apartment Improve-
ment (IAI) Reforms
*Limits approvals to work for essential building functions and other
improvements (e.g, heat, plumbing, windows, roofing); exclude mainte-
nance.
*Limits spending to HCR schedule of reasonable costs for improvements.
*Prohibits approval where owner has hazardous violations on building.
*Adjust the annual cap for MCI rent increases approved within the prior
seven years for continuing tenant.
*Associated rent increases may only be prospective.
*Requires HCR to audit and inspect work on a minimum of 25% of approved
MCIs annually.
*Reduces rent increases paid by tenants and makes increases temporary:
o Amortize: 12 years for buildings of 35 units or less; 12.5 years for
other buildings;
o Cap Rent Increases at 2% annually;
o Rent surcharges would expire in 30 years.

*Reforms Individual Apartment Improvements (IAIs) to limit rent
increases to substantial modifications:
o Up to 3 times in any 15 years, for up to $15,000;
o Amortize: 14 years for smaller buildings of 35 units or less; 15 years
for all other larger buildings; and,
o Surcharges expire in 30 years.

Part L: Requires the Division of Home and Community Renewal (HCR) to
conduct an annual report on rent regulation that would be due on Dec.
31 of each year and be made publicly available.

Part M: Establishes the Statewide Housing Security and Tenant Protection
Act of 2019."

*Section one sets forth the short title.
*Section two strengthens tenant protections against retaliatory
evictions.
*Section three requires written notice before increasing the rent or
refusing to renew a ase.
*Section four requires a landlord to, in good faith and according to
their resources and abilities, take reasonable and customary steps to
re-rent a unit if the tenant vacates before the end of the lease term.
*Section five bans the use of "tenant blacklists" and protects a
tenant's ability to fight for their rights in housing court.
*Sections six and seven conform existing notice requirements for month-
to-month tenancies to the notice requirement created by section three.
*Section eight prohibits landlords from recovering attorneys' fees when
the tenant does not contest the eviction and the landlord wins a default
judgment.
*Section nine provides more robust record-keeping when tenants pay with
cash and requires notice if the landlord does not receive payment within
five days of the due date.
*Section ten prohibits landlords from charging application fees, except
the actual cost of background checks and credit checks, and limits late
fees to $50 or 5% of the monthly rent, whichever is less.
*Section eleven defines "rent" for the purposes of eviction proceedings
to exclude extraneous fees and charges to protect tenants from eviction
due to failure to pay fees.
*Section twelve requires a written demand for rent with 14 days' notice
before beginning an eviction proceeding for non-payment of rent.
*Section thirteen allows a tenant to pay the full amount of rent due
before the hearing on an eviction petition and avoid eviction.
*Sections fourteen and fifteen provide an additional five days for
tenants to respond to petitions for eviction.
*Section sixteen allows the tenant to answer the petition at the hear-
ing, rather than providing an answer three days before the hearing.
*Section seventeen provides tenants with at least one adjournment of an
eviction proceeding of at least 14 days, as of right, and it reforms the
requirements for payment of use and occupancy in New York City Housing
Court.
*Section eighteen repeals section 747-a of the Real Property Actions and
Proceedings Law.
*Section nineteen provides tenants with at least 14 days notice before
the execution of an eviction warrant and requires additional information
on the warrant. If the eviction was for non-payment of rent, it also
allows the tenant to pay the full amount of rent due before the
execution of the warrant and avoid eviction, unless the tenant withheld
the rent in bad faith.
*Section twenty repeals an expired subdivision of the Real Property
Actions and Proceedings Law.
*Section twenty-one allows judges to issue a stay of eviction for up to
one year where the tenant cannot find suitable housing in the same
neighborhood or the eviction would cause extreme hardship. It also
provides an automatic 30 day stay of eviction where the eviction is
based on breach of a provision of the lease to allow the tenant an
opportunity to cure the breach.
*Section twenty-two expands the requirement that a court stay eviction
proceedings if utilities have been cut off to the building due to the
landlord's failure to pay for utilities. Currently, this only applies to
multiple dwellings, but this section makes it apply to all dwellings.
*Section twenty-three requires the court to seal an eviction if it was
the result of a foreclosure of the building and the tenant was not at
fault.
*Section twenty-four creates the crime of unlawful eviction.
*Section twenty-five limits security deposits to one month's rent and
requires the return of the deposit within 14 days of the end of occupan-
cy with an itemized statement for any portion of the deposit withheld.
*Section twenty-six prohibits the Office of Court Administration from
selling housing court data to third parties.
*Section twenty-seven creates the New York State Temporary Commission on
Housing Security and Tenant Protection, which will study the impacts of
the bill and issue a report recommending future legislation by December
31, 2022.
*Section twenty-eight provides a severability clause.
*Section twenty-nine provides the effective date.


Part N. Reforms Condo & Co-Op Conversions to repeal eviction plan
conversions, limit non-eviction plan conversions of rent regulated
buildings to preserve the rental housing stock, and provide additional
protections for senior citizens and disabled tenants in buildings seek-
ing a non-eviction plan conversion.
Part 0: Mobile & Manufactured Home Part Tenant Protections:
*Establishes Rent-to-Own protections;
*Requires a Homeowner Rights rider to leases;.
*Requires a stipend to be paid to homeowners evicted for the conversion
of the use of the park parcels the home is situated on and 2 years
notice of the change of use;.
*Provides stronger protections against evictions; and,
*Limits rent increases to 3% with the ability of tenants to challenge in
court any higher increases.

 
EXISTING LAW:

New bill.

 
JUSTIFICATION:

Rent regulations were enacted in response to an ongoing housing shortage
crisis, as evidenced by an extremely low vacancy rate. Under tight
rental markets, tenants struggle to secure safe, affordable housing, and
landlords have little incentive to keep tenants in place long term by
offering consistently low rent increases. Today, the City of New York
and municipalities in Nassau, Westchester, and Rockland counties strug-
gle to protect their regulated housing stock, which provides and main-
tains affordable housing for millions of low and middle income tenants.
Rent regulations have been proven to protect tenants while allowing
owners to invest in their buildings. Municipalities struggling with the
same housing pressures deserve to have the same access to rent regu-
lations that New York City residents have had for decades. This would
allow local governments the opportunity to protect their housing stock
as well, so residents can afford to live there without the threat of
eviction, the fear of rapid and unaffordable rent increases, or rent
burden.

As has been extensively documented, New York State ranks only 39th in
the nation for tenant protections. For tenants who rent market-rate
units, this legislation would ensure they do not face unreasonable
barriers to applying for and being offered leases; have more notice if a
landlord wants to bring a court proceeding against them; allow more
leniency throughout any eviction proceeding, including stays of eviction
and executions of warrants; and ensure that any eviction that is
executed is done so in the interest of justice.

Mobile and manufactured homes (MMH) are a critical component to solving
the affordable housing crisis in upstate and rural communities across
New York State. These provisions would implement sweeping changes to
protect MMH owners who rent plots of land from a park owner or operator
and MMH tenants wishing to rent to own a home already situated on a plot
of land, to prevent displacement and park owner/operator abuses.

 
LEGISLATIVE HISTORY:
New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Effective immediately.

2019-S6458 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 6458                                                  A. 8281
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               June 11, 2019
                                ___________
 
 IN  SENATE  --  Introduced  by  Sens.  STEWART-COUSINS, KAVANAGH, MYRIE,
   GIANARIS, SALAZAR, SERRANO, KRUEGER, BAILEY,  RAMOS,  PARKER  --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Rules
 
 IN ASSEMBLY -- Introduced by  M.  of  A.  HEASTIE,  CYMBROWITZ,  HUNTER,
   DINOWITZ,  O'DONNELL,  L. ROSENTHAL,  THIELE,  BRONSON, RYAN, BARRETT,
   MOSLEY, PICHARDO, BARRON, JOYNER, RICHARDSON,  NIOU,  EPSTEIN,  ROMEO,
   GOTTFRIED,  LENTOL,  WEINSTEIN,  NOLAN,  COOK,  GLICK,  AUBRY,  PERRY,
   ARROYO, COLTON,  PEOPLES-STOKES,  TITUS,  BENEDETTO,  HEVESI,  JAFFEE,
   DenDEKKER,   CRESPO,  M. L. MILLER,  WEPRIN,  QUART,  SOLAGES,  STECK,
   BICHOTTE, BLAKE, DILAN, SEAWRIGHT, SIMON, WALKER, CARROLL, DE LA ROSA,
   D. ROSENTHAL, TAYLOR,  CRUZ,  FERNANDEZ,  FRONTUS,  JACOBSON,  RAYNOR,
   REYES, SAYEGH -- read once and referred to the Committee on Housing
 
 AN  ACT  to amend chapter 576 of the laws of 1974 amending the emergency
   housing rent control law relating to the control of and  stabilization
   of  rent  in  certain  cases,  the emergency housing rent control law,
   chapter 329 of the laws of 1963 amending the  emergency  housing  rent
   control  law  relating  to  recontrol of rents in Albany, and the rent
   regulation reform act of 1997, in relation to making  such  provisions
   permanent;  to  amend  chapter  555  of  the laws of 1982 amending the
   general business law and the administrative code of the  city  of  New
   York  relating to conversion of residential property to cooperative or
   condominium ownership in the city of New York, chapter 402 of the laws
   of 1983 amending the general business law relating  to  conversion  of
   rental residential property to cooperative or condominium ownership in
   certain  municipalities  in  the  counties  of Nassau, Westchester and
   Rockland, in relation to making such provisions permanent (Part A); to
   repeal certain provisions of the administrative code of  the  city  of
   New  York,  the  emergency  tenant protection act of nineteen seventy-
   four, the emergency housing rent control law and the  local  emergency
   rent  control act, relating to rent increases after vacancy of a hous-
   ing accommodation (Part B); to amend the administrative  code  of  the
   city  of  New York and the emergency tenant protection act of nineteen
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD11905-07-9

 S. 6458                             2                            A. 8281
 
   seventy-four, in relation 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, in relation
   to  prohibiting  a county rent guidelines board from establishing rent
   adjustments for class A dwelling units based on certain considerations
   (Part C); to amend the emergency tenant  protection  act  of  nineteen
   seventy-four,  in  relation  to  vacancies in certain housing accommo-
   dations; and to repeal paragraphs  12  and  13  of  subdivision  a  of
   section  5  and section 5-a of section 4 of chapter 576 of the laws of
   1974 constituting the emergency  tenant  protection  act  of  nineteen
   seventy-four,  paragraph  (n) of subdivision 2 of section 2 of chapter
   274 of the laws of  1946,  constituting  the  emergency  housing  rent
   control law, and sections 26-504.1, 26-504.2 and 26-504.3 and subpara-
   graph  (k)  of  paragraph  2 of subdivision e of section 26-403 of the
   administrative code of the city  of  New  York,  relating  to  vacancy
   decontrol  (Part  D);  to amend the emergency tenant protection act of
   nineteen seventy-four and the administrative code of the city  of  New
   York,  in  relation  to the regulation of rents (Part E); to amend the
   emergency tenant protection act of nineteen seventy-four, the adminis-
   trative code of the city of New York and the civil  practice  law  and
   rules,  in  relation  to  investigation  of rent overcharge complaints
   (Part F); to establish the "statewide tenant protection act of  2019";
   and  to amend the emergency tenant protection act of nineteen seventy-
   four, in relation to expanding rent and eviction protections statewide
   (Part G); to amend the administrative code of the city of New York and
   the emergency housing rent control law, in relation to the  establish-
   ment  of  rent adjustments and prohibition of fuel pass-along charges;
   and to repeal certain provisions of the  administrative  code  of  the
   city  of  New York relating thereto (Part H); to amend the administra-
   tive 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 land-
   lord (Part I); to amend the emergency tenant protection act  of  nine-
   teen  seventy-four,  in  relation  to  not-for-profits' use of certain
   residential  dwellings  (Part  J);  to  amend  the  emergency   tenant
   protection  act  of  nineteen seventy-four, the emergency housing rent
   control law, and the administrative code of the city of New  York,  in
   relation to a temporary increase in rent in certain cases (Part K); to
   amend  the public housing law, in relation to enacting the "rent regu-
   lation reporting act of 2019" (Part L); to  amend  the  real  property
   law,  the real property actions and proceedings law, the general obli-
   gations law and the judiciary law, in relation to enacting the "state-
   wide housing security and tenant protection act of 2019";  establishes
   the New York state temporary commission on housing security and tenant
   protection;  and  to  repeal  certain  provisions of the real property
   actions and proceedings law relating thereto (Part M);  to  amend  the
   general  business  law,  in  relation to conversions to cooperative or
   condominium ownership in the city of New York (Part N); and  to  amend
   the  real property law, in relation to the duties and responsibilities
   of manufactured home park owners and residents (Part O)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

 S. 6458                             3                            A. 8281
 
   Section  1.  This  act enacts into law major components of legislation
 relating to rent regulation and tenant protection.   Each  component  is
 wholly  contained  within  a  Part  identified as Parts A through O. The
 effective date for each particular provision contained within such  Part
 is  set  forth  in  the  last section of such Part. Any provision in any
 section contained within a Part, including the  effective  date  of  the
 Part,  which  makes a reference to a section "of this act", when used in
 connection with that particular component, shall be deemed to  mean  and
 refer  to  the  corresponding  section of the Part in which it is found.
 Section three of this act sets forth the general effective date of  this
 act.

                                  PART A
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Housing Stability and Tenant Protection Act of 2019".
   § 1-a. Section 17 of chapter 576 of the  laws  of  1974  amending  the
 emergency  housing  rent  control  law  relating  to  the control of and
 stabilization of rent in certain cases, as amended  by  section  1-a  of
 part A of chapter 20 of the laws of 2015, is amended to read as follows:
   §  17.  Effective  date.    This act shall take effect immediately and
 shall remain in full force and effect [until and including the fifteenth
 day of June 2019] THEREAFTER; except that sections two and  three  shall
 take  effect with respect to any city having a population of one million
 or more and section one shall take effect  with  respect  to  any  other
 city,  or  any  town or village whenever the local legislative body of a
 city, town or village determines the existence  of  a  public  emergency
 pursuant  to  section  three  of  the emergency tenant protection act of
 nineteen seventy-four, as enacted by  section  four  of  this  act,  and
 provided  that  the housing accommodations subject on the effective date
 of this act to stabilization pursuant to the New York city rent stabili-
 zation law of nineteen hundred sixty-nine shall remain subject  to  such
 law [upon the expiration of this act] THEREAFTER.
   §  2.  Subdivision  2  of section 1 of chapter 274 of the laws of 1946
 constituting the emergency housing  rent  control  law,  as  amended  by
 section  2  of  part  A of chapter 20 of the laws of 2015, is amended to
 read as follows:
   2. The provisions  of  this  act,  and  all  regulations,  orders  and
 requirements thereunder shall remain in full force and effect [until and
 including June 15, 2019] THEREAFTER.
   §  3.  Section 2 of chapter 329 of the laws of 1963 amending the emer-
 gency housing rent control law relating to recontrol of rents in Albany,
 as amended by section 3 of part A of chapter 20 of the laws of 2015,  is
 amended to read as follows:
   §  2.  This  act  shall  take effect immediately and the provisions of
 subdivision 6 of section 12 of the emergency housing rent  control  law,
 as  added  by this act, shall remain in full force and effect [until and
 including June 15, 2019] THEREAFTER.
   § 4. Section 10 of chapter 555 of the laws of 1982 amending the gener-
 al business law and the administrative code of  the  city  of  New  York
 relating  to conversion of residential property to cooperative or condo-
 minium ownership in the city of New York, as amended  by  section  4  of
 part A of chapter 20 of the laws of 2015, is amended to read as follows:
   §  10.  This  act  shall  take  effect immediately; provided, that the
 provisions of sections one, two and nine of this  act  shall  remain  in
 full force and effect [only until and including June 15, 2019] THEREAFT-

 S. 6458                             4                            A. 8281
 
 ER;  provided  further  that the provisions of section three of this act
 shall remain in full force and effect only so long as the  public  emer-
 gency  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;  provided  further  that  the
 provisions  of  sections  four,  five,  six  and seven of this act shall
 expire in accordance with the provisions of section 26-520 of the admin-
 istrative code of the city of New York as such section of  the  adminis-
 trative  code  is, from time to time, amended; provided further that the
 provisions of section 26-511 of the administrative code of the  city  of
 New  York, as amended by this act, which the New York City Department of
 Housing Preservation and Development must find are contained in the code
 of the real estate industry stabilization association of  such  city  in
 order  to approve it, shall be deemed contained therein as of the effec-
 tive date of this act; and provided further that any plan  accepted  for
 filing  by the department of law on or before the effective date of this
 act shall continue to be governed by the provisions of section  352-eeee
 of the general business law as they had existed immediately prior to the
 effective date of this act.
   § 5. Section 4 of chapter 402 of the laws of 1983 amending the general
 business  law  relating  to conversion of rental residential property to
 cooperative or condominium ownership in certain  municipalities  in  the
 counties of Nassau, Westchester and Rockland, as amended by section 5 of
 part A of chapter 20 of the laws of 2015, is amended to read as follows:
   §  4.  This  act  shall  take  effect  immediately; provided, that the
 provisions of sections one and three of this act shall  remain  in  full
 force  and  effect  [only until and including June 15, 2019] THEREAFTER;
 and provided further that any plan accepted for filing by the department
 of law on or before the effective date of this act shall continue to  be
 governed  by  the  provisions of section 352-eee of the general business
 law as they had existed immediately prior to the effective date of  this
 act.
   §  6.  Subdivision  6 of section 46 of chapter 116 of the laws of 1997
 constituting the rent regulation reform act of 1997 is REPEALED.
   § 7. This act shall take effect immediately.
 
                                  PART B
 
   Section 1. Paragraph 5-a of subdivision c of  section  26-511  of  the
 administrative code of the city of New York is REPEALED.
   §  2.  Subdivision  (a-1) of section 10 of section 4 of chapter 576 of
 the laws of 1974, constituting the emergency tenant  protection  act  of
 nineteen seventy-four is REPEALED.
   § 3. Subdivision f of section 26-512 of the administrative code of the
 city of New York is REPEALED.
   §  4.  Subdivision  g  of section 6 of section 4 of chapter 576 of the
 laws of 1974, constituting the emergency tenant protection act of  nine-
 teen seventy-four is REPEALED.
   §  5.  Subdivision  9 of section 5 of chapter 274 of the laws of 1946,
 constituting the emergency housing rent control law is REPEALED.
   § 6. Section 26-403.2 of the administrative code of the  city  of  New
 York is REPEALED.
   § 7. The sixth undesignated paragraph of subdivision 5 of section 1 of
 chapter  21  of  the laws of 1962, constituting the local emergency rent
 control act, as amended by chapter 82 of the laws of 2003, is REPEALED.
   § 8. This act shall take effect immediately.

 S. 6458                             5                            A. 8281
 
                                  PART C
 
   Section  1.  Section  26-510 of the administrative code of the city of
 New York is amended by adding a new subdivision j 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  RENT  GUIDELINES  BOARDS
 SHALL  NO LONGER PROMULGATE ADJUSTMENTS FOR VACANCY LEASES UNLESS OTHER-
 WISE AUTHORIZED BY THIS CHAPTER.
   § 2. Section 4 of section 4 of  chapter  576  of  the  laws  of  1974,
 constituting  the  emergency  tenant protection act of nineteen seventy-
 four, is amended by adding a new subdivision e 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  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 chapter 403 of
 the laws of 1983, is amended to read as follows:
   A county rent  guidelines  board  shall  establish  [annually]  ANNUAL
 guidelines  for  rent  adjustments  which, at its sole discretion may be
 varied and different for and within the several zones and  jurisdictions
 of  the  board,  and  in  determining whether rents for housing accommo-
 dations 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  interest), (iv) over-all supply of housing accommodations and
 over-all vacancy 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
 thereafter  not  later  than  July first of each year, a rent guidelines
 board shall file with  the  state  division  of  housing  and  community
 renewal its findings for the preceding calendar year, and shall accompa-
 ny  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 adjust-
 ments may be applicable for the entire county or may be varied according
 to such 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  ADJUST-
 MENTS  BASED  ON  THE  CURRENT RENTAL COST OF A UNIT OR ON THE AMOUNT OF
 TIME THAT HAS ELAPSED SINCE ANOTHER RENT INCREASE WAS AUTHORIZED  PURSU-
 ANT TO THIS CHAPTER.
   § 4. Subdivision b of section 26-510 of the administrative code of the
 city of New York is amended to read as follows:
   b.  The rent guidelines board shall establish [annually] ANNUAL guide-
 lines for rent adjustments, and in determining whether rents for housing
 accommodations subject to the emergency tenant protection act  of  nine-
 teen  seventy-four  or  this law shall be adjusted shall consider, among
 other things (1) the economic condition of the residential  real  estate

 S. 6458                             6                            A. 8281

 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, govern-
 mental fees, cost of fuel and labor costs), (iii) costs and availability
 of  financing  (including  effective  rates  of interest), (iv) over-all
 supply of housing accommodations and over-all vacancy rates,  (2)  rele-
 vant  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.  Not
 later than July first of each year, the rent guidelines board shall file
 with  the  city  clerk its findings 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 accommo-
 dations subject to this law,  authorized  for  leases  or  other  rental
 agreements commencing on the next succeeding October first or within the
 twelve months thereafter. Such findings and statement shall be published
 in the City Record.  THE RENT GUIDELINES BOARD SHALL NOT ESTABLISH ANNU-
 AL 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 TITLE.
   § 5. This act shall take effect immediately.
 
                                  PART D
 
   Section 1. Legislative findings  and  declaration  of  emergency.  The
 legislature  hereby finds and declares that the serious public emergency
 which led to the enactment of the existing laws  regulating  residential
 rents  and  evictions  continues  to  exist; that such laws would better
 serve the public interest if certain changes were made thereto,  includ-
 ing  the  continued  regulation  of  certain housing accommodations that
 become vacant.
   The legislature further  recognizes  that  severe  disruption  of  the
 rental  housing market has occurred and threatens to be exacerbated as a
 result of the present state of the law in relation to  the  deregulation
 of  housing  accommodations  upon  vacancy.  The situation has permitted
 speculative and profiteering practices and has brought about the loss of
 vital and irreplaceable affordable housing for working persons and fami-
 lies.
   The legislature therefore declares that in order to prevent uncertain-
 ty, potential hardship and dislocation  of  tenants  living  in  housing
 accommodations  subject  to  government  regulations  as  to rentals and
 continued occupancy as well as those not subject to such regulation, the
 provisions of this act are necessary to protect the public health, safe-
 ty and general welfare. The necessity in the  public  interest  for  the
 provisions  hereinafter enacted is hereby declared as a matter of legis-
 lative determination.
   § 2. Paragraph (n) of subdivision 2 of section 2 of chapter 274 of the
 laws of 1946, constituting the emergency housing rent  control  law,  is
 REPEALED.
   §  3. Paragraph 13 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.
   §  4.  Subparagraph  (k)  of  paragraph  2 of subdivision e of section
 26-403 of the administrative code of the city of New York is REPEALED.
   § 5. Sections 26-504.1, 26-504.2 and 26-504.3  of  the  administrative
 code of the city of New York are REPEALED.

 S. 6458                             7                            A. 8281
 
   §  6. Paragraph 12 of subdivision a of section 5 of chapter 576 of the
 laws of 1974, constituting the emergency tenant protection act of  nine-
 teen seventy-four, is REPEALED.
   §  7. Section 5-a of chapter 576 of the laws of 1974, constituting the
 emergency tenant protection act of nineteen seventy-four, is REPEALED.
   § 8. This act shall take effect immediately.
 
                                  PART E
 
   Section 1. Subdivision (a-2) of section 10 of section 4 of chapter 576
 of the laws of 1974, constituting the emergency tenant protection act of
 nineteen seventy-four, as amended by section 11 of part A of chapter  20
 of the laws of 2015, is amended to read as follows:
   (a-2)  [Provides  that  where] 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  renewal  or]  upon vacancy thereof, may, at the
 option of the owner, be based upon  such  previously  established  legal
 regulated  rent,  as  adjusted  by the most recent applicable guidelines
 increases and other increases authorized by law.  [Such housing accommo-
 dation shall be excluded from the provisions of  this  act  pursuant  to
 paragraph  thirteen  of  subdivision  a of section five of this act when
 subsequent to vacancy: (i) such legal regulated  rent  is  two  thousand
 five  hundred  dollars per month, or more, for any housing accommodation
 that is, or becomes, vacant after the effective date of the rent act  of
 2011  but  prior  to  the effective date of the rent act of 2015 or (ii)
 such legal regulated rent is two  thousand  seven  hundred  dollars  per
 month or more for any housing accommodation that is or becomes vacant on
 or after the rent act of 2015; starting on January 1, 2016, and annually
 thereafter,  the  maximum  legal  regulated  rent  for this deregulation
 threshold, shall also be increased by  the  same  percent  as  the  most
 recent  one  year  renewal  adjustment,  adopted  by the applicable rent
 guidelines board pursuant to the rent stabilization law.] 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 GUIDELINES INCREASES AND ANY
 OTHER INCREASES AUTHORIZED BY LAW.  PROVIDED, HOWEVER, THAT  FOR  BUILD-
 INGS  THAT  ARE SUBJECT TO THIS STATUTE BY VIRTUE OF A REGULATORY AGREE-
 MENT 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 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 HABITABILI-
 TY  SET FORTH IN SUBDIVISION ONE OF SECTION TWO HUNDRED THIRTY-FIVE-B OF
 THE REAL PROPERTY LAW.

 S. 6458                             8                            A. 8281
 
   § 2. Paragraph 14 of subdivision c of section 26-511 of  the  adminis-
 trative code of the city of New York, as amended by section 12 of part A
 of chapter 20 of the laws of 2015, is amended to read as follows:
   (14)  [provides  that] where the amount of rent charged to and paid by
 the tenant is less than the legal regulated rent for the housing  accom-
 modation, the amount of rent for such housing accommodation which may be
 charged  [upon  renewal  or] upon vacancy thereof, may, at the option of
 the owner, be based upon such  previously  established  legal  regulated
 rent, as adjusted by the most recent applicable guidelines increases and
 any  other  increases  authorized  by law.   [Such housing accommodation
 shall be excluded from the provisions of this code pursuant  to  section
 26-504.2  of  this  chapter  when, subsequent to vacancy: (i) such legal
 regulated rent prior to vacancy is two thousand five hundred dollars per
 month, or more, for any housing accommodation that is or becomes  vacant
 after the effective date of the rent act of 2011 but prior to the effec-
 tive  date  of the rent act of 2015 or (ii) such legal regulated rent is
 two thousand seven hundred dollars per month or more, provided,  however
 that  on  January  1,  2016,  and annually thereafter, the maximum legal
 regulated rent for this deregulation threshold shall be adjusted by  the
 same  percentage  as  the  most  recent  one  year renewal adjustment as
 adjusted by the relevant rent guidelines board, for any housing accommo-
 dation that is or becomes vacant on or after the rent act of 2015.]  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  PARA-
 GRAPH, 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  GUIDELINES  INCREASES  AND  ANY
 OTHER  INCREASES  AUTHORIZED BY LAW.  PROVIDED, HOWEVER, THAT FOR BUILD-
 INGS THAT ARE SUBJECT TO THIS STATUTE BY VIRTUE OF A  REGULATORY  AGREE-
 MENT  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 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  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 HABITABILI-
 TY SET FORTH IN SUBDIVISION ONE OF SECTION TWO HUNDRED THIRTY-FIVE-B  OF
 THE REAL PROPERTY LAW.
   §  3.  This act shall take effect immediately; provided, further, that
 the amendments to section 26-511 of chapter 4 of title 26 of the  admin-
 istrative  code  of the city of New York made by section two of this act
 shall expire on the same date as such law expires and shall  not  affect
 the expiration of such law as provided under section 26-520 of such law.
 
                                  PART F
 
   Section  1. Paragraph 1 of subdivision a of section 12 of section 4 of
 chapter 576 of the laws  of  1974,  constituting  the  emergency  tenant
 protection  act  of  nineteen seventy-four, as amended by chapter 403 of

 S. 6458                             9                            A. 8281
 
 the laws of 1983, the opening paragraph and clause (i)  of  subparagraph
 (b) as amended by chapter 116 of the laws of 1997, is amended to read as
 follows:
   (1)  Subject  to the conditions and limitations of this paragraph, any
 owner of housing accommodations in a city having a  population  of  less
 than  one million or a town or village as to which an emergency has been
 declared pursuant to section three, who, upon complaint of a  tenant  or
 of  the state division of housing and community renewal, is found by the
 state division of housing and  community  renewal,  after  a  reasonable
 opportunity  to be heard, to have collected an overcharge above the rent
 authorized for a housing accommodation subject  to  this  act  shall  be
 liable  to  the  tenant for a penalty equal to three times the amount of
 such overcharge. [In no  event  shall  such  treble  damage  penalty  be
 assessed against an owner based solely on said owner's failure to file a
 proper  or timely initial or annual rent registration statement.] If the
 owner establishes by a preponderance of the evidence that the overcharge
 was neither willful nor attributable to his negligence, the state  divi-
 sion of housing and community renewal shall establish the penalty as the
 amount  of  the overcharge plus interest at the rate of interest payable
 on a judgment pursuant to section five thousand four of the civil  prac-
 tice  law and rules. AFTER A COMPLAINT OF RENT OVERCHARGE HAS BEEN FILED
 AND SERVED ON AN OWNER, THE VOLUNTARY ADJUSTMENT OF THE RENT AND/OR  THE
 VOLUNTARY TENDER OF A REFUND OF RENT OVERCHARGES SHALL NOT BE CONSIDERED
 BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OR A COURT OF COMPETENT
 JURISDICTION AS EVIDENCE THAT THE OVERCHARGE WAS NOT WILLFUL. (i) Except
 as  to  complaints  filed pursuant to clause (ii) of this paragraph, the
 legal regulated rent for purposes of determining an overcharge, shall be
 deemed to be the rent indicated  in  the  MOST  RECENT  RELIABLE  annual
 registration  statement  FOR  A  RENT STABILIZED TENANT filed [four] AND
 SERVED UPON THE TENANT SIX OR MORE years prior to the most recent regis-
 tration statement, (or, if more recently filed, the initial registration
 statement) plus in each case any subsequent lawful increases and adjust-
 ments. [Where the amount of rent set forth in the annual rent  registra-
 tion  statement  filed  four years prior to the most recent registration
 statement is not challenged within four years  of  its  filing,  neither
 such  rent nor service of any registration shall be subject to challenge
 at any time thereafter.] THE DIVISION OF HOUSING AND  COMMUNITY  RENEWAL
 OR  A  COURT  OF  COMPETENT JURISDICTION, IN INVESTIGATING COMPLAINTS OF
 OVERCHARGE AND IN DETERMINING LEGAL REGULATED RENT, SHALL  CONSIDER  ALL
 AVAILABLE RENT HISTORY WHICH IS REASONABLY NECESSARY TO MAKE SUCH DETER-
 MINATIONS. (ii) As to complaints filed within ninety days of the initial
 registration  of  a  housing accommodation, the legal regulated rent for
 purposes of determining an overcharge shall be deemed  to  be  the  rent
 charged  on  the  date [four] SIX years prior to the date of the initial
 registration of the housing accommodation (or, if the  housing  accommo-
 dation  was  subject  to  this  act  for less than [four] SIX years, the
 initial legal regulated rent) plus in each case,  any  lawful  increases
 and  adjustments.  Where  the  rent charged on the date [four] SIX years
 prior to the date of  the  initial  registration  of  the  accommodation
 cannot  be  established, such rent shall be established by the division.
 [Where the amount of rent set forth  in  the  annual  rent  registration
 statement  filed four years prior to the most recent registration state-
 ment is not challenged within four years of  its  filing,  neither  such
 rent  nor  service  of any registration shall be subject to challenge at
 any time thereafter.]

 S. 6458                            10                            A. 8281
 
   (a) The order of the state division of housing and  community  renewal
 shall  apportion  the  owner's  liability  between  or among two or more
 tenants found to have  been  overcharged  by  such  owner  during  their
 particular tenancy of a unit.
   (b)  (i)  Except  as  provided  under  clauses  (ii) and (iii) of this
 subparagraph, a complaint under this subdivision [shall]  MAY  be  filed
 with  the  state  division of housing and community renewal [within four
 years of the first overcharge alleged and no determination of  an  over-
 charge and no award or calculation of an award of the amount of an over-
 charge  may  be  based upon an overcharge having occurred more than four
 years before the complaint is filed. This paragraph shall preclude exam-
 ination of the rental history of the housing accommodation prior to  the
 four-year  period  preceding  the filing of a complaint pursuant to this
 subdivision] OR IN A COURT OF COMPETENT JURISDICTION AT ANY TIME, HOWEV-
 ER ANY RECOVERY OF OVERCHARGE PENALTIES SHALL  BE  LIMITED  TO  THE  SIX
 YEARS PRECEDING THE COMPLAINT.
   (ii)  [No]  A penalty of three times the overcharge [may be based upon
 an overcharge having occurred more than two years before  the  complaint
 is  filed  or  upon  an  overcharge which occurred prior to April first,
 nineteen hundred eighty-four] SHALL BE  ASSESSED  UPON  ALL  OVERCHARGES
 WILLFULLY COLLECTED BY THE OWNER STARTING SIX YEARS BEFORE THE COMPLAINT
 IS FILED.
   (iii) Any complaint based upon overcharges occurring prior to the date
 of  filing of the initial rent registration as provided in subdivision b
 of section twelve-a of this act shall be filed within ninety days of the
 mailing of notice to the tenant of such registration.
   (c) Any affected tenant shall be notified of and given an  opportunity
 to  join  in  any complaint filed by an officer or employee of the state
 division of housing and community renewal.
   (d) An owner found  to  have  overcharged  shall,  in  all  cases,  be
 assessed the reasonable costs and attorney's fees of the proceeding, and
 interest from the date of the overcharge at the rate of interest payable
 on  a judgment pursuant to section five thousand four of the civil prac-
 tice law and rules.
   (e) The order of the state division of housing and  community  renewal
 awarding  penalties  may, upon the expiration of the period in which the
 owner may institute a proceeding pursuant to  article  seventy-eight  of
 the  civil  practice law and rules, be filed and enforced by a tenant in
 the same manner as a judgment or, in the alternative, not in  excess  of
 twenty  percent  thereof per month may be offset against any rent there-
 after due the owner.
   (f) Unless a tenant shall have filed a complaint  of  overcharge  with
 the  division  which complaint has not been withdrawn, nothing contained
 in this section shall be deemed to prevent a tenant or tenants, claiming
 to have been overcharged, from commencing an  action  or  interposing  a
 counterclaim  in  a court of competent jurisdiction for damages equal to
 the overcharge and the penalty provided for in this  section,  including
 interest from the date of the overcharge at the rate of interest payable
 on  a judgment pursuant to section five thousand four of the civil prac-
 tice law and rules, plus the statutory costs and allowable disbursements
 in connection with the proceeding. [Such action  must  be  commenced  or
 counterclaim  interposed  within  four  years of the date of the alleged
 overcharge but no recovery of three times the amount of  the  overcharge
 may  be  awarded  with respect to any overcharge which had occurred more
 than two years before the action is commenced or counterclaim is  inter-

 S. 6458                            11                            A. 8281

 posed.]  THE COURTS AND THE DIVISION SHALL HAVE CONCURRENT JURISDICTION,
 SUBJECT TO THE TENANT'S CHOICE OF FORUM.
   §  2. Paragraph 8 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 amended by chapter 403 of
 the laws of 1983, is amended and a new paragraph 9 is added to  read  as
 follows:
   (8)  [Any]  EXCEPT WHERE A SPECIFIC PROVISION OF THIS LAW REQUIRES THE
 MAINTENANCE OF RENT RECORDS FOR A LONGER PERIOD,  INCLUDING  RECORDS  OF
 THE USEFUL LIFE OF IMPROVEMENTS MADE TO ANY HOUSING ACCOMMODATION OR ANY
 BUILDING,  ANY  owner  who  has  duly registered a housing accommodation
 pursuant to section twelve-a of this act shall not be required to  main-
 tain  or  produce  any records relating to rentals of such accommodation
 more than [four] SIX years prior to  the  most  recent  registration  or
 annual  statement  for such accommodation.  HOWEVER, AN OWNER'S ELECTION
 NOT TO MAINTAIN RECORDS SHALL NOT LIMIT THE AUTHORITY OF THE DIVISION OF
 HOUSING AND COMMUNITY RENEWAL AND  THE  COURTS  TO  EXAMINE  THE  RENTAL
 HISTORY  AND  DETERMINE  LEGAL REGULATED RENTS PURSUANT TO THIS SUBDIVI-
 SION.
   (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, 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

 S. 6458                            12                            A. 8281
 
   (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.
   §  3.  Subdivision  b of section 12 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 chapter 403 of the laws of 1983, is
 amended to read as follows:
   b. Within a city having a population of one million or more, the state
 division of housing and community renewal  shall  have  such  powers  to
 enforce this act as shall be provided in the New York city rent stabili-
 zation  law  of  nineteen  hundred  sixty-nine,  as amended, or as shall
 otherwise be provided by law.   UNLESS  A  TENANT  SHALL  HAVE  FILED  A
 COMPLAINT  OF  OVERCHARGE WITH THE DIVISION WHICH COMPLAINT HAS NOT BEEN
 WITHDRAWN, NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO  PREVENT
 A  TENANT OR TENANTS, CLAIMING TO HAVE BEEN OVERCHARGED, FROM COMMENCING
 AN ACTION OR INTERPOSING A COUNTERCLAIM IN A COURT OF  COMPETENT  JURIS-
 DICTION FOR DAMAGES EQUAL TO THE OVERCHARGE AND THE PENALTY PROVIDED FOR
 IN  THIS  SECTION, INCLUDING INTEREST FROM THE DATE OF THE OVERCHARGE AT
 THE RATE OF INTEREST PAYABLE ON A  JUDGMENT  PURSUANT  TO  SECTION  FIVE
 THOUSAND  FOUR  OF  THE CIVIL PRACTICE LAW AND RULES, PLUS THE STATUTORY
 COSTS AND ALLOWABLE DISBURSEMENTS IN CONNECTION WITH THE PROCEEDING. THE
 COURTS AND THE DIVISION SHALL HAVE CONCURRENT JURISDICTION,  SUBJECT  TO
 THE TENANT'S CHOICE OF FORUM.
   § 4. Subdivision a of section 26-516 of the administrative code of the
 city  of  New  York,  as  amended by chapter 116 of the laws of 1997, is
 amended to read as follows:
   a. Subject to the conditions and limitations of this subdivision,  any
 owner  of  housing accommodations who, upon complaint of a tenant, or of
 the state division of housing and community renewal,  is  found  by  the
 state  division  of  housing  and  community renewal, after a reasonable
 opportunity to be heard, to have collected an overcharge above the  rent
 authorized  for a housing accommodation subject to this chapter shall be
 liable to the tenant for a penalty equal to three times  the  amount  of
 such  overcharge.  [In  no  event  shall  such  treble damage penalty be
 assessed against an owner based solely on said owner's failure to file a
 timely or proper initial or annual rent registration statement.] If  the
 owner establishes by a preponderance of the evidence that the overcharge
 was  not  willful,  the  state division of housing and community renewal
 shall establish the penalty as the amount of the overcharge plus  inter-
 est.   AFTER A COMPLAINT OF RENT OVERCHARGE HAS BEEN FILED AND SERVED ON
 AN OWNER, THE VOLUNTARY ADJUSTMENT OF  THE  RENT  AND/OR  THE  VOLUNTARY
 TENDER  OF  A  REFUND OF RENT OVERCHARGES SHALL NOT BE CONSIDERED BY THE
 DIVISION OF HOUSING AND COMMUNITY RENEWAL OR A COURT OF COMPETENT JURIS-
 DICTION AS EVIDENCE THAT THE OVERCHARGE WAS NOT WILLFUL. (i)  Except  as
 to complaints filed pursuant to clause (ii) of this paragraph, the legal
 regulated  rent  for purposes of determining an overcharge, shall be the
 rent indicated in the MOST RECENT RELIABLE annual registration statement
 filed [four] AND SERVED UPON THE TENANT SIX OR MORE years prior  to  the
 most  recent  registration  statement,  (or, if more recently filed, the
 initial registration statement) plus in each case any subsequent  lawful
 increases  and  adjustments.  [Where the amount of rent set forth in the
 annual rent registration statement filed four years prior  to  the  most
 recent registration statement is not challenged within four years of its
 filing,  neither  such  rent  nor  service  of any registration shall be
 subject to challenge at any time thereafter.] THE  DIVISION  OF  HOUSING
 AND  COMMUNITY RENEWAL OR A COURT OF COMPETENT JURISDICTION, IN INVESTI-

 S. 6458                            13                            A. 8281
 
 GATING COMPLAINTS OF OVERCHARGE AND IN DETERMINING LEGAL REGULATED RENT,
 SHALL CONSIDER ALL AVAILABLE RENT HISTORY WHICH IS REASONABLY  NECESSARY
 TO  MAKE  SUCH DETERMINATIONS. (ii) As to complaints filed within ninety
 days  of  the initial registration of a housing accommodation, the legal
 regulated rent shall be deemed to be the rent charged on the date [four]
 SIX years prior to the date of the initial registration of  the  housing
 accommodation  (or,  if  the  housing  accommodation was subject to this
 chapter for less than [four] SIX  years,  the  initial  legal  regulated
 rent) plus in each case, any lawful increases and adjustments. Where the
 rent  charged  on  the  date  [four]  SIX years prior to the date of the
 initial registration of the accommodation cannot  be  established,  such
 rent shall be established by the division.
   Where the PRIOR rent charged [on the date four years prior to the date
 of  initial  registration  of]  FOR  the housing accommodation cannot be
 established, such rent shall be established  by  the  division  provided
 that  where  a rent is established based on rentals determined under the
 provisions of the local emergency housing rent  control  act  such  rent
 must be adjusted to account for no less than the minimum increases which
 would  be  permitted if the housing accommodation were covered under the
 provisions of this chapter, LESS ANY APPROPRIATE PENALTIES.  [Where  the
 amount of rent set forth in the annual rent registration statement filed
 four  years prior to the most recent registration statement is not chal-
 lenged within four years of its filing, neither such rent nor service of
 any registration shall be subject to challenge at any time thereafter.]
   (1) The order of the state division of housing and  community  renewal
 OR COURT OF COMPETENT JURISDICTION shall apportion the owner's liability
 between  or  among two or more tenants found to have been overcharged by
 such owner during their particular tenancy of a unit.
   (2) [Except as provided under clauses (i) and (ii) of this  paragraph,
 a]  A  complaint  under  this  subdivision [shall] MAY be filed with the
 state division of housing and community renewal [within  four  years  of
 the  first  overcharge alleged and no determination of an overcharge and
 no award or calculation of an award of the amount of an  overcharge  may
 be  based upon an overcharge having occurred more than four years before
 the complaint is filed] OR IN A COURT OF COMPETENT JURISDICTION  AT  ANY
 TIME,  HOWEVER  ANY RECOVERY OF OVERCHARGE PENALTIES SHALL BE LIMITED TO
 THE SIX YEARS PRECEDING THE COMPLAINT.   [(i) No]  A  penalty  of  three
 times  the  overcharge  [may be based upon an overcharge having occurred
 more than two years] SHALL BE ASSESSED UPON  ALL  OVERCHARGES  WILLFULLY
 COLLECTED  BY THE OWNER STARTING SIX YEARS before the complaint is filed
 [or upon an overcharge which occurred prior  to  April  first,  nineteen
 hundred eighty-four. (ii) Any complaint based upon overcharges occurring
 prior to the date of filing of the initial rent registration as provided
 in  section  26-517 of this chapter shall be filed within ninety days of
 the mailing of notice to the tenant of such registration. This paragraph
 shall preclude examination of the rental history of the housing accommo-
 dation prior to the four-year period preceding the filing of a complaint
 pursuant to this subdivision].
   (3) Any affected tenant shall be notified of and given an  opportunity
 to  join  in  any complaint filed by an officer or employee of the state
 division of housing and community renewal.
   (4) An owner found to have overcharged [may]  SHALL  be  assessed  the
 reasonable costs and attorney's fees of the proceeding and interest from
 the date of the overcharge at the rate of interest payable on a judgment
 pursuant  to  section  five  thousand four of the civil practice law and
 rules.

 S. 6458                            14                            A. 8281
 
   (5) The order of the state division of housing and  community  renewal
 awarding  penalties  may, upon the expiration of the period in which the
 owner may institute a proceeding pursuant to  article  seventy-eight  of
 the  civil  practice law and rules, be filed and enforced by a tenant in
 the same manner as a judgment or not in excess of twenty percent thereof
 per month may be offset against any rent thereafter due the owner.
   § 5. Subdivision g of section 26-516 of the administrative code of the
 city  of  New York is amended, subdivision h is relettered subdivision i
 and a new subdivision h is added to read as follows:
   g. [Any] EXCEPT WHERE A SPECIFIC PROVISION OF THIS  LAW  REQUIRES  THE
 MAINTENANCE  OF  RENT  RECORDS FOR A LONGER PERIOD, INCLUDING RECORDS OF
 THE USEFUL LIFE OF IMPROVEMENTS MADE TO ANY HOUSING ACCOMMODATION OR ANY
 BUILDING, ANY owner who has  duly  registered  a  housing  accommodation
 pursuant  to  section  26-517  of  this chapter shall not be required to
 maintain or produce any records relating to  rentals  of  such  accommo-
 dation for more than [four] SIX years prior to the most recent registra-
 tion  or  annual  statement  for such accommodation. HOWEVER, AN OWNER'S
 ELECTION NOT TO MAINTAIN RECORDS SHALL NOT LIMIT THE  AUTHORITY  OF  THE
 DIVISION  OF HOUSING AND COMMUNITY RENEWAL AND THE COURTS TO EXAMINE THE
 RENTAL HISTORY AND DETERMINE LEGAL  REGULATED  RENTS  PURSUANT  TO  THIS
 SECTION.
   H.  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
 (I) 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; (II) ANY ORDER ISSUED BY ANY  STATE,  MUNICIPAL  OR
 FEDERAL  AGENCY;  (III)  ANY RECORDS MAINTAINED BY THE OWNER OR TENANTS;
 AND (IV) ANY PUBLIC RECORD KEPT IN THE REGULAR COURSE OF BUSINESS BY ANY
 STATE, MUNICIPAL OR FEDERAL AGENCY. NOTHING CONTAINED IN  THIS  SUBDIVI-
 SION  SHALL LIMIT THE EXAMINATION OF RENT HISTORY RELEVANT TO A DETERMI-
 NATION 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 OR THE RENT STABILIZATION LAW;
   (III) WHETHER AN ORDER ISSUED BY THE DIVISION OF HOUSING AND COMMUNITY
 RENEWAL OR BY A COURT, INCLUDING, BUT NOT LIMITED  TO  AN  ORDER  ISSUED
 PURSUANT  TO SECTION 26-514 OF THIS CHAPTER, 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

 S. 6458                            15                            A. 8281
 
   (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.
   §  6. Section 213-a of the civil practice law and rules, as amended by
 chapter 116 of the laws of 1997, is amended to read as follows:
   § 213-a. [Actions to be  commenced  within  four  years;  residential]
 RESIDENTIAL rent overcharge. [An action on a residential rent overcharge
 shall be commenced within four years of the first overcharge alleged and
 no  determination  of  an  overcharge  and no award or calculation of an
 award of the amount of any overcharge may be based  upon  an  overcharge
 having  occurred  more  than  four years before the action is commenced.
 This section shall preclude examination of the  rental  history  of  the
 housing  accommodation prior to the four-year period immediately preced-
 ing the commencement of the action.] NO OVERCHARGE PENALTIES OR  DAMAGES
 MAY  BE  AWARDED  FOR  A PERIOD MORE THAN SIX YEARS BEFORE THE ACTION IS
 COMMENCED OR COMPLAINT IS FILED, HOWEVER, AN  OVERCHARGE  CLAIM  MAY  BE
 FILED  AT  ANY  TIME, AND THE CALCULATION AND DETERMINATION OF THE LEGAL
 RENT AND THE AMOUNT OF THE OVERCHARGE SHALL BE MADE IN  ACCORDANCE  WITH
 THE  PROVISIONS  OF  LAW  GOVERNING THE DETERMINATION AND CALCULATION OF
 OVERCHARGES.
   § 7. This act shall take effect immediately and  shall  apply  to  any
 claims pending or filed on and after such date; provided that the amend-
 ments  to  section 26-516 of chapter 4 of title 26 of the administrative
 code of the city of New York made by sections four and five of this  act
 shall  expire  on the same date as such law expires and shall not affect
 the expiration of such law as provided under section 26-520 of such law.
 
                                  PART G
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "statewide tenant protection act of 2019."
   §  2.  Section  2  of  section  4  of chapter 576 of the laws of 1974,
 constituting the emergency tenant protection act  of  nineteen  seventy-
 four, is amended to read as follows:
   §  2.  Legislative  finding. The legislature hereby finds and declares
 that a serious public emergency continues to exist in the housing  of  a
 considerable number of persons in the state of New York [which emergency
 was  at  its inception created by war, the effects of war and the after-
 math of hostilities], that such  emergency  [necessitated]  NECESSITATES
 the  intervention  of  federal,  state  and local government in order to
 prevent speculative, unwarranted and abnormal increases in  rents;  that
 there continues to exist in many areas of the state an acute shortage of
 housing  accommodations caused by continued high demand, attributable in
 part to new household formations and decreased supply, in large  measure
 attributable to reduced availability of federal subsidies, and increased
 costs of construction and other inflationary factors; that a substantial
 number  of  persons  residing  in  housing  not presently subject to the
 provisions of THIS ACT OR the emergency housing rent control law or  the
 local emergency housing rent control act are being charged excessive and
 unwarranted  rents  and  rent  increases;  that preventive action by the
 legislature continues to be imperative in order to prevent  exaction  of
 unjust,  unreasonable  and oppressive rents and rental agreements and to
 forestall profiteering, speculation and other disruptive practices tend-
 ing to produce threats to the public health, safety and general welfare;
 that in order to prevent  uncertainty,  hardship  and  dislocation,  the
 provisions  of this act are necessary and designed to protect the public

 S. 6458                            16                            A. 8281
 
 health, safety and general welfare; that the transition from  regulation
 to a normal market of free bargaining between landlord and tenant, while
 the  ultimate objective of state policy, must take place with due regard
 for  such  emergency;  and  that  the  policy  herein expressed shall be
 subject to determination of the existence of a public emergency  requir-
 ing the regulation of residential rents within any city, town or village
 by the local legislative body of such city, town or village.
   §  3.  Section  14  of  section  4 of chapter 576 of the laws of 1974,
 constituting the emergency tenant protection act  of  nineteen  seventy-
 four, is amended to read as follows:
   §  14.  Application of act. The provisions of this act shall [only] be
 applicable:
   a. in the city of New York; and
   b. in [the counties of Nassau, Westchester and Rockland] ALL  COUNTIES
 WITHIN  THE  STATE  OF  NEW  YORK OUTSIDE THE CITY OF NEW YORK and shall
 become and remain effective only in a  city,  town  or  village  located
 therein as provided in section three of this act.
   §  4.  Subdivision  a  of section 5 of section 4 of chapter 576 of the
 laws of 1974 constituting the emergency tenant protection act  of  nine-
 teen  seventy-four  is  amended by adding a new paragraph 5-a to read as
 follows:
   (5-A) HOUSING ACCOMMODATIONS LOCATED OUTSIDE OF A CITY  WITH  A  POPU-
 LATION OF ONE MILLION OR MORE IN ANY SUCH BUILDINGS THAT WERE VACANT AND
 UNOCCUPIED  ON JUNE FIRST, TWO THOUSAND NINETEEN AND HAD BEEN VACANT AND
 UNOCCUPIED FOR AT LEAST THE ONE-YEAR PERIOD IMMEDIATELY  PRECEDING  SUCH
 DATE;
   §  5.  Subdivision  a  of section 4 of section 4 of chapter 576 of the
 laws of 1974 constituting the emergency tenant protection act  of  nine-
 teen  hundred  seventy-four,  as  amended  by chapter 349 of the laws of
 1979, is amended and a new subdivision a-1 is added to read as follows:
   a. In each county wherein any city having a population  of  less  than
 one  million  or  any town or village has determined the existence of an
 emergency pursuant to section three of this act, there shall be  created
 a  rent  guidelines  board  to  consist of nine members appointed by the
 commissioner of housing and community renewal upon recommendation of the
 county legislature [which], EXCEPT THAT A RENT GUIDELINES BOARD  CREATED
 SUBSEQUENT TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOU-
 SAND  NINETEEN  THAT  AMENDED THIS SECTION SHALL CONSIST OF NINE MEMBERS
 APPOINTED BY THE COMMISSIONER OF  HOUSING  AND  COMMUNITY  RENEWAL  UPON
 RECOMMENDATIONS  OF  THE  LOCAL  LEGISLATIVE  BODY OF EACH CITY HAVING A
 POPULATION OF LESS THAN ONE MILLION OR TOWN OR VILLAGE WHICH HAS  DETER-
 MINED  THE  EXISTENCE  OF AN EMERGENCY PURSUANT TO SECTION THREE OF THIS
 ACT.  SUCH recommendation shall be made within  thirty  days  after  the
 first local declaration of an emergency in such county; two such members
 shall  be  representative  of  tenants,  two  shall be representative of
 owners of property, and five shall be public members each of whom  shall
 have  had at least five years experience in either finance, economics or
 housing. One public member shall be designated by  the  commissioner  to
 serve  as  chairman  and  shall  hold no other public office. No member,
 officer or employee of any municipal rent regulation agency or the state
 division of housing and community renewal and  no  person  who  owns  or
 manages  real  estate  covered  by  this law or who is an officer of any
 owner or tenant organization shall serve on a rent guidelines board. One
 public member, one member  representative  of  tenants  and  one  member
 representative  of  owners  shall serve for a term ending two years from
 January first next succeeding the date of their appointment; one  public

 S. 6458                            17                            A. 8281
 
 member,  one  member  representative of tenants and one member represen-
 tative of owners shall serve for terms ending three years from the Janu-
 ary first next succeeding the date of their appointment and three public
 members  shall serve for terms ending four years from January first next
 succeeding the dates of their  appointment.    Thereafter,  all  members
 shall  serve  for  terms  of four years each.  Members shall continue in
 office until their successors have been  appointed  and  qualified.  The
 commissioner  shall fill any vacancy which may occur by reason of death,
 resignation or otherwise  in  a  manner  consistent  with  the  original
 appointment.  A member may be removed by the commissioner for cause, but
 not without an opportunity to be heard in person or by counsel,  in  his
 defense,  upon  not  less  than  ten  days  notice. Compensation for the
 members of the board shall be at the rate of  one  hundred  dollars  per
 day, for no more than twenty days a year, except that the chairman shall
 be  compensated at the rate of one hundred twenty-five dollars a day for
 no more than thirty days a year.  The  board  shall  be  provided  staff
 assistance by the division of housing and community renewal. The compen-
 sation  of  such members and the costs of staff assistance shall be paid
 by the division of housing and community renewal which  shall  be  reim-
 bursed  in  the manner prescribed in section four of this act. The local
 legislative body of each city having  a  population  of  less  than  one
 million  and each town and village in which an emergency has been deter-
 mined to exist as herein provided shall be authorized to  designate  one
 person  who  shall be representative of tenants and one person who shall
 be representative of owners of property to serve  at  its  pleasure  and
 without  compensation  to  advise  and assist the county rent guidelines
 board in matters affecting the adjustment of rents for housing  accommo-
 dations in such city, town or village as the case may be.
   A-1.  NOTWITHSTANDING  THE PROVISIONS OF SUBDIVISION A OF THIS SECTION
 TO THE CONTRARY, IN EACH COUNTY THAT BECAME SUBJECT TO THIS ACT PURSUANT
 TO THE CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN  THAT  AMENDED  THIS
 SECTION,  THE  COMMISSIONER  SHALL RECONSTITUTE THE EXISTING RENT GUIDE-
 LINES BOARD SUBSEQUENT TO ANY INITIAL  LOCAL  DECLARATION  OF  EMERGENCY
 WITHIN  SUCH  COUNTY  FOR  THE PURPOSE OF ENSURING REPRESENTATION OF ALL
 CITIES HAVING A POPULATION OF LESS THAN ONE MILLION AND  ALL  TOWNS  AND
 VILLAGES  WITHIN SUCH COUNTY HAVING DETERMINED THE EXISTENCE OF AN EMER-
 GENCY IN ACCORDANCE WITH THIS ACT ARE REPRESENTED, PURSUANT TO RULES AND
 REGULATIONS  PROMULGATED  BY  THE  DIVISION  OF  HOUSING  AND  COMMUNITY
 RENEWAL.
   § 6. Severability clause. If any provision of this act or the applica-
 tion  there  shall, for any reason be adjudged by any court of competent
 jurisdiction to be invalid or unconstitutional, such judgement shall not
 affect, impair or invalidate the remainder of this  act,  but  shall  be
 confined  in its operation to the provision thereof directly involved in
 the controversy  in  which  the  judgement  shall  have  been  rendered;
 provided,  however,  that  in  the  event that the entire system of rent
 control or stabilization shall be finally adjudged invalid or  unconsti-
 tutional  by  a court of competent jurisdiction because of the operation
 of any provision of this act, such provision shall  be  null,  void  and
 without  effect, and all other provisions of this act which can be given
 effect without such invalid provision, as  well  as  provisions  of  any
 other  law,  relating  to the control of or stabilization of rent, as in
 effect prior to the enactment of this act as otherwise amended  by  this
 act,  shall  continue  in full force and effect for the period of effec-
 tiveness set forth in section 17 of chapter 576 of  the  laws  of  1974,

 S. 6458                            18                            A. 8281

 constituting  the  emergency  tenant protection act of nineteen seventy-
 four, as amended.
   § 7. This act shall take effect immediately.
 
                                  PART H
 
   Section  1.  Paragraph  5  of  subdivision  a of section 26-405 of the
 administrative code of the city of  New  York  is  amended  to  read  as
 follows:
   (5)  Where  a  maximum rent established pursuant to this chapter on or
 after January first, nineteen hundred seventy-two, is  higher  than  the
 previously  existing  maximum  rent,  the  landlord  may  not collect AN
 INCREASE FROM A TENANT IN OCCUPANCY IN ANY ONE YEAR PERIOD OF more  than
 THE  LESSER  OF  EITHER  seven  and  one-half percentum [increase from a
 tenant in occupancy on such date in any one year period, provided howev-
 er, that where] OR AN AVERAGE OF THE PREVIOUS  FIVE  YEARS  OF  ONE-YEAR
 RENT  ADJUSTMENTS  ON  RENT  STABILIZED APARTMENTS AS ESTABLISHED BY THE
 RENT GUIDELINES BOARD, PURSUANT TO SUBDIVISION B OF  SECTION  26-510  OF
 THIS  TITLE. IF the period for which the rent is established exceeds one
 year, regardless of how the collection thereof  is  averaged  over  such
 period,  the  rent  the landlord shall be entitled to receive during the
 first twelve months shall not be increased by more than  THE  LESSER  OF
 EITHER  seven  and one-half percentum OR AN AVERAGE OF THE PREVIOUS FIVE
 YEARS OF ONE-YEAR RENT ADJUSTMENTS  ON  RENT  STABILIZED  APARTMENTS  AS
 ESTABLISHED  BY  THE RENT GUIDELINES BOARD, PURSUANT TO SUBDIVISION B OF
 SECTION 26-510 OF THIS TITLE, over the previous rent  [and].  ANY  addi-
 tional  annual  rents  shall  not  exceed THE LESSER OF EITHER seven and
 one-half percentum OR AN AVERAGE OF THE PREVIOUS FIVE YEARS OF  ONE-YEAR
 RENT  ADJUSTMENTS  ON  RENT  STABILIZED APARTMENTS AS ESTABLISHED BY THE
 RENT GUIDELINES BOARD, PURSUANT TO SUBDIVISION B OF  SECTION  26-510  OF
 THIS  TITLE,  of the rent paid during the previous year. Notwithstanding
 any of the foregoing limitations in this paragraph  five,  maximum  rent
 shall  be  increased  if ordered by the agency pursuant to subparagraphs
 (d), (e), (f), (g), (h), (i), (k), [(l),] OR (m) [or (n)]  of  paragraph
 one  of  subdivision g of this section. [Commencing January first, nine-
 teen hundred eighty, rent adjustments pursuant to  subparagraph  (n)  of
 paragraph  one  of  subdivision g of this section shall be excluded from
 the maximum  rent  when  computing  the  seven  and  one-half  percentum
 increase  authorized  by  this paragraph five.] Where a housing accommo-
 dation is vacant on January  first,  nineteen  hundred  seventy-two,  or
 becomes  vacant  thereafter  by voluntary surrender of possession by the
 tenants, the maximum rent established for  such  accommodations  may  be
 collected.
   §  2.  Subparagraphs  (l)  and  (n) of paragraph 1 of subdivision g of
 section 26-405 of the administrative code of the city of  New  York  are
 REPEALED.
   §  3.  Section  4 of chapter 274 of the laws of 1946, constituting the
 emergency housing rent control law, is amended by adding a new  subdivi-
 sion 9 to read as follows:
   9.  NO  ANNUAL  RENT  INCREASE  AUTHORIZED  PURSUANT TO THIS ACT SHALL
 EXCEED THE AVERAGE  OF  THE  PREVIOUS  FIVE  ANNUAL  RENTAL  ADJUSTMENTS
 AUTHORIZED  BY A RENT GUIDELINES BOARD FOR A RENT STABILIZED UNIT PURSU-
 ANT TO SECTION 4 OF THE EMERGENCY  TENANT  PROTECTION  ACT  OF  NINETEEN
 SEVENTY-FOUR.
   §  4.    The administrative code of the city of New York is amended by
 adding a new section 26-407.1 to read as follows:

 S. 6458                            19                            A. 8281
 
   § 26-407.1 FUEL PASS-ALONG TO TENANTS UNDER RENT  CONTROL  PROHIBITED.
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, REGULATION, CHARTER OR
 ADMINISTRATIVE CODE, TENANTS OF HOUSING ACCOMMODATIONS WHICH ARE SUBJECT
 TO  RENT  CONTROL  UNDER  THIS  CHAPTER  SHALL  NOT BE SUBJECT TO A FUEL
 ADJUSTMENT  OR PASS-ALONG INCREASE IN RENT AND ANY SUCH INCREASE TO SUCH
 TENANT SHALL BE NULL AND VOID.
   § 5. This act shall take effect immediately; provided that the  amend-
 ments  to section 26-405 of the city rent and rehabilitation law made by
 section one of this act shall remain in full force and  effect  only  as
 long  as  the  public  emergency requiring the regulation and control of
 residential rents and evictions continues, as provided in subdivision  3
 of  section  1  of  the  local  emergency  housing rent control act; and
 provided further that the addition of section 26-407.1 to the city  rent
 and  rehabilitation law made by section four 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.
 
                                  PART I
 
   Section 1. Paragraph 1 of subdivision  b  of  section  26-408  of  the
 administrative  code  of  the  city  of  New  York is amended to read as
 follows:
   (1) 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,  that  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 accommo-
 dation  in  that  building for [twenty] 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, FURTHER, THAT A TENANT  REQUIRED  TO  SURRENDER  A
 HOUSING  ACCOMMODATION  BY VIRTUE OF THE OPERATION OF SUBDIVISION G OR H
 OF THIS SECTION 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 PARAGRAPH A PREVAILING TENANT  SHALL
 BE  ENTITLED  TO  RECOVERY  OF ACTUAL DAMAGES, AND REASONABLE ATTORNEYS'
 FEES; or
   § 2. Subparagraph (b) of paragraph  9  of  subdivision  c  of  section
 26-511  of the administrative code of the city of New York is amended to
 read as follows:
   (b) where he or she seeks to  recover  possession  of  one  [or  more]
 dwelling  [units] UNIT BECAUSE OF IMMEDIATE AND COMPELLING NECESSITY for
 his or her own personal use and occupancy as his or  her  primary  resi-
 dence [in the city of New York and/or] OR for the use and occupancy of a
 member  of  his  or her immediate family as his or her primary residence
 [in the city of New York],  provided  however,  that  this  subparagraph

 S. 6458                            20                            A. 8281
 
 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  condi-
 tions,  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 equivalent 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 [or more]  dwelling  [units]  UNIT
 for  his or her own personal use and/or for that of his or her immediate
 family. [Any] A dwelling unit recovered 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  bene-
 fit recovery of the dwelling unit is permitted pursuant to this subpara-
 graph  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 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 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
   §  3.  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 chapter 234 of the laws of 1984, 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
 deposits, advance rental payments, the use of escalator clauses in leas-
 es and provision for increase in rentals for garages and other ancillary

 S. 6458                            21                            A. 8281
 
 facilities,  so  as to insure that the level of rent adjustments author-
 ized 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 [the] A
 housing 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  demon-
 strate  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
 [twenty]  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 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 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
 SUBDIVISION A PREVAILING TENANT SHALL BE ENTITLED TO RECOVERY OF  ACTUAL
 DAMAGES, AND REASONABLE ATTORNEYS' FEES.
   § 4. 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 chapter 234 of the laws  of  1984,  is  amended  to  read  as
 follows:
   (a)  the landlord seeks in good faith to recover possession of A hous-
 ing [accommodations] 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 PRIMARY 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  [twenty]  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 accept-
 able  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 SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPE-
 TENT  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  PARAGRAPH  A  PREVAILING
 TENANT  SHALL  BE ENTITLED TO RECOVERY OF ACTUAL DAMAGES, AND REASONABLE
 ATTORNEYS' FEES; or
   § 5. This act shall take effect immediately and  shall  apply  to  any
 tenant in possession at or after the time it takes effect, regardless of

 S. 6458                            22                            A. 8281
 
 whether  the  landlord's  application  for  an order, refusal to renew a
 lease or refusal to extend or renew a tenancy took place before this act
 shall have taken effect, provided that:
   a.  the  amendments  to  section 26-408 of the city rent and rehabili-
 tation law made by section one of this act shall remain  in  full  force
 and effect only as long as the public emergency requiring the regulation
 and control of residential rents and evictions continues, as provided in
 subdivision  3  of section 1 of the local emergency housing rent control
 act; and
   b. the amendments to section 26-511 of the rent stabilization  law  of
 nineteen hundred sixty-nine made by section two of this act shall expire
 on the same date as such law expires and shall not affect the expiration
 of such law as provided under section 26-520 of such law.
 
                                  PART J
 
   Section  1.  Paragraph  10  and  11  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 11 as  amended
 by chapter 422 of the laws of 2010, are amended to read as follows:
   (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 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 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;
   (11) housing accommodations which are not occupied by the tenant,  not
 including  subtenants  or occupants, as his or her primary residence, as
 determined by a court of competent jurisdiction.  For  the  purposes  of
 determining  primary  residency,  a  tenant  who is a victim of domestic
 violence, as defined in section four hundred fifty-nine-a of the  social
 services  law,  who  has left the unit because of such violence, and who
 asserts an intent to return to the housing accommodation shall be deemed
 to be occupying the unit as  his  or  her  primary  residence.  For  the
 purposes of this paragraph, where a housing accommodation is rented to a
 not-for-profit  hospital  for  residential  use,  affiliated  subtenants
 authorized to use such accommodations by such hospital shall  be  deemed
 to  be  tenants.    FOR  THE PURPOSES OF THIS PARAGRAPH, WHERE A HOUSING
 ACCOMMODATION IS RENTED TO A NOT-FOR-PROFIT FOR  PROVIDING,  AS  OF  AND
 AFTER  THE  EFFECTIVE  DATE  OF  THE CHAPTER OF THE LAWS OF TWO THOUSAND
 NINETEEN THAT AMENDED THIS PARAGRAPH, PERMANENT HOUSING  TO  INDIVIDUALS
 WHO  ARE OR WERE HOMELESS OR AT RISK OF HOMELESSNESS, AFFILIATED SUBTEN-
 ANTS AUTHORIZED TO USE SUCH ACCOMMODATIONS BY SUCH NOT-FOR-PROFIT  SHALL
 BE  DEEMED  TO  BE  TENANTS.  No action or proceeding shall be commenced
 seeking to recover possession on the ground that a housing accommodation
 is not occupied by the tenant as his or her primary residence unless the
 owner or lessor shall have given thirty days notice to the tenant of his
 or her intention to commence such action or proceeding on such grounds.
   § 2. This act shall take effect immediately.

 S. 6458                            23                            A. 8281
 
                                  PART K
 
   Section  1.  Paragraph 1 of subdivision d of section 6 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 18 of
 part B of chapter 97 of the laws of 2011, is amended to read as follows:
   (1) there has been a substantial modification 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, on written INFORMED  tenant  consent  to
 the  rent  increase.    In  the  case of a vacant housing accommodation,
 tenant consent  shall  not  be  required.    The  [permanent]  TEMPORARY
 increase  in  the legal regulated rent for the affected housing accommo-
 dation shall be [one-fortieth] ONE-ONE HUNDRED SIXTY-EIGHTH, in the case
 of a building with thirty-five  or  fewer  housing  accommodations[,  or
 one-sixtieth,]  OR  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] THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
 OF TWO THOUSAND NINETEEN THAT AMENDED THIS PARAGRAPH, OF THE TOTAL ACTU-
 AL  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 CONTRAC-
 TORS  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
 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 PARAGRAPH, SHALL BE LIMITED TO AN AGGREGATE COST OF  FIFTEEN  THOU-
 SAND  DOLLARS  THAT MAY BE EXPENDED ON NO MORE THAN THREE SEPARATE INDI-
 VIDUAL APARTMENT IMPROVEMENTS IN A FIFTEEN YEAR PERIOD. 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.
   § 2. Paragraph 13 of subdivision c of section 26-511 of  the  adminis-
 trative code of the city of New York, as amended by section 16 of part B
 of chapter 97 of the laws of 2011, 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 an
 increase  in the services], or installation of new equipment or improve-
 ments or new furniture or furnishings provided in or to a tenant's hous-
 ing accommodation, on  written  INFORMED  tenant  consent  to  the  rent

 S. 6458                            24                            A. 8281
 
 increase.  In the case of a vacant housing accommodation, tenant consent
 shall not be required. The [permanent] TEMPORARY increase in  the  legal
 regulated rent for the affected housing accommodation shall be [one-for-
 tieth,]  ONE-ONE  HUNDRED  SIXTY-EIGHTH,  in the case of a building with
 thirty-five or fewer housing accommodations[, or one-sixtieth,] OR  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]  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.
 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.
 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.
   §  3.  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 15 of part B of chapter 97 of the laws of 2011,  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 [the services,] furniture,
 furnishings or equipment provided  in  the  housing  accommodations.  An
 adjustment  under  this  subparagraph  shall  be equal to [one-fortieth]
 ONE-ONE HUNDRED SIXTY-EIGHTH, in the case of a building with thirty-five
 or fewer housing accommodations[, or one-sixtieth,] OR  ONE-ONE  HUNDRED
 EIGHTIETH  in  the case of a building with more than thirty-five housing
 accommodations where such TEMPORARY adjustment 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 CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN  THAT
 AMENDED  THIS  SUBPARAGRAPH,  OF  THE  TOTAL ACTUAL COST INCURRED BY THE

 S. 6458                            25                            A. 8281
 
 LANDLORD 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  subparagraph
 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.
 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
   §  4.  The  administrative  code of the city of New York is amended by
 adding a new section 26-511.1 to read as follows:
   § 26-511.1 MAJOR  CAPITAL  IMPROVEMENTS   AND   INDIVIDUAL   APARTMENT
 IMPROVEMENTS  IN  RENT  REGULATED  UNITS. A.   NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW TO THE CONTRARY, THE DIVISION OF HOUSING AND  COMMUNITY
 RENEWAL, THE "DIVISION", SHALL PROMULGATE RULES AND REGULATIONS APPLICA-
 BLE TO ALL RENT REGULATED UNITS THAT SHALL:
   (1)  ESTABLISH  A  SCHEDULE  OF  REASONABLE  COSTS  FOR  MAJOR CAPITAL
 IMPROVEMENTS, WHICH SHALL SET  A  CEILING  FOR  WHAT  CAN  BE  RECOVERED
 THROUGH  A  TEMPORARY  MAJOR  CAPITAL IMPROVEMENT INCREASE, BASED ON THE
 TYPE OF IMPROVEMENT AND ITS RATE OF DEPRECIATION;
   (2) ESTABLISH THE CRITERIA FOR ELIGIBILITY OF A TEMPORARY MAJOR  CAPI-
 TAL  IMPROVEMENT INCREASE INCLUDING THE TYPE OF IMPROVEMENT, WHICH SHALL
 BE ESSENTIAL FOR THE PRESERVATION, ENERGY EFFICIENCY,  FUNCTIONALITY  OR
 INFRASTRUCTURE  OF  THE  ENTIRE  BUILDING,  INCLUDING  HEATING, WINDOWS,
 PLUMBING AND ROOFING, BUT SHALL NOT BE FOR OPERATIONAL COSTS OR UNNECES-
 SARY COSMETIC IMPROVEMENTS. ALLOWABLE IMPROVEMENTS MUST ADDITIONALLY  BE
 DEPRECIABLE  PURSUANT  TO  THE  INTERNAL REVENUE SERVICE, OTHER THAN FOR
 ORDINARY REPAIRS, THAT DIRECTLY OR INDIRECTLY BENEFIT ALL  TENANTS;  AND
 NO  INCREASE  SHALL BE APPROVED FOR GROUP WORK DONE IN INDIVIDUAL APART-
 MENTS THAT IS OTHERWISE NOT AN IMPROVEMENT TO AN ENTIRE  BUILDING.  ONLY
 SUCH  COSTS  THAT ARE ACTUAL, REASONABLE, AND VERIFIABLE MAY BE APPROVED
 AS A TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASE;
   (3) REQUIRE THAT ANY  TEMPORARY  MAJOR  CAPITAL  IMPROVEMENT  INCREASE
 GRANTED  PURSUANT  TO  THESE PROVISIONS BE REDUCED BY AN AMOUNT EQUAL TO
 (I) ANY GOVERNMENTAL GRANT RECEIVED BY THE LANDLORD,  WHERE  SUCH  GRANT
 COMPENSATES  THE LANDLORD FOR ANY IMPROVEMENTS REQUIRED BY A CITY, STATE
 OR FEDERAL GOVERNMENT, AN AGENCY OR ANY GRANTING GOVERNMENTAL ENTITY  TO
 BE  EXPENDED FOR IMPROVEMENTS AND (II) ANY INSURANCE PAYMENT RECEIVED BY

 S. 6458                            26                            A. 8281
 
 THE LANDLORD WHERE SUCH INSURANCE PAYMENT COMPENSATES THE  LANDLORD  FOR
 ANY PART OF THE COSTS OF THE IMPROVEMENTS;
   (4)  PROHIBIT TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASES FOR BUILD-
 INGS WITH 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;
   (5) PROHIBIT INDIVIDUAL APARTMENT IMPROVEMENT  INCREASES  FOR  HOUSING
 ACCOMMODATIONS  WITH  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;
   (6) PROHIBIT TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASES FOR  BUILD-
 INGS WITH THIRTY-FIVE PER CENTUM OR FEWER RENT-REGULATED UNITS;
   (7) ESTABLISH THAT TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASES SHALL
 BE  FIXED  TO  THE  UNIT  AND SHALL CEASE THIRTY YEARS FROM THE DATE THE
 INCREASE BECAME EFFECTIVE. TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASES
 SHALL BE ADDED TO THE LEGAL REGULATED RENT AS A TEMPORARY  INCREASE  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 LOCAL RENT GUIDELINES BOARD;
   (8) ESTABLISH THAT TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASES SHALL
 BE COLLECTIBLE PROSPECTIVELY 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 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, 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;
   (9)  ENSURE THAT THE APPLICATION PROCEDURE FOR TEMPORARY MAJOR CAPITAL
 IMPROVEMENT INCREASES SHALL INCLUDE AN ITEMIZED LIST OF  WORK  PERFORMED
 AND A DESCRIPTION OR EXPLANATION OF THE REASON OR PURPOSE OF SUCH WORK;
   (10)  PROVIDE,  THAT WHERE AN APPLICATION FOR A MAJOR CAPITAL IMPROVE-
 MENT RENT INCREASE HAS BEEN FILED, A TENANT SHALL HAVE SIXTY  DAYS  FROM
 THE  DATE  OF  MAILING OF A NOTICE OF A PROCEEDING IN WHICH TO ANSWER OR
 REPLY;
   (11) ESTABLISH A NOTIFICATION AND DOCUMENTATION PROCEDURE FOR INDIVID-
 UAL APARTMENT IMPROVEMENTS  THAT  REQUIRES  AN  ITEMIZED  LIST  OF  WORK
 PERFORMED  AND  A DESCRIPTION OR EXPLANATION OF THE REASON OR PURPOSE OF
 SUCH WORK, INCLUSIVE OF PHOTOGRAPHIC EVIDENCE DOCUMENTING THE  CONDITION
 PRIOR TO AND AFTER THE COMPLETION OF THE PERFORMED WORK. PROVIDE FOR THE
 CENTRALIZED  ELECTRONIC  RETENTION  OF  SUCH DOCUMENTATION AND ANY OTHER
 SUPPORTING DOCUMENTATION TO BE MADE AVAILABLE IN CASES PERTAINING TO THE
 ADJUSTMENT OF LEGAL REGULATED RENTS; AND

 S. 6458                            27                            A. 8281
 
   (12) ESTABLISH A FORM 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.  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.
   B. THE DIVISION SHALL ESTABLISH AN ANNUAL INSPECTION AND AUDIT PROCESS
 WHICH SHALL REVIEW TWENTY-FIVE PERCENT OF APPLICATIONS FOR  A  TEMPORARY
 MAJOR   CAPITAL  IMPROVEMENT  INCREASE  THAT  HAVE  BEEN  SUBMITTED  AND
 APPROVED. SUCH PROCESS SHALL INCLUDE INDIVIDUAL INSPECTIONS AND DOCUMENT
 REVIEW TO ENSURE THAT OWNERS COMPLIED WITH ALL OBLIGATIONS AND RESPONSI-
 BILITIES  UNDER  THE  LAW  FOR  TEMPORARY  MAJOR   CAPITAL   IMPROVEMENT
 INCREASES.    INSPECTIONS SHALL INCLUDE IN-PERSON CONFIRMATION THAT SUCH
 IMPROVEMENTS HAVE BEEN COMPLETED IN SUCH WAY AS DESCRIBED IN THE  APPLI-
 CATION.
   C.  THE  DIVISION  SHALL  ISSUE  A  NOTICE TO THE LANDLORD AND ALL THE
 TENANTS SIXTY DAYS PRIOR TO THE  END  OF  THE  TEMPORARY  MAJOR  CAPITAL
 IMPROVEMENT INCREASE AND SHALL INCLUDE THE INITIAL APPROVED INCREASE AND
 THE  TOTAL  AMOUNT TO BE REMOVED FROM THE LEGAL REGULATED RENT INCLUSIVE
 OF ANY INCREASES GRANTED BY THE APPLICABLE RENT GUIDELINES BOARD.
   § 5. The administrative code of the city of New  York  is  amended  by
 adding a new section 26-405.1 to read as follows:
   § 26-405.1 MAJOR   CAPITAL   IMPROVEMENTS   AND  INDIVIDUAL  APARTMENT
 IMPROVEMENTS IN RENT REGULATED UNITS.  A.    NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF LAW TO THE CONTRARY, THE DIVISION OF HOUSING AND COMMUNITY
 RENEWAL, THE "DIVISION", SHALL PROMULGATE RULES AND REGULATIONS APPLICA-
 BLE TO ALL RENT REGULATED UNITS THAT SHALL:
   (1) ESTABLISH  A  SCHEDULE  OF  REASONABLE  COSTS  FOR  MAJOR  CAPITAL
 IMPROVEMENTS,  WHICH  SHALL  SET  A  CEILING  FOR  WHAT CAN BE RECOVERED
 THROUGH A TEMPORARY MAJOR CAPITAL IMPROVEMENT  INCREASE,  BASED  ON  THE
 TYPE OF IMPROVEMENT AND ITS RATE OF DEPRECIATION;
   (2)  ESTABLISH THE CRITERIA FOR ELIGIBILITY OF A TEMPORARY MAJOR CAPI-
 TAL IMPROVEMENT INCREASE INCLUDING THE TYPE OF IMPROVEMENT, WHICH  SHALL
 BE  ESSENTIAL  FOR THE PRESERVATION, ENERGY EFFICIENCY, FUNCTIONALITY OR
 INFRASTRUCTURE OF  THE  ENTIRE  BUILDING,  INCLUDING  HEATING,  WINDOWS,
 PLUMBING AND ROOFING, BUT SHALL NOT BE FOR OPERATIONAL COSTS OR UNNECES-
 SARY  COSMETIC IMPROVEMENTS. ALLOWABLE IMPROVEMENTS MUST ADDITIONALLY BE
 DEPRECIABLE PURSUANT TO THE INTERNAL REVENUE  SERVICE,  OTHER  THAN  FOR
 ORDINARY  REPAIRS,  THAT DIRECTLY OR INDIRECTLY BENEFIT ALL TENANTS; AND
 NO INCREASE SHALL BE APPROVED FOR GROUP WORK DONE IN  INDIVIDUAL  APART-
 MENTS  THAT  IS OTHERWISE NOT AN IMPROVEMENT TO AN ENTIRE BUILDING. ONLY
 SUCH COSTS THAT ARE ACTUAL, REASONABLE, AND VERIFIABLE MAY  BE  APPROVED
 AS A TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASE;
   (3)  REQUIRE  THAT  ANY  TEMPORARY  MAJOR CAPITAL IMPROVEMENT INCREASE
 GRANTED PURSUANT TO THESE PROVISIONS BE REDUCED BY AN  AMOUNT  EQUAL  TO
 (I)  ANY  GOVERNMENTAL  GRANT RECEIVED BY THE LANDLORD, WHERE SUCH GRANT
 COMPENSATES THE LANDLORD FOR ANY IMPROVEMENTS REQUIRED BY A CITY,  STATE
 OR  FEDERAL GOVERNMENT, AN AGENCY OR ANY GRANTING GOVERNMENTAL ENTITY TO
 BE EXPENDED FOR IMPROVEMENTS AND (II) ANY INSURANCE PAYMENT RECEIVED  BY
 THE  LANDLORD  WHERE SUCH INSURANCE PAYMENT COMPENSATES THE LANDLORD FOR
 ANY PART OF THE COSTS OF THE IMPROVEMENTS;

 S. 6458                            28                            A. 8281
 
   (4) PROHIBIT TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASES FOR  BUILD-
 INGS  WITH  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;
   (5)  PROHIBIT  INDIVIDUAL  APARTMENT IMPROVEMENT INCREASES FOR HOUSING
 ACCOMMODATIONS  WITH  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;
   (6)  PROHIBIT TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASES FOR BUILD-
 INGS WITH THIRTY-FIVE PER CENTUM OR FEWER RENT-REGULATED UNITS;
   (7) ESTABLISH THAT TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASES SHALL
 BE FIXED TO THE UNIT AND SHALL CEASE THIRTY  YEARS  FROM  THE  DATE  THE
 INCREASE BECAME EFFECTIVE. TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASES
 SHALL  BE  ADDED TO THE LEGAL REGULATED RENT AS A TEMPORARY INCREASE 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 LOCAL RENT GUIDELINES BOARD;
   (8) ESTABLISH THAT TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASES SHALL
 BE  COLLECTIBLE PROSPECTIVELY 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 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, 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;
   (9) ENSURE THAT THE APPLICATION PROCEDURE FOR TEMPORARY MAJOR  CAPITAL
 IMPROVEMENT  INCREASES  SHALL INCLUDE AN ITEMIZED LIST OF WORK PERFORMED
 AND A DESCRIPTION OR EXPLANATION OF THE REASON OR PURPOSE OF SUCH WORK;
   (10) PROVIDE, THAT WHERE AN APPLICATION FOR A MAJOR  CAPITAL  IMPROVE-
 MENT  RENT  INCREASE HAS BEEN FILED, A TENANT SHALL HAVE SIXTY DAYS FROM
 THE DATE OF MAILING OF A NOTICE OF A PROCEEDING IN WHICH  TO  ANSWER  OR
 REPLY;
   (11) ESTABLISH A NOTIFICATION AND DOCUMENTATION PROCEDURE FOR INDIVID-
 UAL  APARTMENT  IMPROVEMENTS  THAT  REQUIRES  AN  ITEMIZED  LIST OF WORK
 PERFORMED AND A DESCRIPTION OR EXPLANATION OF THE REASON OR  PURPOSE  OF
 SUCH  WORK, INCLUSIVE OF PHOTOGRAPHIC EVIDENCE DOCUMENTING THE CONDITION
 PRIOR TO AND AFTER THE COMPLETION OF THE PERFORMED WORK. PROVIDE FOR THE
 CENTRALIZED ELECTRONIC RETENTION OF SUCH  DOCUMENTATION  AND  ANY  OTHER
 SUPPORTING DOCUMENTATION TO BE MADE AVAILABLE IN CASES PERTAINING TO THE
 ADJUSTMENT OF LEGAL REGULATED RENTS; AND
   (12) ESTABLISH A FORM 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

 S. 6458                            29                            A. 8281
 
 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.  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.
   B. THE DIVISION SHALL ESTABLISH AN ANNUAL INSPECTION AND AUDIT PROCESS
 WHICH SHALL REVIEW TWENTY-FIVE PERCENT OF APPLICATIONS FOR  A  TEMPORARY
 MAJOR   CAPITAL  IMPROVEMENT  INCREASE  THAT  HAVE  BEEN  SUBMITTED  AND
 APPROVED. SUCH PROCESS SHALL INCLUDE INDIVIDUAL INSPECTIONS AND DOCUMENT
 REVIEW TO ENSURE THAT OWNERS COMPLIED WITH ALL OBLIGATIONS AND RESPONSI-
 BILITIES  UNDER  THE  LAW  FOR  TEMPORARY  MAJOR   CAPITAL   IMPROVEMENT
 INCREASES.  INSPECTIONS  SHALL  INCLUDE IN-PERSON CONFIRMATION THAT SUCH
 IMPROVEMENTS HAVE BEEN COMPLETED IN SUCH WAY AS DESCRIBED IN THE  APPLI-
 CATION.
   C.  THE  DIVISION  SHALL  ISSUE  A  NOTICE TO THE LANDLORD AND ALL THE
 TENANTS SIXTY DAYS PRIOR TO THE  END  OF  THE  TEMPORARY  MAJOR  CAPITAL
 IMPROVEMENT INCREASE AND SHALL INCLUDE THE INITIAL APPROVED INCREASE AND
 THE  TOTAL  AMOUNT TO BE REMOVED FROM THE LEGAL REGULATED RENT INCLUSIVE
 OF ANY INCREASES GRANTED BY THE APPLICABLE RENT GUIDELINES BOARD.
   § 6. Section 4 of chapter 576 of the laws of  1974,  constituting  the
 emergency  tenant protection act of nineteen seventy-four, is amended by
 adding a new section 10-b to read as follows:
   § 10-B. MAJOR CAPITAL IMPROVEMENTS AND INDIVIDUAL  APARTMENT  IMPROVE-
 MENTS  IN RENT REGULATED UNITS.  (A) NOTWITHSTANDING ANY OTHER PROVISION
 OF LAW TO THE CONTRARY, THE DIVISION OF HOUSING AND  COMMUNITY  RENEWAL,
 THE "DIVISION", SHALL PROMULGATE RULES AND REGULATIONS APPLICABLE TO ALL
 RENT REGULATED UNITS THAT SHALL:
   1. ESTABLISH A SCHEDULE OF REASONABLE COSTS FOR MAJOR CAPITAL IMPROVE-
 MENTS,  WHICH  SHALL  SET  A CEILING FOR WHAT CAN BE RECOVERED THROUGH A
 TEMPORARY MAJOR CAPITAL IMPROVEMENT  INCREASE,  BASED  ON  THE  TYPE  OF
 IMPROVEMENT AND ITS RATE OF DEPRECIATION;
   2. ESTABLISH THE CRITERIA FOR ELIGIBILITY OF A TEMPORARY MAJOR CAPITAL
 IMPROVEMENT  INCREASE  INCLUDING THE TYPE OF IMPROVEMENT, WHICH SHALL BE
 ESSENTIAL FOR THE  PRESERVATION,  ENERGY  EFFICIENCY,  FUNCTIONALITY  OR
 INFRASTRUCTURE  OF  THE  ENTIRE  BUILDING,  INCLUDING  HEATING, WINDOWS,
 PLUMBING AND ROOFING, BUT SHALL NOT BE FOR OPERATIONAL COSTS OR UNNECES-
 SARY COSMETIC IMPROVEMENTS. ALLOWABLE IMPROVEMENTS MUST ADDITIONALLY  BE
 DEPRECIABLE  PURSUANT  TO  THE  INTERNAL REVENUE SERVICE, OTHER THAN FOR
 ORDINARY REPAIRS, THAT DIRECTLY OR INDIRECTLY BENEFIT ALL  TENANTS;  AND
 NO  INCREASE  SHALL BE APPROVED FOR GROUP WORK DONE IN INDIVIDUAL APART-
 MENTS THAT IS OTHERWISE NOT AN IMPROVEMENT TO AN ENTIRE  BUILDING.  ONLY
 SUCH  COSTS  THAT ARE ACTUAL, REASONABLE, AND VERIFIABLE MAY BE APPROVED
 AS A TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASE;
   3. REQUIRE THAT  ANY  TEMPORARY  MAJOR  CAPITAL  IMPROVEMENT  INCREASE
 GRANTED  PURSUANT  TO  THESE PROVISIONS BE REDUCED BY AN AMOUNT EQUAL TO
 (I) ANY GOVERNMENTAL GRANT RECEIVED BY THE LANDLORD,  WHERE  SUCH  GRANT
 COMPENSATES  THE LANDLORD FOR ANY IMPROVEMENTS REQUIRED BY A CITY, STATE
 OR FEDERAL GOVERNMENT, AN AGENCY OR ANY GRANTING GOVERNMENTAL ENTITY  TO
 BE  EXPENDED FOR IMPROVEMENTS AND (II) ANY INSURANCE PAYMENT RECEIVED BY
 THE LANDLORD WHERE SUCH INSURANCE PAYMENT COMPENSATES THE  LANDLORD  FOR
 ANY PART OF THE COSTS OF THE IMPROVEMENTS;
   4.  PROHIBIT  TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASES FOR BUILD-
 INGS WITH OUTSTANDING HAZARDOUS OR IMMEDIATELY HAZARDOUS  VIOLATIONS  OF
 THE  UNIFORM  FIRE PREVENTION AND BUILDING CODE (UNIFORM CODE), NEW YORK

 S. 6458                            30                            A. 8281
 
 CITY FIRE CODE, OR NEW YORK CITY BUILDING AND HOUSING MAINTENANCE CODES,
 IF APPLICABLE;
   5.  PROHIBIT  INDIVIDUAL  APARTMENT  IMPROVEMENT INCREASES FOR HOUSING
 ACCOMMODATIONS  WITH  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;
   6.  PROHIBIT  TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASES FOR BUILD-
 INGS WITH THIRTY-FIVE PER CENTUM OR FEWER RENT-REGULATED UNITS;
   7. ESTABLISH THAT TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASES  SHALL
 BE  FIXED  TO  THE  UNIT  AND SHALL CEASE THIRTY YEARS FROM THE DATE THE
 INCREASE BECAME EFFECTIVE. TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASES
 SHALL BE ADDED TO THE LEGAL REGULATED RENT AS A TEMPORARY  INCREASE  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 LOCAL RENT GUIDELINES BOARD;
   8. ESTABLISH THAT TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASES  SHALL
 BE  COLLECTIBLE PROSPECTIVELY 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 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, 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;
   9. ENSURE THAT THE APPLICATION PROCEDURE FOR TEMPORARY  MAJOR  CAPITAL
 IMPROVEMENT  INCREASES  SHALL INCLUDE AN ITEMIZED LIST OF WORK PERFORMED
 AND A DESCRIPTION OR EXPLANATION OF THE REASON OR PURPOSE OF SUCH WORK;
   10.  PROVIDE, THAT WHERE AN APPLICATION FOR A MAJOR  CAPITAL  IMPROVE-
 MENT  RENT  INCREASE HAS BEEN FILED, A TENANT SHALL HAVE SIXTY DAYS FROM
 THE DATE OF MAILING OF A NOTICE OF A PROCEEDING IN WHICH  TO  ANSWER  OR
 REPLY;
   11.  ESTABLISH A NOTIFICATION AND DOCUMENTATION PROCEDURE FOR INDIVID-
 UAL APARTMENT IMPROVEMENTS  THAT  REQUIRES  AN  ITEMIZED  LIST  OF  WORK
 PERFORMED  AND  A DESCRIPTION OR EXPLANATION OF THE REASON OR PURPOSE OF
 SUCH WORK, INCLUSIVE OF PHOTOGRAPHIC EVIDENCE DOCUMENTING THE  CONDITION
 PRIOR TO AND AFTER THE COMPLETION OF THE PERFORMED WORK. PROVIDE FOR THE
 CENTRALIZED  ELECTRONIC  RETENTION  OF  SUCH DOCUMENTATION AND ANY OTHER
 SUPPORTING DOCUMENTATION TO BE MADE AVAILABLE IN CASES PERTAINING TO THE
 ADJUSTMENT OF LEGAL REGULATED RENTS; AND
   12. ESTABLISH A FORM 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

 S. 6458                            31                            A. 8281
 
 RETENTION  SYSTEM.  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.
   (B)  THE DIVISION SHALL ESTABLISH AN ANNUAL INSPECTION AND AUDIT PROC-
 ESS WHICH SHALL REVIEW TWENTY-FIVE PERCENT OF APPLICATIONS FOR A  TEMPO-
 RARY  MAJOR  CAPITAL  IMPROVEMENT  INCREASE THAT HAVE BEEN SUBMITTED AND
 APPROVED. SUCH PROCESS SHALL INCLUDE INDIVIDUAL INSPECTIONS AND DOCUMENT
 REVIEW TO ENSURE THAT OWNERS COMPLIED WITH ALL OBLIGATIONS AND RESPONSI-
 BILITIES  UNDER  THE  LAW  FOR  TEMPORARY  MAJOR   CAPITAL   IMPROVEMENT
 INCREASES.    INSPECTIONS SHALL INCLUDE IN-PERSON CONFIRMATION THAT SUCH
 IMPROVEMENTS HAVE BEEN COMPLETED IN SUCH WAY AS DESCRIBED IN THE  APPLI-
 CATION.
   (C)  THE  DIVISION  SHALL  ISSUE  A NOTICE TO THE LANDLORD AND ALL THE
 TENANTS SIXTY DAYS PRIOR TO THE  END  OF  THE  TEMPORARY  MAJOR  CAPITAL
 IMPROVEMENT INCREASE AND SHALL INCLUDE THE INITIAL APPROVED INCREASE AND
 THE  TOTAL  AMOUNT TO BE REMOVED FROM THE LEGAL REGULATED RENT INCLUSIVE
 OF ANY INCREASES GRANTED BY THE APPLICABLE RENT GUIDELINES BOARD.
   § 7. Chapter 274 of the laws of 1946, constituting the emergency hous-
 ing rent control law, is amended by adding a new section 8-a to read  as
 follows:
   § 8-A. MAJOR  CAPITAL  IMPROVEMENTS  AND INDIVIDUAL APARTMENT IMPROVE-
 MENTS IN RENT REGULATED UNITS. 1.  NOTWITHSTANDING ANY  OTHER  PROVISION
 OF  LAW  TO THE CONTRARY, THE DIVISION OF HOUSING AND COMMUNITY RENEWAL,
 THE "DIVISION", SHALL PROMULGATE RULES AND REGULATIONS APPLICABLE TO ALL
 RENT REGULATED UNITS THAT SHALL:
   (A) ESTABLISH  A  SCHEDULE  OF  REASONABLE  COSTS  FOR  MAJOR  CAPITAL
 IMPROVEMENTS,  WHICH  SHALL  SET  A  CEILING  FOR  WHAT CAN BE RECOVERED
 THROUGH A TEMPORARY MAJOR CAPITAL IMPROVEMENT  INCREASE,  BASED  ON  THE
 TYPE OF IMPROVEMENT AND ITS RATE OF DEPRECIATION;
   (B)  ESTABLISH THE CRITERIA FOR ELIGIBILITY OF A TEMPORARY MAJOR CAPI-
 TAL IMPROVEMENT INCREASE INCLUDING THE TYPE OF IMPROVEMENT, WHICH  SHALL
 BE  ESSENTIAL  FOR THE PRESERVATION, ENERGY EFFICIENCY, FUNCTIONALITY OR
 INFRASTRUCTURE OF  THE  ENTIRE  BUILDING,  INCLUDING  HEATING,  WINDOWS,
 PLUMBING AND ROOFING, BUT SHALL NOT BE FOR OPERATIONAL COSTS OR UNNECES-
 SARY  COSMETIC IMPROVEMENTS. ALLOWABLE IMPROVEMENTS MUST ADDITIONALLY BE
 DEPRECIABLE PURSUANT TO THE INTERNAL REVENUE  SERVICE,  OTHER  THAN  FOR
 ORDINARY  REPAIRS,  THAT DIRECTLY OR INDIRECTLY BENEFIT ALL TENANTS; AND
 NO INCREASE SHALL BE APPROVED FOR GROUP WORK DONE IN  INDIVIDUAL  APART-
 MENTS  THAT  IS OTHERWISE NOT AN IMPROVEMENT TO AN ENTIRE BUILDING. ONLY
 SUCH COSTS THAT ARE ACTUAL, REASONABLE, AND VERIFIABLE MAY  BE  APPROVED
 AS A TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASE;
   (C)  REQUIRE  THAT  ANY  TEMPORARY  MAJOR CAPITAL IMPROVEMENT INCREASE
 GRANTED PURSUANT TO THESE PROVISIONS BE REDUCED BY AN  AMOUNT  EQUAL  TO
 (I)  ANY  GOVERNMENTAL  GRANT RECEIVED BY THE LANDLORD, WHERE SUCH GRANT
 COMPENSATES THE LANDLORD FOR ANY IMPROVEMENTS REQUIRED BY A CITY,  STATE
 OR  FEDERAL GOVERNMENT, AN AGENCY OR ANY GRANTING GOVERNMENTAL ENTITY TO
 BE EXPENDED FOR IMPROVEMENTS AND (II) ANY INSURANCE PAYMENT RECEIVED  BY
 THE  LANDLORD  WHERE SUCH INSURANCE PAYMENT COMPENSATES THE LANDLORD FOR
 ANY PART OF THE COSTS OF THE IMPROVEMENTS;
   (D) PROHIBIT TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASES FOR  BUILD-
 INGS  WITH  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;

 S. 6458                            32                            A. 8281
 
   (E)  PROHIBIT  INDIVIDUAL  APARTMENT IMPROVEMENT INCREASES FOR HOUSING
 ACCOMMODATIONS  WITH  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;
   (F)  PROHIBIT TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASES FOR BUILD-
 INGS WITH THIRTY-FIVE PER CENTUM OR FEWER RENT-REGULATED UNITS;
   (G) ESTABLISH THAT TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASES SHALL
 BE FIXED TO THE UNIT AND SHALL CEASE THIRTY  YEARS  FROM  THE  DATE  THE
 INCREASE BECAME EFFECTIVE. TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASES
 SHALL  BE  ADDED TO THE LEGAL REGULATED RENT AS A TEMPORARY INCREASE 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 LOCAL RENT GUIDELINES BOARD;
   (H) ESTABLISH THAT TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASES SHALL
 BE  COLLECTIBLE PROSPECTIVELY 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 ESTABLISHED OR SET IN FUTURE  YEARS.
 UPON  VACANCY,  THE LANDLORD MAY ADD ANY REMAINING BALANCE OF THE TEMPO-
 RARY MAJOR CAPITAL IMPROVEMENT INCREASES TO THE  LEGAL  REGULATED  RENT.
 NOTWITHSTANDING  ANY  OTHER  PROVISION OF THE LAW, 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;
   (I) ENSURE THAT THE APPLICATION PROCEDURE FOR TEMPORARY MAJOR  CAPITAL
 IMPROVEMENT  INCREASES  SHALL INCLUDE AN ITEMIZED LIST OF WORK PERFORMED
 AND A DESCRIPTION OR EXPLANATION OF THE REASON OR PURPOSE OF SUCH WORK;
   (J) PROVIDE, THAT WHERE AN APPLICATION FOR A MAJOR CAPITAL IMPROVEMENT
 RENT INCREASE HAS BEEN FILED, A TENANT SHALL HAVE SIXTY  DAYS  FROM  THE
 DATE OF MAILING OF A NOTICE OF A PROCEEDING IN WHICH TO ANSWER OR REPLY;
   (K)  ESTABLISH A NOTIFICATION AND DOCUMENTATION PROCEDURE FOR INDIVID-
 UAL APARTMENT IMPROVEMENTS  THAT  REQUIRES  AN  ITEMIZED  LIST  OF  WORK
 PERFORMED  AND  A DESCRIPTION OR EXPLANATION OF THE REASON OR PURPOSE OF
 SUCH WORK, INCLUSIVE OF PHOTOGRAPHIC EVIDENCE DOCUMENTING THE  CONDITION
 PRIOR TO AND AFTER THE COMPLETION OF THE PERFORMED WORK. PROVIDE FOR THE
 CENTRALIZED  ELECTRONIC  RETENTION  OF  SUCH DOCUMENTATION AND ANY OTHER
 SUPPORTING DOCUMENTATION TO BE MADE AVAILABLE IN CASES PERTAINING TO THE
 ADJUSTMENT OF LEGAL REGULATED RENTS; AND
   (L) ESTABLISH A FORM 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.  NOTHING  HEREIN SHALL RELIEVE A LANDLORD, LESSOR, OR
 AGENT THEREOF OF HIS OR HER DUTY TO RETAIN PROPER DOCUMENTATION  OF  ALL

 S. 6458                            33                            A. 8281
 
 IMPROVEMENTS  PERFORMED  OR  ANY  RENT  INCREASES  RESULTING  FROM  SAID
 IMPROVEMENTS.
   2. THE DIVISION SHALL ESTABLISH AN ANNUAL INSPECTION AND AUDIT PROCESS
 WHICH  SHALL  REVIEW TWENTY-FIVE PERCENT OF APPLICATIONS FOR A TEMPORARY
 MAJOR  CAPITAL  IMPROVEMENT  INCREASE  THAT  HAVE  BEEN  SUBMITTED   AND
 APPROVED. SUCH PROCESS SHALL INCLUDE INDIVIDUAL INSPECTIONS AND DOCUMENT
 REVIEW TO ENSURE THAT OWNERS COMPLIED WITH ALL OBLIGATIONS AND RESPONSI-
 BILITIES   UNDER   THE  LAW  FOR  TEMPORARY  MAJOR  CAPITAL  IMPROVEMENT
 INCREASES.  INSPECTIONS SHALL INCLUDE IN-PERSON CONFIRMATION  THAT  SUCH
 IMPROVEMENTS  HAVE BEEN COMPLETED IN SUCH WAY AS DESCRIBED IN THE APPLI-
 CATION.
   3. THE DIVISION SHALL ISSUE A NOTICE  TO  THE  LANDLORD  AND  ALL  THE
 TENANTS  SIXTY  DAYS  PRIOR  TO  THE  END OF THE TEMPORARY MAJOR CAPITAL
 IMPROVEMENT INCREASE AND SHALL INCLUDE THE INITIAL APPROVED INCREASE AND
 THE TOTAL AMOUNT TO BE REMOVED FROM THE LEGAL REGULATED  RENT  INCLUSIVE
 OF ANY INCREASES GRANTED BY THE APPLICABLE RENT GUIDELINES BOARD.
   §  8.  Paragraph 2 of subdivision 3-a and subparagraphs 7 and 8 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, paragraph 2 of subdivision 3-a as amended by
 chapter 337 of the laws of 1961, subparagraph 8 of the  second  undesig-
 nated  paragraph of paragraph (a) of subdivision 4 as amended by section
 25 of part B of chapter 97 of the laws of 2011 and subparagraph 7 of the
 second undesignated paragraph of  paragraph  (a)  of  subdivision  4  as
 amended  by  section 32 of part A of chapter 20 of the laws of 2015, are
 amended to read as follows:
   (2) the amount of  increases  in  maximum  rent  authorized  by  order
 because of increases in dwelling space, services, furniture, furnishings
 or  equipment[,  or  major  capital  improvements] AND THE AMOUNT OF THE
 TEMPORARY INCREASE AUTHORIZED  BY  ORDER  BECAUSE  OF  A  MAJOR  CAPITAL
 IMPROVEMENT.
   (7)  there has been since March first, nineteen hundred fifty, a major
 capital improvement [required] ESSENTIAL for the [operation,]  preserva-
 tion  [or maintenance of the structure], ENERGY EFFICIENCY, FUNCTIONALI-
 TY, OR INFRASTRUCTURE OF THE ENTIRE BUILDING, IMPROVEMENT OF THE  STRUC-
 TURE  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
 [rent act of 2015] CHAPTER OF THE LAWS OF  TWO  THOUSAND  NINETEEN  THAT
 AMENDED  THIS  PARAGRAPH the cost of such improvement shall be amortized
 over [an eight-year] A TWELVE-YEAR period for buildings with thirty-five
 or fewer units or a [nine] 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 IMPROVEMENT INCREASES SHALL BE COLLECT-
 IBLE PROSPECTIVELY 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 ESTABLISHED OR SET IN FUTURE YEARS.

 S. 6458                            34                            A. 8281

 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, 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  (8)  there  has  been since March first, nineteen hundred
 fifty, in structures containing more than four  housing  accommodations,
 other improvements made with the express INFORMED consent of the tenants
 in occupancy of at least seventy-five per centum of the housing accommo-
 dations,  provided,  however, that no adjustment granted hereunder shall
 exceed [fifteen] TWO per centum unless the  tenants  have  agreed  to  a
 higher percentage of increase, as herein provided;
   § 9. Paragraph 3 of subdivision d of section 6 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  30  of  part  A  of
 chapter 20 of the laws of 2015, is amended to read as follows:
   (3)  there has been since January first, nineteen hundred seventy-four
 a major capital improvement [required for the operation, preservation or
 maintenance of the structure] 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 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 [an eight-year] A TWELVE-YEAR period for a building  with
 thirty-five or fewer housing accommodations, or a [nine-year] TWELVE AND
 ONE-HALF period for a building with more than thirty-five housing accom-
 modations  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 [rent act of 2015] CHAPTER OF THE LAWS
 OF TWO THOUSAND NINETEEN THAT AMENDED THIS PARAGRAPH; 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, 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
   §  10.  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 31 of part A of chapter 20 of the laws of 2015,  is  amended  to
 read as follows:
   (g) There has been since July first, nineteen hundred seventy, a major
 capital  improvement [required] ESSENTIAL for the [operation,] preserva-
 tion [or maintenance of the structure] ENERGY EFFICIENCY, FUNCTIONALITY,
 OR INFRASTRUCTURE OF THE ENTIRE BUILDING, IMPROVEMENT OF  THE  STRUCTURE
 INCLUDING  HEATING,  WINDOWS,  PLUMBING AND ROOFING BUT SHALL NOT BE FOR

 S. 6458                            35                            A. 8281
 
 OPERATIONAL COSTS OR UNNECESSARY COSMETIC IMPROVEMENTS.  [An adjustment]
 THE TEMPORARY INCREASE BASED UPON A MAJOR CAPITAL IMPROVEMENT under this
 subparagraph [(g)] for any order of the commissioner  issued  after  the
 effective  date  of  the  [rent  act of 2015] 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 [an eight-year] A TWELVE-YEAR period for buildings
 with thirty-five or fewer units or a [nine]  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  IMPROVEMENT
 INCREASES SHALL BE COLLECTIBLE PROSPECTIVELY 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 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,  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
   § 11. Paragraph 6 of subdivision c of section 26-511 of  the  adminis-
 trative code of the city of New York, as amended by section 29 of part A
 of chapter 20 of the laws of 2015, 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
 operation  of  the building to meet the three year to three year compar-
 ative test periods herein provided; and (b) as  to  completed  building-

 S. 6458                            36                            A. 8281
 
 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 [an  eight-year]  A  TWELVE-YEAR  period  for  a
 building  with  thirty-five or fewer housing accommodations, or a [nine-
 year] 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 [rent act of 2015,] THE CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN
 THAT  AMENDED  THIS  PARAGRAPH AND 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.  TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASES SHALL BE  COLLECT-
 IBLE  PROSPECTIVELY  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 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, 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 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  paragraph  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 indebt-
 edness 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  mort-
 gage  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;
   § 12. Paragraph 6 of subdivision c of section 26-511 of  the  adminis-
 trative code of the city of New York, as amended by section 29 of part A
 of chapter 20 of the laws of 2015, 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-

 S. 6458                            37                            A. 8281
 
 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
 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 an eight-year period for a building with thir-
 ty-five or fewer housing accommodations, or a  nine-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  rent  act of 2015, based upon cash
 purchase price exclusive of interest  or  service  charges.    WHERE  AN
 APPLICATION  FOR A TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASE HAS BEEN
 FILED, A TENANT SHALL HAVE SIXTY DAYS FROM THE  DATE  OF  MAILING  OF  A
 NOTICE  OF  A PROCEEDING IN WHICH TO ANSWER OR REPLY. THE STATE DIVISION
 OF HOUSING AND COMMUNITY RENEWAL SHALL  PROVIDE  ANY  RESPONDING  TENANT
 WITH  THE REASONS FOR THE DIVISION'S APPROVAL OR DENIAL OF SUCH APPLICA-
 TION. Notwithstanding anything to  the  contrary  contained  herein,  no
 hardship  increase  granted pursuant to this paragraph 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 manage-
 ment 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;
   § 13. Subdivision d of section 6 of section 4 of chapter  576  of  the
 laws  of 1974, constituting the emergency tenant protection act of nine-

 S. 6458                            38                            A. 8281
 
 teen seventy-four, is amended by adding a new paragraph 3-a to  read  as
 follows:
   (3-A)  AN  APPLICATION  FOR  A  TEMPORARY  MAJOR  CAPITAL  IMPROVEMENT
 INCREASE HAS BEEN FILED, A TENANT SHALL HAVE SIXTY DAYS FROM THE DATE OF
 MAILING OF A NOTICE OF A PROCEEDING IN WHICH TO  ANSWER  OR  REPLY.  THE
 STATE  DIVISION  OF  HOUSING  AND  COMMUNITY  RENEWAL  SHALL PROVIDE ANY
 RESPONDING TENANT WITH THE REASONS FOR THE DIVISION'S APPROVAL OR DENIAL
 OF SUCH APPLICATION; OR
   § 14. 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 32 of part A of chapter 20 of the laws of 2015,  is  amended  to
 read as follows:
   (7)  there has been since March first, nineteen hundred fifty, a major
 capital improvement required for the operation, preservation or  mainte-
 nance  of  the structure; which for any order of the commissioner issued
 after the effective date of the rent  act  of  2015  the  cost  of  such
 improvement  shall  be amortized over an eight-year period for buildings
 with thirty-five or fewer units or a nine year period for buildings with
 more than thirty-five units, PROVIDED, HOWEVER, WHERE AN APPLICATION FOR
 A TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASE HAS BEEN FILED, A  TENANT
 SHALL HAVE SIXTY DAYS FROM THE DATE OF MAILING OF A NOTICE OF A PROCEED-
 ING  IN  WHICH  TO  ANSWER  OR  REPLY. THE STATE DIVISION OF HOUSING AND
 COMMUNITY RENEWAL SHALL PROVIDE ANY RESPONDING TENANT WITH  THE  REASONS
 FOR THE DIVISION'S APPROVAL OR DENIAL OF SUCH APPLICATION; or
   § 15.  Subdivision a of section 26-517.1 of the administrative code of
 the city of New York, as added by local law number 95 of the city of New
 York for the year 1985, is amended to read as follows:
   a. The [Department] DEPARTMENT of [Finance] FINANCE shall collect from
 the owner of each housing accommodation registered pursuant to [Section]
 SECTION  26-517  of  this  [law]  CHAPTER an annual fee in the amount of
 [ten] TWENTY dollars per year for each unit  subject  to  this  law,  in
 order  to defray costs incurred by the city pursuant to subdivision c of
 section eight of the emergency tenant protection act of nineteen hundred
 seventy-four.
   § 16. Subdivisions c and d of section 8 of section 4 of chapter 576 of
 the laws of 1974 constituting the emergency  tenant  protection  act  of
 nineteen  seventy-four,  subdivision c as amended by section 5 of part Z
 of chapter 56 of the laws of 2010 and subdivision d as amended by  chap-
 ter 116 of the laws of 1997, are amended to read as follows:
   c.  Whenever  a  city  having  a population of one million or more has
 determined the existence of an emergency pursuant to  section  three  of
 this act, the provisions of this act and the New York city rent stabili-
 zation  law  of nineteen hundred sixty-nine shall be administered by the
 state division of housing and community renewal as provided in  the  New
 York  city  rent  stabilization  law  of nineteen hundred sixty-nine, as
 amended, or as otherwise provided by law.  The  costs  incurred  by  the
 state  division  of  housing and community renewal in administering such
 regulation shall be paid by such city. All payments  for  such  adminis-
 tration shall be transmitted to the state division of housing and commu-
 nity renewal as follows: on or after April first of each year commencing
 with  April,  nineteen  hundred eighty-four, the commissioner of housing
 and community renewal shall determine an amount necessary to defray  the
 division's anticipated annual cost, and one-quarter of such amount shall
 be  paid  by such city on or before July first of such year, one-quarter
 of such amount on or before October first of such year,  one-quarter  of

 S. 6458                            39                            A. 8281
 
 such  amount  on  or before January first of the following year and one-
 quarter of such amount on or before March thirty-first of the  following
 year.  After the close of the fiscal year of the state, the commissioner
 shall  determine  the amount of all actual costs incurred in such fiscal
 year and shall certify such amount  to  such  city.  If  such  certified
 amount  shall  differ  from  the amount paid by the city for such fiscal
 year, appropriate adjustments  shall  be  made  in  the  next  quarterly
 payment to be made by such city. In the event that the amount thereof is
 not  paid  to  the  commissioner  as herein prescribed, the commissioner
 shall certify the unpaid amount to the comptroller, and the  comptroller
 shall,  to  the  extent  not  otherwise prohibited by law, withhold such
 amount from any state aid payable to such city. In no  event  shall  the
 amount  imposed  on  the owners exceed [ten] TWENTY dollars per unit per
 year.
   d. The failure to pay the prescribed assessment not  to  exceed  [ten]
 TWENTY  dollars  per  unit for any housing accommodation subject to this
 act or the New York city rent  stabilization  law  of  nineteen  hundred
 sixty-nine  shall  constitute  a charge due and owing such city, town or
 village which has imposed an annual charge for each such housing  accom-
 modation  pursuant to subdivision b of this section. Any such city, town
 or village shall be authorized to provide for  the  enforcement  of  the
 collection of such charges by commencing an action or proceeding for the
 recovery  of  such fees or by the filing of a lien upon the building and
 lot. Such methods for the enforcement of the collection of such  charges
 shall be the sole remedy for the enforcement of this section.
   §  17. Notwithstanding any other provision of law to the contrary, the
 increased revenues of ten dollars per unit per year to the  commissioner
 of  the state division of housing and community renewal pursuant to this
 act, for the purpose  of  enforcement  of  rent  regulations,  shall  be
 divided  equally by the commissioner between the office of rent adminis-
 tration and the office of the tenant protection unit within the division
 of housing and community renewal and shall be utilized  by  the  commis-
 sioner  in addition to and not in substitution for the levels of funding
 from all sources provided to the office of rent administration  and  the
 office of the tenant protection unit on the effective date of this act.
   § 18. This act shall take effect immediately; provided, however, that:
   (a) the amendments to chapter 4 of title 26 of the administrative code
 of  the  city of New York made by sections two, four, eleven, twelve and
 fifteen 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;
   (b) provided that the amendments to sections 26-405  and  26-405.1  of
 the  city  rent  and rehabilitation law made by sections three, five and
 ten 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;
   (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 directed to be made and completed
 on or before such effective date.
 
                                  PART L

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "rent regulation reporting act of 2019".

 S. 6458                            40                            A. 8281
 
   §  2. Section 20 of the public housing law, as added by chapter 576 of
 the laws of 1989, is amended to read as follows:
   §  20. Annual reports. 1. The commissioner shall, on or before October
 first in each year, beginning in nineteen hundred ninety, submit one  or
 more reports to the governor, the temporary president of the senate, the
 speaker  of the assembly, the minority leader of the senate and minority
 leader of the assembly on the activity and implementation of  the  state
 housing  assistance  programs for the previous fiscal year. In addition,
 the commissioner shall, on or before February first in each year, begin-
 ning in nineteen hundred ninety-one,  submit  an  interim  report  which
 contains,  in  tabular  format  only,  the  non-narrative  data compiled
 through November thirtieth of each year. The commissioner  shall  submit
 on  or  before  February first, nineteen hundred ninety a report for the
 fiscal year commencing April first, nineteen  hundred  eighty-eight  and
 the  most  up to date non-narrative data, in tabular format only, but in
 no event less than the data compiled through September thirtieth,  nine-
 teen  hundred  eighty-nine.  All  such reports shall include, but not be
 limited to the low income housing trust  fund  program,  the  affordable
 home  ownership  development program, the urban initiatives program, the
 rural area revitalization program, the rural rental assistance  program,
 the  homeless  housing and assistance program, the housing opportunities
 program for the elderly, the state of New York mortgage  agency  forward
 commitment  and  mortgage insurance programs, the housing finance agency
 secured loan rental program, the  turnkey/enhanced  housing  trust  fund
 program,  the  special  needs housing program, the permanent housing for
 the  homeless  program,  the  infrastructure  development  demonstration
 program  and  the mobile home cooperative fund program.  For the purpose
 of producing such report or reports, the commissioner shall  be  author-
 ized  to  rely  on  information provided by each administering agency or
 authority. Such report or reports shall, to the extent applicable  to  a
 specific  program,  include  but  not be limited to: (i) a narrative for
 each program reported describing the program  purpose,  eligible  appli-
 cants,  eligible  areas, income population to be served, and limitations
 on funding; (ii) for each eligible applicant receiving funding under the
 Housing Trust Fund or the Affordable Home Ownership Development programs
 during the year specified herein, such applicant's name and  address,  a
 description  of the applicant's contract amount, a narrative description
 of the specific activities performed by such applicant, and  the  income
 levels of the occupants to be served by the units all as proposed by the
 applicant  at  the  time the contract is awarded; (iii) a description of
 the distribution of funds for each category of project funded under each
 program; (iv) the number of units or beds under award,  under  contract,
 under  construction  and  completed  based on a change in project status
 during the year for each program;  (v)  the  number  of  units  or  beds
 assisted during the year under each program; (vi) the amount and type of
 assistance  provided for such units or beds placed under contract; (vii)
 based on total project costs, the number of units or beds under contract
 and  assisted  through  new  construction,  substantial  rehabilitation,
 moderate  rehabilitation,  improvements  to  existing units or beds, and
 through acquisition only for each program;  (viii)  for  the  number  of
 units or beds under contract assisted through new construction, substan-
 tial  rehabilitation,  moderate rehabilitation, improvements to existing
 units or beds, and through acquisition only, the level of state  assist-
 ance  expressed  as  a  percentage of total project cost; (ix) for those
 units and beds under contract a calculation of the amount  of  non-state
 funds  provided expressed as a percentage of total project cost; (x) the

 S. 6458                            41                            A. 8281
 
 number of units or beds completed and under award,  under  contract  and
 under  construction  for each program based on the current program pipe-
 line; (xi) for units or beds for which mortgage assistance was  provided
 by  the  state  of  New York mortgage agency, the number of existing and
 newly constructed units; and (xii) a list, by program, of units or  beds
 assisted  within each county. To the extent that any law establishing or
 appropriating funds for any of the aforementioned programs requires  the
 commissioner  to  produce a report containing data substantially similar
 to that required herein, this report shall be  deemed  to  satisfy  such
 other requirements.
   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. 6458                            42                            A. 8281
 
 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 INDIVIDUAL BUILDINGS,
 HOUSING ACCOMMODATIONS, PROPERTY OWNERS, AND TENANTS.
   § 3. This act shall take effect immediately.

                                  PART M
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "statewide housing security and tenant protection act of 2019".
   § 2. Section 223-b of the real property law, as amended by chapter 584
 of the laws of 1991, subdivision 5-a as added by chapter 466 of the laws
 of 2005, is amended to read as follows:
   §  223-b.  Retaliation  by  landlord against tenant. 1. No landlord of
 premises or units to which this section  is  applicable  shall  serve  a
 notice  to  quit  upon any tenant or commence any action to recover real
 property or summary proceeding to recover possession of real property in
 retaliation for:
   a. A good faith complaint, by or in behalf of the tenant, to THE LAND-
 LORD, THE LANDLORD'S AGENT OR a governmental authority of the landlord's
 alleged violation of any health or  safety  law,  regulation,  code,  or
 ordinance,  THE WARRANTY OF HABITABILITY UNDER SECTION TWO HUNDRED THIR-
 TY-FIVE-B OF THIS ARTICLE, THE DUTY TO REPAIR  UNDER  SECTIONS  SEVENTY-
 EIGHT,  SEVENTY-NINE, AND EIGHTY OF THE MULTIPLE DWELLING LAW OR SECTION
 ONE HUNDRED SEVENTY-FOUR OF THE MULTIPLE RESIDENCE LAW, or  any  law  or
 regulation  which  has  as its objective the regulation of premises used
 for dwelling purposes or which pertains to the offense of  rent  gouging
 in the third, second or first degree; or
   b.  Actions  taken  in  good  faith, by or in behalf of the tenant, to
 secure or enforce any rights under the lease or  rental  agreement,  THE
 WARRANTY OF HABITABILITY under section two hundred thirty-five-b of this
 [chapter]  ARTICLE,  THE  DUTY  TO  REPAIR UNDER SECTIONS SEVENTY-EIGHT,
 SEVENTY-NINE, AND EIGHTY OF THE MULTIPLE DWELLING  LAW  OR  SECTION  ONE
 HUNDRED  SEVENTY-FOUR  OF THE MULTIPLE RESIDENCE LAW, or under any other
 law of the state of New York, or of its governmental subdivisions, or of
 the United States which has as its objective the regulation of  premises
 used  for  dwelling  purposes  or  which pertains to the offense of rent
 gouging in the third, second or first degree; or
   c. The tenant's participation in the activities of a  tenant's  organ-
 ization.
   2.  No  landlord  [or]  OF  premises or units to which this section is
 applicable OR SUCH LANDLORD'S AGENT shall substantially alter the  terms
 of the tenancy in retaliation for any actions set forth in paragraphs a,
 b,  and  c  of  subdivision  one of this section. Substantial alteration
 shall include, but is not limited to, the refusal to continue a  tenancy
 of  the tenant [or], upon expiration of the tenant's lease, to renew the

 S. 6458                            43                            A. 8281
 
 lease or offer a new lease, OR OFFERING A NEW LEASE WITH AN UNREASONABLE
 RENT INCREASE; provided, however, that a landlord shall not be  required
 under  this  section  to offer a new lease or a lease renewal for a term
 greater  than  one  year  [and after such extension of a tenancy for one
 year shall not be required to further extend or continue such tenancy].
   3. A landlord shall be subject to a civil action for  damages,  ATTOR-
 NEY'S  FEES AND COSTS and other appropriate relief, including injunctive
 and other equitable remedies, as may be determined by a court of  compe-
 tent  jurisdiction  in  any  case in which the landlord has violated the
 provisions of this section.
   4. In any action to recover real property  or  summary  proceeding  to
 recover  possession  of real property, judgment shall be entered for the
 tenant if the court finds that the landlord is acting in retaliation for
 any action set forth in paragraphs a, b, and c  of  subdivision  one  of
 this  section  [and  further finds that the landlord would not otherwise
 have commenced such action or proceeding]. Retaliation shall be asserted
 as an affirmative defense in such action or proceeding. The tenant shall
 not be relieved of the obligation to pay any rent for which he is other-
 wise liable.
   5. In an action or proceeding instituted against a tenant of  premises
 or  a unit to which this section is applicable, a rebuttable presumption
 that the landlord is acting in  retaliation  shall  be  created  if  the
 tenant  establishes that the landlord served a notice to quit, or insti-
 tuted an action or proceeding to recover  possession,  or  attempted  to
 substantially  alter  the  terms of the tenancy, within [six months] ONE
 YEAR after:
   a. A good faith complaint was made, by or in behalf of the tenant,  to
 THE  LANDLORD,  THE  LANDLORD'S AGENT OR a governmental authority of the
 landlord's violation of any health or safety law, regulation,  code,  or
 ordinance,  THE WARRANTY OF HABITABILITY UNDER SECTION TWO HUNDRED THIR-
 TY-FIVE-B OF THIS ARTICLE, THE DUTY TO REPAIR  UNDER  SECTIONS  SEVENTY-
 EIGHT,  SEVENTY-NINE, AND EIGHTY OF THE MULTIPLE DWELLING LAW OR SECTION
 ONE HUNDRED SEVENTY-FOUR OF THE MULTIPLE RESIDENCE LAW, or  any  law  or
 regulation  which  has  as its objective the regulation of premises used
 for dwelling purposes or which pertains to the offense of  rent  gouging
 in the third, second or first degree; or
   b.  The  tenant  in good faith [commenced an action or proceeding in a
 court or administrative body of competent jurisdiction] TOOK  ACTION  to
 secure  or  enforce  against the landlord or his agents any rights under
 the lease or  rental  agreement,  THE  WARRANTY  OF  HABITABILITY  under
 section two hundred thirty-five-b of this [chapter] ARTICLE, THE DUTY TO
 REPAIR  UNDER  SECTIONS  SEVENTY-EIGHT,  SEVENTY-NINE, AND EIGHTY OF THE
 MULTIPLE DWELLING LAW OR SECTION ONE HUNDRED SEVENTY-FOUR OF THE  MULTI-
 PLE  RESIDENCE  LAW, or under any other law of the state of New York, or
 of its governmental subdivisions, or of the United States which  has  as
 its  objective  the regulation of premises used for dwelling purposes or
 which pertains to the offense of rent gouging in the  third,  second  or
 first degree.
   c.  Judgment  under  subdivision  three  or  four  of this section was
 entered for the tenant in a previous action between the parties;  or  an
 inspection  was made, an order was entered, or other action was taken as
 a result of a complaint or act described in paragraph a  or  b  of  this
 subdivision.
   [But  the presumption shall not apply in an action or proceeding based
 on the violation by the tenant of the terms and conditions of the  lease
 or rental agreement, including nonpayment of the agreed-upon rent.]

 S. 6458                            44                            A. 8281
 
   The  effect  of  the  presumption  shall be to require the landlord to
 [provide a credible explanation of] ESTABLISH a  non-retaliatory  motive
 for  his  acts[.    Such  an  explanation  shall overcome and remove the
 presumption unless the tenant disproves it] by a  preponderance  of  the
 evidence.
   5-a.  Any  lease  provision  which  seeks  to assess a fee, penalty or
 dollar charge, in addition to the stated rent, against a tenant  because
 such  tenant  files  a  bona fide complaint with THE LANDLORD, THE LAND-
 LORD'S AGENT OR a building code officer regarding the condition of  such
 tenant's  leased premises shall be null and void as being against public
 policy. A landlord  OR AGENT OF THE LANDLORD who seeks to enforce such a
 fee, penalty or charge shall be liable to  the  tenant  for  triple  the
 amount of such fee, penalty or charge.
   6.  This section shall apply to all rental residential premises except
 owner-occupied  dwellings  with  less  than  four  units.  However,  its
 provisions  shall  not be given effect in any case in which it is estab-
 lished that the condition from which the complaint or action  arose  was
 caused  by the tenant, a member of the tenant's household, or a guest of
 the tenant. Nor shall it apply in a case where a tenancy was  terminated
 pursuant  to the terms of a lease as a result of a bona fide transfer of
 ownership.
   § 3. The real property law is amended by adding a new section 226-c to
 read as follows:
   § 226-C. NOTICE OF RENT INCREASE OR NON-RENEWAL OF RESIDENTIAL  TENAN-
 CY.  1.  WHENEVER A LANDLORD INTENDS TO OFFER TO RENEW THE TENANCY OF AN
 OCCUPANT IN A RESIDENTIAL DWELLING UNIT WITH A RENT INCREASE EQUAL TO OR
 GREATER THAN FIVE PERCENT ABOVE THE CURRENT RENT, OR THE  LANDLORD  DOES
 NOT  INTEND  TO  RENEW  THE  TENANCY, THE LANDLORD SHALL PROVIDE WRITTEN
 NOTICE AS REQUIRED IN SUBDIVISION TWO OF THIS SECTION. IF  THE  LANDLORD
 FAILS  TO  PROVIDE  TIMELY  NOTICE,  THE OCCUPANT'S LAWFUL TENANCY SHALL
 CONTINUE UNDER THE EXISTING TERMS OF THE TENANCY FROM THE DATE ON  WHICH
 THE  LANDLORD  GAVE  ACTUAL  WRITTEN  NOTICE UNTIL THE NOTICE PERIOD HAS
 EXPIRED, NOTWITHSTANDING ANY PROVISION  OF  A  LEASE  OR  OTHER  TENANCY
 AGREEMENT TO THE CONTRARY.
   2.  (A) 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)  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) 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.
   § 4. The real property law is amended by adding a new section 227-e to
 read as follows:
   § 227-E. LANDLORD DUTY TO MITIGATE DAMAGES. IN  ANY  LEASE  OR  RENTAL
 AGREEMENT,  EXCLUDING ANY REAL ESTATE PURCHASE CONTRACT DEFINED IN PARA-
 GRAPHS (A), (C) AND (D) OF SUBDIVISION  FOUR  OF  SECTION  FOUR  HUNDRED
 SIXTY-ONE  OF  THIS  CHAPTER,  COVERING  PREMISES  OCCUPIED FOR DWELLING
 PURPOSES, IF A TENANT VACATES A PREMISES IN VIOLATION OF  THE  TERMS  OF
 THE  LEASE, THE LANDLORD SHALL, IN GOOD FAITH AND ACCORDING TO THE LAND-
 LORD'S RESOURCES AND ABILITIES, TAKE REASONABLE AND CUSTOMARY ACTIONS TO
 RENT THE PREMISES AT FAIR MARKET VALUE OR AT THE RATE AGREED  TO  DURING
 THE  TERM OF THE TENANCY, WHICHEVER IS LOWER.  IF THE LANDLORD RENTS THE
 PREMISES AT FAIR MARKET VALUE OR AT THE RATE AGREED TO DURING  THE  TERM
 OF  THE TENANCY, THE NEW TENANT'S LEASE SHALL, ONCE IN EFFECT, TERMINATE

 S. 6458                            45                            A. 8281
 
 THE PREVIOUS TENANT'S LEASE AND MITIGATE DAMAGES  OTHERWISE  RECOVERABLE
 AGAINST  THE PREVIOUS TENANT BECAUSE OF SUCH TENANT'S VACATING THE PREM-
 ISES. THE BURDEN OF PROOF SHALL BE  ON  THE  PARTY  SEEKING  TO  RECOVER
 DAMAGES.  ANY  PROVISION  IN  A  LEASE THAT EXEMPTS A LANDLORD'S DUTY TO
 MITIGATE DAMAGES UNDER THIS SECTION SHALL BE VOID AS CONTRARY TO  PUBLIC
 POLICY.
   § 5. The real property law is amended by adding a new section 227-f to
 read as follows:
   §  227-F. DENIAL ON THE BASIS OF INVOLVEMENT IN PRIOR DISPUTES PROHIB-
 ITED. 1. NO LANDLORD OF A RESIDENTIAL PREMISES SHALL REFUSE TO  RENT  OR
 OFFER  A  LEASE  TO  A  POTENTIAL TENANT ON THE BASIS THAT THE POTENTIAL
 TENANT WAS INVOLVED IN A  PAST  OR  PENDING  LANDLORD-TENANT  ACTION  OR
 SUMMARY  PROCEEDING UNDER ARTICLE SEVEN OF THE REAL PROPERTY ACTIONS AND
 PROCEEDINGS LAW.  THERE SHALL BE A REBUTTABLE PRESUMPTION THAT A  PERSON
 IS  IN  VIOLATION  OF  THIS SECTION IF IT IS ESTABLISHED THAT THE PERSON
 REQUESTED INFORMATION FROM A  TENANT  SCREENING  BUREAU  RELATING  TO  A
 POTENTIAL  TENANT  OR  OTHERWISE  INSPECTED  COURT RECORDS RELATING TO A
 POTENTIAL TENANT AND THE PERSON SUBSEQUENTLY REFUSES TO RENT OR OFFER  A
 LEASE TO THE POTENTIAL TENANT.
   2. WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE FROM EVIDENCE SATISFAC-
 TORY  TO HIM OR HER THAT ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OR
 AGENT OR EMPLOYEE THEREOF HAS VIOLATED SUBDIVISION ONE OF THIS  SECTION,
 HE OR SHE MAY BRING AN ACTION OR SPECIAL PROCEEDING IN THE SUPREME COURT
 FOR  A  JUDGMENT  ENJOINING  THE CONTINUANCE OF SUCH VIOLATION AND FOR A
 CIVIL PENALTY OF NOT LESS THAN FIVE HUNDRED DOLLARS, BUT NOT  MORE  THAN
 ONE THOUSAND DOLLARS FOR EACH VIOLATION.
   § 6. Section 232-a of the real property law, as amended by chapter 312
 of the laws of 1962, 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 [his] THE TENANT'S  term
 unless [at least thirty days before the expiration of the term] PURSUANT
 TO  THE NOTICE PERIOD REQUIRED BY SUBDIVISION TWO OF SECTION TWO HUNDRED
 TWENTY-SIX-C OF THIS ARTICLE, the landlord or [his] 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 [on
 which his term expires] DESIGNATED IN  THE  NOTICE,  the  landlord  will
 commence  summary  proceedings  under  the statute to remove such tenant
 therefrom.
   § 7. Section 232-b of the real property law, as added by  chapter  813
 of the laws of 1942, 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 [landlord or the] tenant upon
 [his] THE TENANT'S notifying the [other] LANDLORD  at  least  one  month
 before  the  expiration  of  the  term of [his] THE TENANT'S election to
 terminate; provided, however, that no notification shall be necessary to
 terminate a tenancy for a definite term.
   § 8. Section 234 of the real property law, as amended by  chapter  297
 of the laws of 1969, is amended to read as follows:
   § 234. [Tenants' right] RIGHT to recover attorneys' fees in actions or
 summary  proceedings  arising  out  of  leases  of residential property.

 S. 6458                            46                            A. 8281
 
 Whenever a lease of residential  property  shall  provide  that  in  any
 action  or  summary  proceeding the landlord may recover attorneys' fees
 and/or expenses incurred as the result of the failure of the  tenant  to
 perform  any  covenant  or  agreement  contained  in such lease, or that
 amounts paid by the landlord therefor shall be paid  by  the  tenant  as
 additional  rent, there shall be implied in such lease a covenant by the
 landlord to pay to the tenant  the  reasonable  attorneys'  fees  and/or
 expenses  incurred  by  the  tenant  as the result of the failure of the
 landlord to perform  any  covenant  or  agreement  on  its  part  to  be
 performed  under the lease or in the successful defense of any action or
 summary proceeding commenced by the landlord against the tenant  arising
 out  of  the  lease, and an agreement that such fees and expenses may be
 recovered as provided by law in an action commenced against the landlord
 or by way of counterclaim in any action or summary proceeding  commenced
 by  the  landlord  against the tenant. A LANDLORD MAY NOT RECOVER ATTOR-
 NEYS' FEES UPON A DEFAULT JUDGMENT. Any waiver of this section shall  be
 void as against public policy.
   §  9.    Section 235-e of the real property law, as amended by chapter
 848 of the laws of 1986, is amended to read as follows:
   § 235-e. Duty [of landlord] to provide A written receipt. (a) Upon the
 receipt of THE PAYMENT OF rent for residential premises in the  form  of
 cash,  or  any  instrument other than the personal check of the [tenant]
 LESSEE, it shall be the duty of the [landlord] LESSOR, OR ANY  AGENT  OF
 THE  LESSOR  AUTHORIZED  TO  RECEIVE RENT, to provide the [payor] LESSEE
 with a written receipt containing the following:
   1. The date;
   2. The amount;
   3. The identity of the premises and period for which paid; and
   4. The signature and title of the person receiving the rent.
   (b) [Where a tenant] A LESSEE MAY REQUEST, in writing, [requests] that
 a [landlord] LESSOR provide a receipt for rent paid by personal  check[,
 it  shall  be  the  duty of]. IF SUCH REQUEST IS MADE, the [landlord to]
 LESSOR, OR ANY AGENT OF THE LESSOR AUTHORIZED  TO  RECEIVE  RENT,  SHALL
 provide the [payor] LESSEE with the receipt described in subdivision (a)
 of  this  section  [for each such request made in writing]. SUCH REQUEST
 SHALL, UNLESS OTHERWISE SPECIFIED BY THE LESSEE, REMAIN  IN  EFFECT  FOR
 THE  DURATION  OF  SUCH  LESSEE'S TENANCY.   THE LESSOR SHALL MAINTAIN A
 RECORD OF ALL CASH RECEIPTS FOR RENT FOR AT LEAST THREE YEARS.
   (C) IF A PAYMENT OF RENT IS PERSONALLY TRANSMITTED TO A LESSOR, OR  AN
 AGENT  OF  A  LESSOR  AUTHORIZED  TO  RECEIVE RENT, THE RECEIPT FOR SUCH
 PAYMENT SHALL BE ISSUED IMMEDIATELY TO A LESSEE. IF A PAYMENT OF RENT IS
 TRANSMITTED INDIRECTLY TO A LESSOR, OR AN AGENT OF A  LESSOR  AUTHORIZED
 TO  RECEIVE  RENT,  A  LESSEE  SHALL  BE  PROVIDED WITH A RECEIPT WITHIN
 FIFTEEN DAYS OF SUCH LESSOR OR AGENT'S RECEIPT OF A RENT PAYMENT.
   (D) IF A LESSOR, OR AN AGENT OF A LESSOR AUTHORIZED TO  RECEIVE  RENT,
 FAILS TO RECEIVE PAYMENT FOR RENT WITHIN FIVE DAYS OF THE DATE SPECIFIED
 IN  A  LEASE  AGREEMENT,  SUCH LESSOR OR AGENT SHALL SEND THE LESSEE, BY
 CERTIFIED MAIL, A WRITTEN NOTICE STATING THE  FAILURE  TO  RECEIVE  SUCH
 RENT  PAYMENT.  THE  FAILURE  OF  A  LESSOR,  OR ANY AGENT OF THE LESSOR
 AUTHORIZED TO RECEIVE RENT, TO PROVIDE A LESSEE WITH A WRITTEN NOTICE OF
 THE NON-PAYMENT OF RENT MAY BE USED AS AN AFFIRMATIVE  DEFENSE  BY  SUCH
 LESSEE IN AN EVICTION PROCEEDING BASED ON THE NON-PAYMENT OF RENT.
   §  10.  The real property law is amended by adding a new section 238-a
 to read as follows:
   § 238-A. LIMITATION ON FEES. IN RELATION  TO  A  RESIDENTIAL  DWELLING
 UNIT:

 S. 6458                            47                            A. 8281
 
   1. (A) EXCEPT IN INSTANCES WHERE STATUTES OR REGULATIONS PROVIDE FOR A
 PAYMENT,  FEE  OR CHARGE, NO LANDLORD, LESSOR, SUB-LESSOR OR GRANTOR MAY
 DEMAND ANY PAYMENT, FEE, OR CHARGE FOR THE PROCESSING, REVIEW OR ACCEPT-
 ANCE OF AN APPLICATION, OR DEMAND  ANY  OTHER  PAYMENT,  FEE  OR  CHARGE
 BEFORE  OR AT THE BEGINNING OF THE TENANCY, EXCEPT BACKGROUND CHECKS AND
 CREDIT CHECKS AS PROVIDED BY PARAGRAPH (B) OF THIS SUBDIVISION, PROVIDED
 THAT THIS SUBDIVISION SHALL  NOT  APPLY  TO  ENTRANCE  FEES  CHARGED  BY
 CONTINUING  CARE  RETIREMENT  COMMUNITIES  LICENSED  PURSUANT TO ARTICLE
 FORTY-SIX OR FORTY-SIX-A OF  THE  PUBLIC  HEALTH  LAW,  ASSISTED  LIVING
 PROVIDERS  LICENSED PURSUANT TO ARTICLE FORTY-SIX-B OF THE PUBLIC HEALTH
 LAW, ADULT CARE FACILITIES LICENSED PURSUANT TO  ARTICLE  SEVEN  OF  THE
 SOCIAL  SERVICES LAW, SENIOR RESIDENTIAL COMMUNITIES THAT HAVE SUBMITTED
 AN OFFERING PLAN TO THE ATTORNEY GENERAL, OR NOT-FOR-PROFIT  INDEPENDENT
 RETIREMENT  COMMUNITIES  THAT  OFFER PERSONAL EMERGENCY RESPONSE, HOUSE-
 KEEPING, TRANSPORTATION AND MEALS TO THEIR RESIDENTS.
   (B) A LANDLORD, LESSOR, SUB-LESSOR OR GRANTOR MAY CHARGE A FEE OR FEES
 TO REIMBURSE COSTS ASSOCIATED WITH CONDUCTING  A  BACKGROUND  CHECK  AND
 CREDIT  CHECK, PROVIDED THE CUMULATIVE FEE OR FEES FOR SUCH CHECKS IS NO
 MORE THAN THE ACTUAL COST OF THE BACKGROUND CHECK AND   CREDIT CHECK  OR
 TWENTY  DOLLARS, WHICHEVER IS LESS, AND THE LANDLORD, LESSOR, SUB-LESSOR
 OR GRANTOR SHALL WAIVE THE FEE OR FEES IF THE POTENTIAL TENANT  PROVIDES
 A  COPY  OF A BACKGROUND CHECK OR CREDIT CHECK CONDUCTED WITHIN THE PAST
 THIRTY DAYS. THE LANDLORD, LESSOR, SUB-LESSOR OR GRANTOR MAY NOT COLLECT
 THE FEE OR FEES UNLESS  THE  LANDLORD,  LESSOR,  SUB-LESSOR  OR  GRANTOR
 PROVIDES  THE  POTENTIAL  TENANT  WITH A COPY OF THE BACKGROUND CHECK OR
 CREDIT CHECK AND THE RECEIPT OR INVOICE FROM THE ENTITY  CONDUCTING  THE
 BACKGROUND CHECK OR CREDIT CHECK.
   2.  NO LANDLORD, LESSOR, SUB-LESSOR OR GRANTOR MAY DEMAND ANY PAYMENT,
 FEE, OR CHARGE FOR THE LATE PAYMENT OF RENT UNLESS THE PAYMENT  OF  RENT
 HAS  NOT  BEEN  MADE  WITHIN  FIVE DAYS OF THE DATE IT WAS DUE, AND SUCH
 PAYMENT, FEE, OR CHARGE SHALL NOT EXCEED FIFTY DOLLARS OR  FIVE  PERCENT
 OF THE MONTHLY RENT, WHICHEVER IS LESS.
   3.  ANY  PROVISION  OF  A  LEASE  OR  CONTRACT WAIVING OR LIMITING THE
 PROVISIONS OF THIS SECTION SHALL BE VOID AS AGAINST PUBLIC POLICY.
   § 11. The real property actions and  proceedings  law  is  amended  by
 adding a new section 702 to read as follows:
   §  702.  RENT IN A RESIDENTIAL DWELLING. IN A PROCEEDING RELATING TO A
 RESIDENTIAL DWELLING OR HOUSING ACCOMMODATION,  THE  TERM  "RENT"  SHALL
 MEAN  THE  MONTHLY OR WEEKLY AMOUNT CHARGED IN CONSIDERATION FOR THE USE
 AND OCCUPATION OF A DWELLING PURSUANT TO A WRITTEN OR ORAL RENTAL AGREE-
 MENT.  NO FEES, CHARGES OR PENALTIES OTHER THAN RENT MAY BE SOUGHT IN  A
 SUMMARY   PROCEEDING  PURSUANT  TO  THIS  ARTICLE,  NOTWITHSTANDING  ANY
 LANGUAGE TO THE CONTRARY IN ANY LEASE OR RENTAL AGREEMENT.
   § 12. The opening paragraph and subdivision 2 of section  711  of  the
 real  property  actions  and  proceedings  law, the opening paragraph as
 amended by chapter 739 of the laws of 1982 and subdivision 2 as added by
 chapter 312 of the laws of 1962, are amended to read as follows:
   A tenant shall include an occupant of one or more rooms in  a  rooming
 house  or a resident, not including a transient occupant, of one or more
 rooms in a hotel who has been in possession for thirty consecutive  days
 or  longer[;  he]. NO TENANT OR LAWFUL OCCUPANT OF A DWELLING OR HOUSING
 ACCOMMODATION shall [not] be removed from possession except in a special
 proceeding.  A special proceeding may be maintained under  this  article
 upon the following grounds:
   2.  The  tenant  has defaulted in the payment of rent, pursuant to the
 agreement under which the premises are held, and a WRITTEN demand of the

 S. 6458                            48                            A. 8281
 
 rent has been made[, or] WITH at least [three] FOURTEEN days' notice [in
 writing] requiring, in the alternative, the payment of the rent, or  the
 possession  of  the  premises, has been served upon him as prescribed in
 section  [735.  The  landlord  may  waive his right to proceed upon this
 ground only by an express consent in writing to  permit  the  tenant  to
 continue  in  possession,  which  consent shall be revocable at will, in
 which event the landlord shall be deemed to have  waived  his  right  to
 summary  dispossess for nonpayment of rent accruing during the time said
 consent remains unrevoked] SEVEN HUNDRED THIRTY-FIVE  OF  THIS  ARTICLE.
 Any  person  succeeding  to  the landlord's interest in the premises may
 proceed under this subdivision for rent due his predecessor in  interest
 if  he  has  a right thereto. Where a tenant dies during the term of the
 lease and rent due has not been paid and [no  representative  or  person
 has  taken  possession  of the premises and no administrator or executor
 has been appointed, the proceeding may be commenced after  three  months
 from  the date of death of the tenant by joining the surviving spouse or
 if there is none, then one of the surviving issue or if there  is  none,
 then  any one of the distributees] THE APARTMENT IS OCCUPIED BY A PERSON
 WITH A CLAIM TO POSSESSION, A PROCEEDING MAY  BE  COMMENCED  NAMING  THE
 OCCUPANTS OF THE APARTMENT SEEKING A POSSESSORY JUDGMENT ONLY AS AGAINST
 THE  ESTATE.  ENTRY OF SUCH A JUDGMENT SHALL BE WITHOUT PREJUDICE TO THE
 POSSESSORY CLAIMS OF THE OCCUPANTS, AND ANY WARRANT ISSUED SHALL NOT  BE
 EFFECTIVE AS AGAINST THE OCCUPANTS.
   §  13. Section 731 of the real property actions and proceedings law is
 amended by adding a new subdivision 4 to read as follows:
   4. IN AN ACTION PREMISED ON A TENANT  DEFAULTING  IN  THE  PAYMENT  OF
 RENT,  PAYMENT TO THE LANDLORD OF THE FULL AMOUNT OF RENT DUE, WHEN SUCH
 PAYMENT IS MADE AT ANY TIME PRIOR TO THE HEARING ON THE PETITION,  SHALL
 BE  ACCEPTED  BY  THE LANDLORD AND RENDERS MOOT THE GROUNDS ON WHICH THE
 SPECIAL PROCEEDING WAS COMMENCED.
   § 14. Subdivisions 1, 2, and 3 of section 732  of  the  real  property
 actions  and  proceedings  law,  as  added by chapter 910 of the laws of
 1965, are amended to read as follows:
   1. The notice of petition shall be returnable before  the  clerk,  and
 shall be made returnable within [five] TEN days after its service.
   2.  If the respondent answers, the clerk shall fix a date for trial or
 hearing not less than three nor more than eight days  after  joinder  of
 issue,  and shall immediately notify by mail the parties or their attor-
 neys of such date. If the determination be for the petitioner, the issu-
 ance of a warrant shall not be stayed for more than five days from  such
 determination,  EXCEPT  AS PROVIDED IN SECTION SEVEN HUNDRED FIFTY-THREE
 OF THIS ARTICLE.
   3. If the respondent fails to answer within [five] TEN days  from  the
 date  of service, as shown by the affidavit or certificate of service of
 the notice of petition and petition, the judge shall render judgment  in
 favor  of  the petitioner and may stay the issuance of the warrant for a
 period of not to exceed ten days from the date  of  service,  EXCEPT  AS
 PROVIDED IN SECTION SEVEN HUNDRED FIFTY-THREE OF THIS ARTICLE.
   §  15.  Subdivision  1 of section 733 of the real property actions and
 proceedings law, as amended by chapter 910  of  the  laws  of  1965,  is
 amended to read as follows:
   1.  Except  as  provided  in section [732] SEVEN HUNDRED THIRTY-TWO OF
 THIS ARTICLE, relating to a proceeding  for  non-payment  of  rent,  the
 notice  of petition and petition shall be served at least [five] TEN and
 not more than [twelve] SEVENTEEN days before the time at which the peti-
 tion is noticed to be heard.

 S. 6458                            49                            A. 8281
 
   § 16. Section 743 of the real property actions and proceedings law, as
 amended by chapter 644 of the laws  of  2003,  is  amended  to  read  as
 follows:
   § 743. Answer. Except as provided in section [732] SEVEN HUNDRED THIR-
 TY-TWO  OF  THIS  ARTICLE,  relating  to a proceeding for non-payment of
 rent, at the time when the petition is to be heard  the  respondent,  or
 any  person  in  possession  or claiming possession of the premises, may
 answer, orally or in writing. If the answer is oral the substance there-
 of shall be recorded by the clerk or,  if  a  particular  court  has  no
 clerk,  by  the presiding judge or justice of such court, and maintained
 in the case record. [If the notice of petition was served at least eight
 days before the time at which it was noticed  to  be  heard  and  it  so
 demands,  the  answer  shall be made at least three days before the time
 the petition is noticed to be heard and, if  in  writing,  it  shall  be
 served  within  such  time; whereupon any reply shall be served at least
 one day before such time.] The answer may contain any legal or equitable
 defense, or counterclaim. The court may render affirmative judgment  for
 the amount found due on the counterclaim.
   § 17. Subdivisions 1 and 2 of section 745 of the real property actions
 and  proceedings  law,  as  amended  by chapter 403 of the laws of 1983,
 subdivision 2 as amended by chapter 116 of the laws  of  1997,  subpara-
 graph  (i)  of  paragraph  (b)  as amended by chapter 601 of the laws of
 2007, are amended to read as follows:
   1. Where triable issues of fact are raised, they shall be tried by the
 court unless, at the time the petition is noticed to be heard,  a  party
 demands  a  trial  by jury, in which case trial shall be by jury. At the
 time when issue is joined the court, [in its discretion] at the  request
 of  either  party  [and  upon  proof to its satisfaction by affidavit or
 orally that an adjournment is  necessary  to  enable  the  applicant  to
 procure  his  necessary  witnesses, or by consent of all the parties who
 appear, may] SHALL adjourn the trial of the issue, [but] not [more] LESS
 than [ten] FOURTEEN days, except by consent of all  parties.  A  PARTY'S
 SECOND  OR  SUBSEQUENT  REQUEST  FOR ADJOURNMENT SHALL BE GRANTED IN THE
 COURT'S SOLE DISCRETION.
   2. In the city of New York:
   (a) In a summary proceeding upon the second of two adjournments GRANT-
 ED SOLELY at the request of the respondent,  or,  upon  the  [thirtieth]
 SIXTIETH day after the first appearance of the parties in court less any
 days  that  the  proceeding  has  been adjourned upon the request of the
 petitioner, COUNTING ONLY DAYS ATTRIBUTABLE TO ADJOURNMENT REQUESTS MADE
 SOLELY AT THE REQUEST OF THE RESPONDENT  AND  NOT  COUNTING  AN  INITIAL
 ADJOURNMENT  REQUESTED  BY A RESPONDENT UNREPRESENTED BY COUNSEL FOR THE
 PURPOSE OF SECURING COUNSEL, whichever occurs sooner, the court  [shall]
 MAY,  UPON  CONSIDERATION  OF  THE EQUITIES, direct that the respondent,
 upon [an application] A MOTION ON NOTICE MADE by the petitioner, deposit
 with the court [within five days] sums of  rent  or  use  and  occupancy
 [accrued  from  the  date the petition and notice of petition are served
 upon the respondent, and all sums as they become due for  rent  and  use
 and  occupancy]  THAT SHALL ACCRUE SUBSEQUENT TO THE DATE OF THE COURT'S
 ORDER, which may be established without the use  of  expert  testimony[,
 unless].  THE  COURT SHALL NOT ORDER DEPOSIT OR PAYMENT OF USE AND OCCU-
 PANCY WHERE the respondent can establish[, at an immediate hearing],  to
 the  satisfaction  of  the court that respondent has properly interposed
 one of the following defenses or established the following grounds:
   (i) the petitioner is not a proper party to the proceeding pursuant to
 section seven hundred twenty-one of this article; or

 S. 6458                            50                            A. 8281
 
   (ii) (A) actual eviction, or  (B)  actual  partial  eviction,  or  (C)
 constructive eviction; and respondent has quit the premises; or
   (iii)  a  defense pursuant to section one hundred forty-three-b of the
 social services law; or
   (iv)  A DEFENSE BASED UPON THE EXISTENCE OF HAZARDOUS  OR  IMMEDIATELY
 HAZARDOUS  VIOLATIONS  OF  THE  HOUSING  MAINTENANCE CODE IN THE SUBJECT
 APARTMENT OR COMMON AREAS; OR
   (V) A COLORABLE DEFENSE OF RENT OVERCHARGE; OR
   (VI) A DEFENSE THAT THE UNIT IS IN VIOLATION OF THE BUILDING'S CERTIF-
 ICATE OF OCCUPANCY OR IS OTHERWISE ILLEGAL UNDER THE  MULTIPLE  DWELLING
 LAW OR THE NEW YORK CITY HOUSING MAINTENANCE CODE; OR
   (VII) the court lacks PERSONAL jurisdiction OVER THE RESPONDENT.
   [When  the  rental unit that is the subject of the petition is located
 in a building containing twelve or fewer units, the court shall  inquire
 of  the  respondent  as to whether there is any undisputed amount of the
 rent or use and occupancy due to the  petitioner.  Any  such  undisputed
 amount shall be paid directly to the petitioner, and any disputed amount
 shall  be  deposited  to the court by the respondent as provided in this
 subdivision.]
   Two adjournments shall NOT  include  an  adjournment  requested  by  a
 respondent  unrepresented by counsel for the purpose of securing counsel
 made on a return date of the proceeding. Such rent or use and  occupancy
 sums  shall  be  deposited  with  the clerk of the court or paid to such
 other person or entity, including the petitioner or an agent  designated
 by  the  division  of  housing and community renewal, as the court shall
 direct or shall be expended for such  emergency  repairs  as  the  court
 shall approve.
   (b)  IN  ESTABLISHING  THE  MONTHLY  AMOUNT TO BE DEPOSITED, THE COURT
 SHALL NOT EXCEED THE AMOUNT OF THE REGULATED RENT FOR THE UNIT UNDER ANY
 STATE, LOCAL OR FEDERAL REGULATORY SCHEME, OR THE AMOUNT OF THE TENANT'S
 RENT SHARE UNDER A STATE, LOCAL  OR  FEDERAL  SUBSIDY  PROGRAM,  OR  THE
 AMOUNT OF THE TENANT'S SHARE UNDER AN EXPIRED SUBSIDY, UNLESS THE TENANT
 HAS  ENTERED  INTO  AN  ENFORCEABLE  NEW AGREEMENT TO PAY THE FULL LEASE
 RENT.
   (C) (i) The court shall not require  the  respondent  to  deposit  the
 portion of rent or use and occupancy, if any, which is payable by direct
 government  housing  subsidy,  any  currently  effective  senior citizen
 increase exemption authorized pursuant to sections four  hundred  sixty-
 seven-b  and  four  hundred  sixty-seven-c of the real property tax law,
 direct payment of rent or a two-party check issued by a social  services
 district or the office of temporary and disability assistance, or rental
 assistance that is payable pursuant to court orders issued in litigation
 commenced  in nineteen hundred eighty-seven in a proceeding in which the
 amount of shelter allowance is at issue on behalf of recipients of fami-
 ly assistance. In the event the respondent or other adult member of  the
 respondent's  household  receives  public  assistance  pursuant to title
 three or title ten of article five  of  the  social  services  law,  the
 respondent  shall, when directed by the court to deposit rent and use or
 occupancy, only be required to deposit with the court the amount of  the
 shelter  allowance  portion of the public assistance grant issued by the
 office of temporary and  disability  assistance  or  a  social  services
 district. In the event the respondent receives A FIXED INCOME, INCLUDING
 BUT NOT LIMITED TO, SOCIAL SECURITY INCOME, supplemental security income
 pursuant  to  title sixteen of the federal social security act and title
 six of article five of the social services law, OR PENSION  INCOME,  the
 respondent shall [only] NOT be required to deposit [one-third] MORE THAN

 S. 6458                            51                            A. 8281
 
 THIRTY  PERCENT  of  the  monthly [supplemental security income payment]
 PAYMENTS.
   (ii)  Any sum required to be deposited with the court pursuant to this
 subdivision shall be offset by payment, if any, made by  the  respondent
 pursuant  to  section two hundred thirty-five-a of the real property law
 or section three hundred two-c of the multiple dwelling law.
   [(c) (i) If the respondent shall  fail  to  comply  with  the  court's
 directions  with respect to direct payment to the petitioner or making a
 deposit as directed by the court of the full amount of the rent  or  use
 and occupancy required to be deposited, the court upon an application by
 the petitioner shall dismiss without prejudice the defenses and counter-
 claims  interposed  by  the respondent and grant judgment for petitioner
 unless respondent has interposed the defense of payment and  shows  that
 the  amount  required  to  be  deposited has previously been paid to the
 petitioner.
   (ii)] (D) (I) In the  event  that  the  respondent  [makes  a  deposit
 required  by  this  subdivision  but] fails to deposit with the court or
 pay, as the case may be, upon the due date, all rent or use and occupan-
 cy which may become due [up to the time of the entry of judgment] SUBSE-
 QUENT TO THE ISSUANCE OF THE COURT'S DEPOSIT ORDER, the  court  upon  an
 application  of  the  petitioner [shall] MAY order an immediate trial of
 the issues raised in the respondent's answer. An "immediate trial" shall
 mean that no further adjournments of the proceeding [without  petitioner
 consent] UPON RESPONDENT'S SOLE REQUEST shall be granted, the case shall
 be  assigned  by the administrative judge to a trial ready part and such
 trial shall commence AS SOON AS PRACTICABLE  and  continue  day  to  day
 until  completed.  [There shall be no stay granted of such trial without
 an order to respondent to pay rent or use and occupancy due pursuant  to
 this subdivision and rent or use and occupancy as it becomes due.
   (iii)]  (II)  The  court  [shall not] MAY extend any time provided for
 such deposit under this subdivision [without the consent  of  the  peti-
 tioner] FOR GOOD CAUSE SHOWN.
   [(iv)]  (III)  Upon  the entry of the final judgment in the proceeding
 such deposits shall be credited against any judgment amount awarded and,
 without further order of the court, be paid in accordance with the judg-
 ment.
   [(v) The provisions of this paragraph requiring the deposit of rent or
 use and occupancy as it becomes due shall not be waived by the court.
   (d)] (E) The court may dismiss any summary proceeding  without  preju-
 dice  and  with  costs to the respondent by reason of excessive adjourn-
 ments requested by the petitioner.
   [(e) The provisions of this subdivision shall not be construed  as  to
 deprive  a  respondent  of a trial of any defenses or counterclaims in a
 separate action if such defenses or counterclaims are dismissed  without
 prejudice.]
   (F) UNDER NO CIRCUMSTANCES SHALL THE RESPONDENT'S FAILURE OR INABILITY
 TO  PAY  USE AND OCCUPANCY AS ORDERED BY THE COURT CONSTITUTE A BASIS TO
 DISMISS ANY OF THE RESPONDENT'S DEFENSES OR COUNTERCLAIMS, WITH OR WITH-
 OUT PREJUDICE TO THEIR ASSERTION IN ANOTHER FORUM.
   § 18. Section 747-a of the real property actions and  proceedings  law
 is REPEALED.
   § 19. Section 749 of the real property actions and proceedings law, as
 added  by  chapter  312 of the laws of 1962, subdivision 2 as amended by
 chapter 205 of the laws of 2018 and subdivision 3 as amended by  chapter
 192 of the laws of 1975, is amended to read as follows:

 S. 6458                            52                            A. 8281
 
   § 749. Warrant. 1. Upon rendering a final judgment for petitioner, the
 court  shall issue a warrant directed to the sheriff of the county or to
 any constable or marshal of the city in which the property, or a portion
 thereof, is situated, or, if it is not situated in a city, to any const-
 able  of  any  town  in the county, describing the property, STATING THE
 EARLIEST DATE UPON WHICH EXECUTION MAY OCCUR PURSUANT TO  THE  ORDER  OF
 THE  COURT,  and  commanding  the  officer  to remove all persons[, and,
 except where the case is within section 715, to put the petitioner  into
 full  possession]  NAMED  IN  THE PROCEEDING, PROVIDED UPON A SHOWING OF
 GOOD CAUSE, THE COURT MAY ISSUE A STAY OF RE-LETTING  OR  RENOVATION  OF
 THE PREMISES FOR A REASONABLE PERIOD OF TIME.
   2. (a) The officer to whom the warrant is directed and delivered shall
 give  at least [seventy-two hours] FOURTEEN DAYS' notice, [excluding any
 period which occurs on a Saturday, Sunday or a public holiday,] in writ-
 ing and in the manner prescribed in this article for the  service  of  a
 notice  of  petition,  to the person or persons to be evicted or dispos-
 sessed and shall execute the warrant ON A BUSINESS DAY between the hours
 of sunrise and sunset.
   (b) Such officer shall check such  property  for  the  presence  of  a
 companion  animal  prior  to  executing such warrant and coordinate with
 such person or persons to be evicted or dispossessed to provide for  the
 safe  and  proper  care  of  such  companion  animal or animals. If such
 persons to be evicted or dispossessed cannot be found  after  reasonable
 efforts  are  made to coordinate with such persons, or if such person is
 found and declines to take possession of such animal  or  animals,  such
 officer  shall  promptly  coordinate  with  the duly incorporated humane
 society, duly incorporated society for  the  prevention  of  cruelty  to
 animals  or  pound maintained by or under contract or agreement with the
 municipality in which the animal was found for the safe removal of  such
 companion  animal or animals. Such officer shall make reasonable efforts
 to provide notice to the person or persons to be evicted  regarding  the
 location  of  such  companion  animal  or  animals.  Disposition of such
 companion animal or animals shall be in accordance with  the  provisions
 of  sections one hundred seventeen and three hundred seventy-four of the
 agriculture and markets law, and all other laws, rules  and  regulations
 that govern the humane treatment of animals. "Companion animal," as used
 in  this  paragraph, shall have the same meaning as provided in subdivi-
 sion five of section three hundred fifty of the agriculture and  markets
 law.
   3.  [The  issuing of a warrant for the removal of a tenant cancels the
 agreement under which the person removed held the premises,  and  annuls
 the  relation  of  landlord  and  tenant, but nothing] NOTHING contained
 herein shall deprive the court of the  power  to  STAY  OR  vacate  such
 warrant  for  good  cause  shown  prior  to the execution thereof, OR TO
 RESTORE THE TENANT TO POSSESSION SUBSEQUENT TO EXECUTION OF THE WARRANT.
 IN A JUDGMENT FOR NON-PAYMENT OF RENT, THE COURT SHALL VACATE A  WARRANT
 UPON  TENDER  OR DEPOSIT WITH THE COURT OF THE FULL RENT DUE AT ANY TIME
 PRIOR TO ITS EXECUTION,  UNLESS  THE  PETITIONER  ESTABLISHES  THAT  THE
 TENANT  WITHHELD  THE  RENT  DUE IN BAD FAITH. Petitioner may recover by
 action any sum of money which was payable at the time when  the  special
 proceeding was commenced and the reasonable value of the use and occupa-
 tion  to  the  time  when the warrant was issued, for any period of time
 with respect to which the agreement does  not  make  any  provision  for
 payment of rent.
   §  20.  Subdivision  4 of section 751 of the real property actions and
 proceedings law is REPEALED.

 S. 6458                            53                            A. 8281
 
   § 21. Section 753 of the real property actions and proceedings law, as
 added by chapter 312 of  the  laws  of  1962,  the  section  heading  as
 amended, subdivision 4 as added and subdivision 5 as renumbered by chap-
 ter  870 of the laws of 1982 and subdivision 1 as amended by chapter 305
 of the laws of 1963, is amended to read as follows:
   §  753. Stay [where tenant holds over] in premises occupied for dwell-
 ing purposes [in city of New York]. 1. In a proceeding  to  recover  the
 possession  of  premises [in the city of New York] occupied for dwelling
 purposes, other than a room or rooms in  an  hotel,  lodging  house,  or
 rooming  house,  [upon  the ground that the occupant is holding over and
 continuing in possession of the premises after  the  expiration  of  his
 term  and  without the permission of the landlord, or, in a case where a
 new lessee is entitled to possession, without the permission of the  new
 lessee,]  the  court, on application of the occupant, may stay the issu-
 ance of a warrant and also stay any execution to collect  the  costs  of
 the  proceeding  for a period of not more than [six months] ONE YEAR, if
 it appears that the premises are used for dwelling  purposes;  that  the
 application  is made in good faith; that the applicant cannot within the
 neighborhood secure suitable premises similar to those occupied by [him]
 THE APPLICANT and that  [he]  THE  APPLICANT  made  due  and  reasonable
 efforts  to secure such other premises, or that by reason of other facts
 it would occasion extreme hardship to [him or his] THE APPLICANT OR  THE
 APPLICANT'S  family if the stay were not granted. IN DETERMINING WHETHER
 REFUSAL TO GRANT A STAY WOULD OCCASION EXTREME HARDSHIP, THE COURT SHALL
 CONSIDER SERIOUS ILL HEALTH,  SIGNIFICANT  EXACERBATION  OF  AN  ONGOING
 CONDITION,  A CHILD'S ENROLLMENT IN A LOCAL SCHOOL, AND ANY OTHER EXTEN-
 UATING LIFE CIRCUMSTANCES AFFECTING THE ABILITY OF THE APPLICANT OR  THE
 APPLICANT'S  FAMILY TO RELOCATE AND MAINTAIN QUALITY OF LIFE.  THE COURT
 SHALL CONSIDER ANY SUBSTANTIAL HARDSHIP THE STAY MAY IMPOSE ON THE LAND-
 LORD IN DETERMINING WHETHER TO GRANT THE STAY OR IN SETTING  THE  LENGTH
 OR OTHER TERMS OF THE STAY.  IN AN APPLICATION BROUGHT OUTSIDE A CITY OF
 ONE  MILLION OR MORE, THE TERM "NEIGHBORHOOD" SHALL BE CONSTRUED TO MEAN
 (I) THE SAME TOWN, VILLAGE OR CITY WHERE THE APPLICANT NOW  RESIDES,  OR
 (II) IF THE APPLICANT HAS SCHOOL AGED CHILDREN RESIDING WITH HIM OR HER,
 "NEIGHBORHOOD" SHALL MEAN THE SCHOOL DISTRICT WHERE SUCH CHILDREN ATTEND
 OR ARE ELIGIBLE TO ATTEND.
   2.  Such  stay  shall  be granted and continue effective only upon the
 condition that the person against whom the  judgment  is  entered  shall
 make a deposit in court of the entire amount, or such installments ther-
 eof from time to time as the court may direct, for the occupation of the
 premises  for  the  period  of  the stay, at the rate for which [he] THE
 APPLICANT was liable as rent for the  month  immediately  prior  to  the
 expiration of [his] THE APPLICANT'S term or [tenency] TENANCY, plus such
 additional  amount, if any, as the court may determine to be the differ-
 ence between such rent and the reasonable rent or value of the  use  and
 occupation  of  the  premises; such deposit [shall] MAY also include all
 rent unpaid by the occupant prior to the period of the stay. The  amount
 of  such  deposit  shall be determined by the court upon the application
 for the stay and such determination shall be  final  and  conclusive  in
 respect  to  the amount of such deposit, and the amount thereof shall be
 paid into court, in such manner and in such installments, if any, as the
 court may direct. A separate account shall be kept of the amount to  the
 credit of each proceeding, and all such payments shall be deposited in a
 bank  or trust company and shall be subject to the check of the clerk of
 the court, if there be one, or otherwise of the court. The clerk of  the
 court,  if  there be one, and otherwise the court shall pay to the land-

 S. 6458                            54                            A. 8281
 
 lord or [his] THE LANDLORD'S duly authorized agent, the amount  of  such
 deposit in accordance with the terms of the stay or the further order of
 the court.
   3.  The  provisions  of  this  section shall not apply to a proceeding
 [where the petitioner shows to the satisfaction of  the  court  that  he
 desires  in good faith to recover the premises for the purpose of demol-
 ishing same with the intention of constructing a new building, plans for
 which new building shall have been duly filed and approved by the proper
 authority; nor shall it apply to a  proceeding]  to  recover  possession
 upon the ground that an occupant is holding over and is objectionable if
 the  landlord  shall establish BY COMPETENT EVIDENCE to the satisfaction
 of the court that such occupant is objectionable.
   4. In the event that such proceeding is based upon a  claim  that  the
 tenant  or lessee has breached a provision of the lease, the court shall
 grant a [ten] THIRTY day stay of issuance of the warrant,  during  which
 time the respondent may correct such breach.
   5.  Any  provision  of  a lease or other agreement whereby a lessee or
 tenant waives any provision of this  section  shall  be  deemed  against
 public policy and void.
   § 22. Section 756 of the real property actions and proceedings law, as
 added by chapter 913 of the laws of 1965, is amended to read as follows:
   §  756.  Stay of summary proceedings or actions for rent under certain
 conditions.  In the event that utilities are discontinued in any part of
 a [multiple] dwelling because of the failure of the  landlord  or  other
 person  having  control of said [multiple] dwelling to pay for utilities
 for which he may have contracted, any proceeding to dispossess a  tenant
 from  said building or an action against any tenant of said building for
 rent shall be stayed until such time as the landlord  or  person  having
 control of said [multiple] dwelling pays the amount owing for said util-
 ities  and  until  such  time  as  the utilities are restored to working
 order.
   § 23. The real property actions and  proceedings  law  is  amended  by
 adding a new section 757 to read as follows:
   §  757.  EVICTION  AS  THE  RESULT OF FORECLOSURE. IN THE EVENT THAT A
 LESSEE IS REMOVED FROM REAL PROPERTY PURSUANT TO THIS ARTICLE,  AND  THE
 LEASED  REAL PROPERTY WAS THE SUBJECT OF A FORECLOSURE PROCEEDING PURSU-
 ANT TO THIS CHAPTER OR THE SUBJECT OF A TAX FORECLOSURE PROCEEDING,  THE
 COURT  RECORDS RELATING TO ANY SUCH LESSEE SHALL BE SEALED AND BE DEEMED
 CONFIDENTIAL. NO DISCLOSURE OR USE OF SUCH INFORMATION RELATING  TO  ANY
 SUCH  LESSEE  SHALL BE AUTHORIZED, AND THE USE OF SUCH INFORMATION SHALL
 BE PROHIBITED.
   § 24. The real property actions and  proceedings  law  is  amended  by
 adding a new section 768 to read as follows:
   §  768.  UNLAWFUL EVICTION. 1. (A) IT SHALL BE UNLAWFUL FOR ANY PERSON
 TO EVICT OR ATTEMPT TO EVICT AN OCCUPANT OF  A  DWELLING  UNIT  WHO  HAS
 LAWFULLY OCCUPIED THE DWELLING UNIT FOR THIRTY CONSECUTIVE DAYS OR LONG-
 ER  OR WHO HAS ENTERED INTO A LEASE WITH RESPECT TO SUCH DWELLING EXCEPT
 TO THE EXTENT PERMITTED BY LAW PURSUANT TO  A  WARRANT  OF  EVICTION  OR
 OTHER  ORDER  OF  A  COURT  OF  COMPETENT JURISDICTION OR A GOVERNMENTAL
 VACATE ORDER BY:
   (I) USING OR THREATENING THE USE OF FORCE TO INDUCE  THE  OCCUPANT  TO
 VACATE THE DWELLING UNIT; OR
   (II)  ENGAGING  IN  A  COURSE  OF  CONDUCT WHICH INTERFERES WITH OR IS
 INTENDED TO INTERFERE WITH OR DISTURB  THE  COMFORT,  REPOSE,  PEACE  OR
 QUIET  OF SUCH OCCUPANT IN THE USE OR OCCUPANCY OF THE DWELLING UNIT, TO

 S. 6458                            55                            A. 8281

 INDUCE THE OCCUPANT TO VACATE  THE  DWELLING  UNIT  INCLUDING,  BUT  NOT
 LIMITED TO, THE INTERRUPTION OR DISCONTINUANCE OF ESSENTIAL SERVICES; OR
   (III)  ENGAGING  OR  THREATENING  TO ENGAGE IN ANY OTHER CONDUCT WHICH
 PREVENTS OR IS INTENDED TO PREVENT SUCH OCCUPANT FROM THE  LAWFUL  OCCU-
 PANCY  OF  SUCH  DWELLING  UNIT  OR TO INDUCE THE OCCUPANT TO VACATE THE
 DWELLING UNIT INCLUDING, BUT NOT LIMITED  TO,  REMOVING  THE  OCCUPANT'S
 POSSESSIONS FROM THE DWELLING UNIT, REMOVING THE DOOR AT THE ENTRANCE TO
 THE DWELLING UNIT; REMOVING, PLUGGING OR OTHERWISE RENDERING THE LOCK ON
 SUCH  ENTRANCE  DOOR  INOPERABLE,  OR CHANGING THE LOCK ON SUCH ENTRANCE
 DOOR WITHOUT SUPPLYING THE OCCUPANT WITH A KEY.
   (B) IT SHALL BE UNLAWFUL FOR AN OWNER OF A DWELLING UNIT  TO  FAIL  TO
 TAKE  ALL  REASONABLE  AND  NECESSARY  ACTION TO RESTORE TO OCCUPANCY AN
 OCCUPANT OF A DWELLING UNIT WHO EITHER VACATES, HAS BEEN REMOVED FROM OR
 IS OTHERWISE PREVENTED FROM OCCUPYING A DWELLING UNIT AS THE  RESULT  OF
 ANY  OF THE ACTS OR OMISSIONS PRESCRIBED IN PARAGRAPH (A) OF THIS SUBDI-
 VISION AND TO PROVIDE TO SUCH  OCCUPANT  A  DWELLING  UNIT  WITHIN  SUCH
 DWELLING  SUITABLE FOR OCCUPANCY, AFTER BEING REQUESTED TO DO SO BY SUCH
 OCCUPANT OR THE REPRESENTATIVE OF SUCH OCCUPANT, IF  SUCH  OWNER  EITHER
 COMMITTED  SUCH UNLAWFUL ACTS OR OMISSIONS OR KNEW OR HAD REASON TO KNOW
 OF SUCH UNLAWFUL ACTS  OR  OMISSIONS,  OR  IF  SUCH  ACTS  OR  OMISSIONS
 OCCURRED WITHIN SEVEN DAYS PRIOR TO SUCH REQUEST.
   2.  CRIMINAL  AND  CIVIL  PENALTIES.  (A) ANY PERSON WHO INTENTIONALLY
 VIOLATES OR ASSISTS IN THE VIOLATION OF ANY OF THE  PROVISIONS  OF  THIS
 SECTION  SHALL  BE  GUILTY OF A CLASS A MISDEMEANOR. EACH SUCH VIOLATION
 SHALL BE A SEPARATE AND DISTINCT OFFENSE.
   (B) SUCH PERSON SHALL ALSO BE SUBJECT TO A CIVIL PENALTY OF  NOT  LESS
 THAN ONE THOUSAND NOR MORE THAN TEN THOUSAND DOLLARS FOR EACH VIOLATION.
 EACH  SUCH  VIOLATION  SHALL  BE A SEPARATE AND DISTINCT OFFENSE. IN THE
 CASE OF A FAILURE TO TAKE ALL REASONABLE AND NECESSARY ACTION TO RESTORE
 AN OCCUPANT PURSUANT  TO  PARAGRAPH  (B)  OF  SUBDIVISION  ONE  OF  THIS
 SECTION,  SUCH PERSON SHALL BE SUBJECT TO AN ADDITIONAL CIVIL PENALTY OF
 NOT MORE THAN ONE HUNDRED DOLLARS PER DAY FROM THE DATE ON WHICH  RESTO-
 RATION  TO  OCCUPANCY  IS  REQUESTED UNTIL THE DATE ON WHICH RESTORATION
 OCCURS, PROVIDED, HOWEVER, THAT SUCH PERIOD SHALL NOT EXCEED SIX MONTHS.
   § 25. The section heading and subdivision 1 of section  7-108  of  the
 general  obligations  law,  as added by chapter 917 of the laws of 1984,
 are amended and a new subdivision 1-a is added to read as follows:
   [Liability of a grantee or assignee for  deposits]  DEPOSITS  made  by
 tenants [upon conveyance] of non-rent stabilized dwelling units. 1. This
 section shall apply to all dwelling units [with written leases] in resi-
 dential  premises  [containing  six  or  more  dwelling units and to all
 dwelling units subject to the city rent and rehabilitation  law  or  the
 emergency  housing  rent  control  law],  unless  such  dwelling unit is
 specifically referred to in section 7-107 of this [chapter] TITLE.
   1-A. EXCEPT IN DWELLING UNITS SUBJECT TO THE CITY RENT  AND  REHABILI-
 TATION  LAW  OR  THE EMERGENCY HOUSING RENT CONTROL LAW, CONTINUING CARE
 RETIREMENT COMMUNITIES LICENSED PURSUANT TO ARTICLE FORTY-SIX OR  FORTY-
 SIX-A  OF  THE  PUBLIC  HEALTH  LAW,  ASSISTED LIVING PROVIDERS LICENSED
 PURSUANT TO ARTICLE FORTY-SIX-B OF THE PUBLIC   HEALTH LAW,  ADULT  CARE
 FACILITIES  LICENSED  PURSUANT  TO  ARTICLE SEVEN OF THE SOCIAL SERVICES
 LAW, SENIOR RESIDENTIAL COMMUNITIES THAT HAVE SUBMITTED AN OFFERING PLAN
 TO THE ATTORNEY GENERAL, OR NOT-FOR-PROFIT INDEPENDENT RETIREMENT COMMU-
 NITIES THAT OFFER PERSONAL EMERGENCY RESPONSE, HOUSEKEEPING, TRANSPORTA-
 TION AND MEALS TO THEIR RESIDENTS:
   (A) NO DEPOSIT OR ADVANCE SHALL EXCEED THE AMOUNT OF ONE MONTH'S  RENT
 UNDER SUCH CONTRACT.

 S. 6458                            56                            A. 8281
 
   (B) THE ENTIRE AMOUNT OF THE DEPOSIT OR ADVANCE SHALL BE REFUNDABLE TO
 THE  TENANT  UPON  THE  TENANT'S  VACATING OF THE PREMISES EXCEPT FOR AN
 AMOUNT LAWFULLY RETAINED FOR THE REASONABLE AND ITEMIZED  COSTS  DUE  TO
 NON-PAYMENT  OF RENT, DAMAGE CAUSED BY THE TENANT BEYOND NORMAL WEAR AND
 TEAR,  NON-PAYMENT  OF  UTILITY CHARGES PAYABLE DIRECTLY TO THE LANDLORD
 UNDER THE TERMS OF THE LEASE OR TENANCY, AND MOVING AND STORAGE  OF  THE
 TENANT'S  BELONGINGS.  THE  LANDLORD  MAY  NOT  RETAIN ANY AMOUNT OF THE
 DEPOSIT FOR COSTS RELATING TO ORDINARY WEAR AND  TEAR  OF  OCCUPANCY  OR
 DAMAGE CAUSED BY A PRIOR TENANT.
   (C)  AFTER INITIAL LEASE SIGNING BUT BEFORE THE TENANT BEGINS OCCUPAN-
 CY, THE LANDLORD SHALL OFFER THE TENANT THE OPPORTUNITY TO  INSPECT  THE
 PREMISES  WITH  THE  LANDLORD  OR  THE LANDLORD'S AGENT TO DETERMINE THE
 CONDITION OF THE PROPERTY. IF THE TENANT REQUESTS SUCH  INSPECTION,  THE
 PARTIES SHALL EXECUTE A WRITTEN AGREEMENT BEFORE THE TENANT BEGINS OCCU-
 PANCY OF THE UNIT ATTESTING TO THE CONDITION OF THE PROPERTY AND SPECIF-
 ICALLY  NOTING ANY EXISTING DEFECTS OR DAMAGES. UPON THE TENANT'S VACAT-
 ING OF THE PREMISES, THE LANDLORD MAY  NOT  RETAIN  ANY  AMOUNT  OF  THE
 DEPOSIT OR ADVANCE DUE TO ANY CONDITION, DEFECT, OR DAMAGE NOTED IN SUCH
 AGREEMENT.  THE  AGREEMENT SHALL BE ADMISSIBLE AS EVIDENCE OF THE CONDI-
 TION OF THE PREMISES AT THE BEGINNING OF OCCUPANCY ONLY  IN  PROCEEDINGS
 RELATED TO THE RETURN OR AMOUNT OF THE SECURITY DEPOSIT.
   (D)  WITHIN  A  REASONABLE  TIME  AFTER NOTIFICATION OF EITHER PARTY'S
 INTENTION TO TERMINATE THE TENANCY, UNLESS  THE  TENANT  TERMINATES  THE
 TENANCY  WITH LESS THAN TWO WEEKS' NOTICE, THE LANDLORD SHALL NOTIFY THE
 TENANT IN WRITING OF THE TENANT'S RIGHT TO REQUEST AN INSPECTION  BEFORE
 VACATING  THE  PREMISES  AND  OF THE TENANT'S RIGHT TO BE PRESENT AT THE
 INSPECTION. IF THE TENANT REQUESTS SUCH AN  INSPECTION,  THE  INSPECTION
 SHALL  BE  MADE  NO  EARLIER  THAN  TWO WEEKS AND NO LATER THAN ONE WEEK
 BEFORE THE END OF THE TENANCY.  THE  LANDLORD  SHALL  PROVIDE  AT  LEAST
 FORTY-EIGHT HOURS WRITTEN NOTICE OF THE DATE AND TIME OF THE INSPECTION.
 AFTER  THE  INSPECTION,  THE  LANDLORD  SHALL PROVIDE THE TENANT WITH AN
 ITEMIZED STATEMENT SPECIFYING REPAIRS OR CLEANING THAT ARE  PROPOSED  TO
 BE  THE  BASIS  OF  ANY DEDUCTIONS FROM THE TENANT'S DEPOSIT. THE TENANT
 SHALL HAVE THE OPPORTUNITY TO CURE ANY SUCH CONDITION BEFORE THE END  OF
 THE  TENANCY.    ANY STATEMENT PRODUCED PURSUANT TO THIS PARAGRAPH SHALL
 ONLY BE ADMISSIBLE IN PROCEEDINGS RELATED TO THE RETURN OR AMOUNT OF THE
 SECURITY DEPOSIT.
   (E) WITHIN FOURTEEN DAYS AFTER THE TENANT HAS  VACATED  THE  PREMISES,
 THE  LANDLORD  SHALL PROVIDE THE TENANT WITH AN ITEMIZED STATEMENT INDI-
 CATING THE BASIS FOR THE AMOUNT OF THE DEPOSIT  RETAINED,  IF  ANY,  AND
 SHALL  RETURN  ANY  REMAINING PORTION OF THE DEPOSIT TO THE TENANT. IF A
 LANDLORD FAILS TO PROVIDE THE TENANT  WITH  THE  STATEMENT  AND  DEPOSIT
 WITHIN FOURTEEN DAYS, THE LANDLORD SHALL FORFEIT ANY RIGHT TO RETAIN ANY
 PORTION OF THE DEPOSIT.
   (F)  IN ANY ACTION OR PROCEEDING DISPUTING THE AMOUNT OF ANY AMOUNT OF
 THE DEPOSIT RETAINED, THE LANDLORD SHALL BEAR THE BURDEN OF PROOF AS  TO
 THE REASONABLENESS OF THE AMOUNT RETAINED.
   (G)  ANY  PERSON WHO VIOLATES THE PROVISIONS OF THIS SUBDIVISION SHALL
 BE LIABLE FOR ACTUAL DAMAGES, PROVIDED A PERSON FOUND TO HAVE  WILLFULLY
 VIOLATED  THIS SUBDIVISION SHALL BE LIABLE FOR PUNITIVE DAMAGES OF UP TO
 TWICE THE AMOUNT OF THE DEPOSIT OR ADVANCE.
   § 26. Subdivision 1 of section 212 of the judiciary law is amended  by
 adding a new paragraph (x) to read as follows:
   (X)  NOT  PERMIT  THE  UNIFIED COURT SYSTEM TO SELL ANY DATA REGARDING
 JUDICIAL PROCEEDINGS RELATED TO RESIDENTIAL TENANCY, RENT OR EVICTION TO
 ANY THIRD PARTY. SUCH PROHIBITION INCLUDES  DATA  COLLECTED,  STORED  OR

 S. 6458                            57                            A. 8281

 UTILIZED  BY ANY THIRD-PARTY VENDORS WHO HAVE CONTRACTS WITH THE UNIFIED
 COURT SYSTEM.
   §  27.  1.  (a)  There  is hereby created a temporary commission to be
 known as the "New York state temporary commission  on  housing  security
 and tenant protection," which shall be charged with studying the impacts
 of  the  statewide housing security and tenant protection act of 2019 on
 tenants, landlords, and the court system, and recommending the implemen-
 tation of legislation, regulations and rules to further  improve  tenant
 protections in New York.
   (b)  The commission shall consist of ten members: (i) the commissioner
 of housing and community renewal shall  serve  ex  officio;  (ii)  three
 members  shall  be  appointed  by  the governor, one of whom shall be an
 attorney with significant housing court experience employed  by  a  not-
 for-profit legal services firm, one of whom shall be a landlord, and one
 of  whom shall be a retired judge or justice of the unified court system
 with significant experience in housing court; (iii) two members shall be
 appointed by the temporary president of  the  senate;  (iv)  one  member
 shall be appointed by the minority leader of the senate; (v) two members
 shall  be  appointed by the speaker of the assembly; and (vi) one member
 shall be appointed by the minority leader of the assembly.  The  commis-
 sioner  of housing and community renewal shall serve as the chair of the
 commission. Vacancies in the commission shall  be  filled  in  the  same
 manner as the members whose vacancy is being filled was appointed.
   (c)  The  members  of the commission shall receive no compensation for
 their services as members, but shall be allowed their actual and  neces-
 sary  expenses incurred in the performance of their duties. No member of
 the commission shall be  disqualified  from  holding  any  other  public
 office  or  employment,  nor  shall he or she forfeit any such office or
 employment by reason of his or her appointment pursuant to this section,
 notwithstanding the provisions of any general,  special  or  local  law,
 regulation, ordinance or city charter.
   2. To the maximum extent feasible, the commission shall be entitled to
 request  and receive and shall utilize and be provided with such facili-
 ties, resources and data of any  department,  division,  board,  bureau,
 committee,  agency  or  public  authority  of the state or any political
 subdivision thereof as it may reasonably request to properly  carry  out
 its powers and duties pursuant to this act.
   3.  On  or  before December 31, 2022, the commission shall transmit to
 the governor, the legislature, and the chief administrator of the courts
 a report containing its findings and recommendations.  The  commissioner
 of  housing  and community renewal shall post the report on its website.
 Upon the making of its report, the commission shall be deemed dissolved.
   § 28. Severability. If any provision of this act, or  any  application
 of  any  provision  of  this  act, is held to be invalid, that shall not
 affect the validity or effectiveness of any other provision of this act,
 or of any other application of any provision of this act, which  can  be
 given effect without that provision or application; and to that end, the
 provisions and applications of this act are severable.
   §  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,

 S. 6458                            58                            A. 8281
 
 further, section five of this act shall take effect on the thirtieth day
 after this act shall have become a law.
 
                                  PART N
 
   Section  1.  Section 352-eeee of the general business law, as added by
 chapter 555 of the laws of 1982, subdivision 3 as amended by chapter 685
 of the laws of 1988, is amended to read as follows:
   § 352-eeee. Conversions to cooperative or condominium ownership in the
 city of New York. 1. As used in this section, the  following  words  and
 terms shall have the following meanings:
   (a)  "Plan".  Every  offering statement or prospectus submitted to the
 department of law pursuant to section three hundred fifty-two-e of  this
 article for the conversion of a building or group of buildings or devel-
 opment  from  residential  rental  status  to cooperative or condominium
 ownership or other form of cooperative interest in realty, other than an
 offering statement or prospectus for such conversion pursuant to article
 two, eight or eleven of the private housing finance law.
   (b) "Non-eviction plan". A plan which may not  be  declared  effective
 until  written  purchase agreements have been executed and delivered for
 at least [fifteen] FIFTY-ONE percent of all dwelling units in the build-
 ing or group of buildings or development by bona fide tenants [in  occu-
 pancy  or  bona fide purchasers who represent that they intend that they
 or one or more members of their immediate family intend  to  occupy  the
 unit when it becomes vacant. As to tenants] who were in occupancy on the
 date  a letter was issued by the attorney general accepting the plan for
 filing[, the]. THE purchase agreement shall be  executed  and  delivered
 pursuant to an offering made in good faith without fraud and discrimina-
 tory repurchase agreements or other discriminatory inducements.
   (c)  "Eviction  plan".  A plan which, SUBMITTED PRIOR TO THE EFFECTIVE
 DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND  NINETEEN  THAT  AMENDED
 THIS  SECTION, pursuant to the provisions of this section, can result in
 the eviction of a non-purchasing tenant by reason of the tenant  failing
 to  purchase  pursuant  thereto, and which may not be declared effective
 until at least fifty-one percent of the bona fide tenants  in  occupancy
 of  all dwelling units in the building or group of buildings or develop-
 ment on the date the offering statement or prospectus was  accepted  for
 filing by the attorney general (excluding, for the purposes of determin-
 ing  the number of bona fide tenants in occupancy on such date, eligible
 senior citizens and eligible disabled persons) shall have  executed  and
 delivered  written  agreements to purchase under the plan pursuant to an
 offering made in good faith without fraud  and  with  no  discriminatory
 repurchase agreements or other discriminatory inducements.
   (d) "Purchaser under the plan". A person who owns the shares allocated
 to a dwelling unit or who owns such dwelling unit itself.
   (e)  "Non-purchasing tenant". A person who has not purchased under the
 plan and who is a tenant entitled to possession at the time the plan  is
 declared  effective or a person to whom a dwelling unit is rented subse-
 quent to the effective date.  A person who sublets a dwelling unit  from
 a purchaser under the plan shall not be deemed a non-purchasing tenant.
   (f)  "Eligible senior citizens". Non-purchasing tenants who are sixty-
 two years of age or older on THE DATE  THE  PLAN  IS  SUBMITTED  TO  THE
 DEPARTMENT  OF  LAW OR ON the date the attorney general has accepted the
 plan for filing, and the spouses of any such tenants on such  date,  and
 who have elected, within sixty days of THE DATE THE PLAN IS SUBMITTED TO
 THE  DEPARTMENT  OF LAW OR ON the date the attorney general has accepted

 S. 6458                            59                            A. 8281
 
 the plan for filing, on forms promulgated by the  attorney  general  and
 presented  to  such  tenants  by  the  offeror, to become non-purchasing
 tenants under  the  provisions  of  this  section;  provided  that  such
 election shall not preclude any such tenant from subsequently purchasing
 the dwelling unit on the terms then offered to tenants in occupancy.
   (g)  "Eligible  disabled  persons". Non-purchasing tenants who have 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 on THE DATE THE PLAN IS SUBMITTED TO THE DEPARTMENT OF LAW OR
 ON the date the attorney general has accepted the plan for  filing,  and
 the  spouses  of  any  such  tenants on such date, and who have elected,
 within sixty days of THE DATE THE PLAN IS SUBMITTED TO THE DEPARTMENT OF
 LAW OR ON the date the  attorney  general  has  accepted  the  plan  for
 filing,  on  forms  promulgated by the attorney general and presented to
 such tenants by the offeror, to become non-purchasing tenants under  the
 provisions  of  this  section; provided, however, that if the disability
 first occurs after acceptance of the plan for filing, then such election
 may be made within sixty days following the  onset  of  such  disability
 unless  during the period subsequent to sixty days following the accept-
 ance of the plan for filing but prior  to  such  election,  the  offeror
 accepts  a  written agreement to purchase the apartment from a bona fide
 purchaser; and provided further that such election  shall  not  preclude
 any  such  tenant  from subsequently purchasing the dwelling unit or the
 shares allocated thereto on the terms then offered to tenants  in  occu-
 pancy.
   2.  The  attorney  general shall refuse to issue a letter stating that
 the offering statement or prospectus  required  in  subdivision  one  of
 section  three  hundred  fifty-two-e  of this [chapter] ARTICLE has been
 filed whenever it appears that  the  offering  statement  or  prospectus
 offers  for sale residential cooperative apartments or condominium units
 pursuant to a plan unless:
   (a) The plan provides that it will be deemed abandoned, void and of no
 effect if it does not become effective within fifteen  months  from  the
 date  of  issue  of  the letter of the attorney general stating that the
 offering statement or prospectus has been accepted for  filing  and,  in
 the  event  of  such abandonment, no new plan for the conversion of such
 building or group of buildings or development shall be submitted to  the
 attorney general for at least twelve months after such abandonment.
   (b) The plan provides either that it is an eviction plan or that it is
 a non-eviction plan.
   (c) The plan provides, if it is a non-eviction plan, as follows:
   (i)  The  plan  may  not  be declared effective until written purchase
 agreements have been executed  and  delivered  for  at  least  [fifteen]
 FIFTY-ONE  percent  of  all  dwelling  units in the building or group of
 buildings or development subscribed for by bona fide tenants in occupan-
 cy [or bona fide purchasers who represent that they intend that they  or
 one  or  more members of their immediate family occupy the dwelling unit
 when it becomes vacant. As to tenants who were in occupancy] on the date
 a letter was issued by the  attorney  general  accepting  the  plan  for
 filing[,  the] FOR WHICH purchase agreement shall be executed and deliv-
 ered pursuant to an  offering  made  without  discriminatory  repurchase
 agreements or other discriminatory inducements.

 S. 6458                            60                            A. 8281
 
   (ii)  No  eviction  proceedings  will be commenced at any time against
 non-purchasing tenants for failure  to  purchase  or  any  other  reason
 applicable  to expiration of tenancy; provided that such proceedings may
 be commenced for non-payment of rent, illegal use or  occupancy  of  the
 premises,  refusal of reasonable access to the owner or a similar breach
 by the non-purchasing tenant of his obligations  to  the  owner  of  the
 dwelling unit or the shares allocated thereto; and provided further that
 an  owner  of a unit or of the shares allocated thereto may not commence
 an action to recover possession of a dwelling unit from a non-purchasing
 tenant on the grounds that he seeks the dwelling unit for  the  use  and
 occupancy of himself or his family.
   (iii) NO EVICTION PROCEEDINGS WILL BE COMMENCED, EXCEPT AS HEREINAFTER
 PROVIDED,  AT ANY TIME AGAINST EITHER ELIGIBLE SENIOR CITIZENS OR ELIGI-
 BLE DISABLED PERSONS. THE RENTALS OF ELIGIBLE SENIOR CITIZENS AND ELIGI-
 BLE DISABLED PERSONS WHO RESIDE IN DWELLING UNITS NOT SUBJECT TO GOVERN-
 MENT REGULATION AS TO  RENTALS  AND  CONTINUED  OCCUPANCY  AND  ELIGIBLE
 SENIOR  CITIZENS  AND  ELIGIBLE  DISABLED PERSONS WHO RESIDE IN DWELLING
 UNITS WITH RESPECT TO WHICH GOVERNMENT  REGULATION  AS  TO  RENTALS  AND
 CONTINUED OCCUPANCY IS ELIMINATED OR BECOMES INAPPLICABLE AFTER THE PLAN
 HAS  BEEN  ACCEPTED  FOR  FILING  SHALL NOT BE SUBJECT TO UNCONSCIONABLE
 INCREASES BEYOND ORDINARY RENTALS FOR COMPARABLE APARTMENTS  DURING  THE
 PERIOD  OF  THEIR  OCCUPANCY  CONSIDERING, IN DETERMINING COMPARABILITY,
 SUCH FACTORS AS BUILDING SERVICES, LEVEL OF  MAINTENANCE  AND  OPERATING
 EXPENSES;  PROVIDED  THAT SUCH PROCEEDINGS MAY BE COMMENCED AGAINST SUCH
 TENANTS FOR NON-PAYMENT OF RENT, ILLEGAL USE OR OCCUPANCY OF  THE  PREM-
 ISES,  REFUSAL  OF REASONABLE ACCESS TO THE OWNER OR A SIMILAR BREACH BY
 THE TENANT OF HIS OBLIGATIONS TO THE OWNER OF THE DWELLING UNIT  OR  THE
 SHARES ALLOCATED THERETO.
   (IV) ELIGIBLE SENIOR CITIZENS AND ELIGIBLE DISABLED PERSONS WHO RESIDE
 IN  DWELLING  UNITS  SUBJECT  TO GOVERNMENT REGULATION AS TO RENTALS AND
 CONTINUED OCCUPANCY SHALL CONTINUE TO BE SUBJECT THERETO.
   (V) THE RIGHTS GRANTED UNDER THE PLAN TO ELIGIBLE SENIOR CITIZENS  AND
 ELIGIBLE  DISABLED PERSONS MAY NOT BE ABROGATED OR REDUCED NOTWITHSTAND-
 ING ANY EXPIRATION OF, OR AMENDMENT TO, THIS SECTION.
   (VI) ANY OFFEROR WHO DISPUTES THE ELECTION BY A PERSON TO BE AN ELIGI-
 BLE SENIOR CITIZEN OR AN ELIGIBLE DISABLED  PERSON  MUST  APPLY  TO  THE
 ATTORNEY GENERAL WITHIN THIRTY DAYS OF THE RECEIPT OF THE ELECTION FORMS
 FOR  A  DETERMINATION BY THE ATTORNEY GENERAL OF SUCH PERSON'S ELIGIBIL-
 ITY. THE ATTORNEY GENERAL SHALL, WITHIN THIRTY  DAYS  THEREAFTER,  ISSUE
 HIS DETERMINATION OF ELIGIBILITY. THE FOREGOING SHALL, IN THE ABSENCE OF
 FRAUD,  BE  THE  SOLE  METHOD  FOR DETERMINING A DISPUTE AS TO WHETHER A
 PERSON IS AN ELIGIBLE SENIOR CITIZEN OR AN ELIGIBLE DISABLED PERSON. THE
 DETERMINATION OF THE ATTORNEY GENERAL SHALL BE REVIEWABLE ONLY THROUGH A
 PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE  CIVIL  PRACTICE  LAW  AND
 RULES,  WHICH PROCEEDING MUST BE COMMENCED WITHIN THIRTY DAYS AFTER SUCH
 DETERMINATION BY THE ATTORNEY GENERAL BECOMES FINAL.
   (VII) Non-purchasing tenants who reside in dwelling units  subject  to
 government regulation as to rentals and continued occupancy prior to the
 conversion of the building or group of buildings or development to coop-
 erative  or  [condominimum]  CONDOMINIUM  ownership shall continue to be
 subject thereto.
   [(iv)] (VIII) The rentals of  non-purchasing  tenants  who  reside  in
 dwelling  units  not  subject to government regulation as to rentals and
 continued occupancy and non-purchasing tenants who  reside  in  dwelling
 units  with  respect  to  which  government regulation as to rentals and
 continued occupancy is eliminated or becomes inapplicable after the plan

 S. 6458                            61                            A. 8281
 
 has been accepted for filing  by  the  attorney  general  shall  not  be
 subject to unconscionable increases beyond ordinary rentals for compara-
 ble  apartments  during  the  period  of their occupancy. In determining
 comparability,  consideration shall be given to such factors as building
 services, level of maintenance and operating expenses.
   [(v)] (IX) The plan may not be amended at any time to provide that  it
 shall be an eviction plan.
   [(vi)]  (X)  The rights granted under the plan to purchasers under the
 plan and to non-purchasing tenants  may  not  be  abrogated  or  reduced
 notwithstanding any expiration of, or amendment to, this section.
   [(vii)] (XI) After the issuance of the letter from the attorney gener-
 al  stating that the offering statement or prospectus required in subdi-
 vision one of section three hundred fifty-two-e of this article has been
 [filed] ACCEPTED FOR FILING, the offeror shall, on the thirtieth, sixti-
 eth, eighty-eighth and ninetieth day after such date and at  least  once
 every  thirty  days  until  the plan is declared effective or [is] aban-
 doned, as the case may be, and on the second day before  the  expiration
 of  any exclusive purchase period provided in a substantial amendment to
 the plan, (1) file with the attorney general a written statement,  under
 oath,  setting  forth the percentage of [the] BONA FIDE TENANTS IN OCCU-
 PANCY OF ALL dwelling units in the building or  group  of  buildings  or
 development  [subscribed  for  by bona fide tenants in occupancy or bona
 fide purchasers who represent that they intend that they or one or  more
 members  of  their  immediate  family  occupy  the dwelling unit when it
 becomes vacant as of the date of such statement and]  ON  THE  DATE  THE
 OFFERING STATEMENT OR PROSPECTUS WAS ACCEPTED FOR FILING BY THE ATTORNEY
 GENERAL  WHO  HAVE EXECUTED AND DELIVERED WRITTEN AGREEMENTS TO PURCHASE
 UNDER THE PLAN AS OF THE DATE OF SUCH STATEMENT, AND (2) before noon  on
 the day such statement is filed post a copy of such statement in a prom-
 inent  place  accessible  to all tenants in each building covered by the
 plan.
   (XII) THE TENANTS IN  OCCUPANCY  ON  THE  DATE  THE  ATTORNEY  GENERAL
 ACCEPTS  THE  PLAN FOR FILING SHALL HAVE THE EXCLUSIVE RIGHT TO PURCHASE
 THEIR DWELLING UNITS OR THE SHARES ALLOCATED  THERETO  FOR  NINETY  DAYS
 AFTER  THE  PLAN  IS ACCEPTED FOR FILING BY THE ATTORNEY GENERAL, DURING
 WHICH TIME A TENANT'S DWELLING UNIT SHALL NOT BE SHOWN TO A THIRD  PARTY
 UNLESS  HE  OR SHE HAS, IN WRITING, WAIVED HIS OR HER RIGHT TO PURCHASE;
 SUBSEQUENT TO THE EXPIRATION OF SUCH NINETY  DAY  PERIOD,  A  TENANT  IN
 OCCUPANCY  OF  A  DWELLING UNIT WHO HAS NOT PURCHASED SHALL BE GIVEN THE
 EXCLUSIVE RIGHT FOR AN ADDITIONAL PERIOD OF SIX MONTHS FROM SAID EXPIRA-
 TION DATE TO PURCHASE SAID DWELLING UNIT OR THE SHARES ALLOCATED THERETO
 ON THE SAME TERMS  AND  CONDITIONS  AS  ARE  CONTAINED  IN  AN  EXECUTED
 CONTRACT TO PURCHASE SAID DWELLING UNIT OR SHARES ENTERED INTO BY A BONA
 FIDE  PURCHASER,  SUCH  EXCLUSIVE RIGHT TO BE EXERCISABLE WITHIN FIFTEEN
 DAYS FROM THE DATE OF MAILING  BY  REGISTERED  MAIL  OF  NOTICE  OF  THE
 EXECUTION  OF  A  CONTRACT OF SALE TOGETHER WITH A COPY OF SAID EXECUTED
 CONTRACT TO SAID TENANT.
   (d) The plan provides, if it is an eviction plan, as follows:
   (i) The plan may not be declared effective unless at  least  fifty-one
 percent  of  the bona fide tenants in occupancy of all dwelling units in
 the building or group of buildings or development on the date the offer-
 ing statement or prospectus was accepted  for  filing  by  the  attorney
 general  (excluding,  for the purposes of determining the number of bona
 fide tenants in occupancy on such date,  eligible  senior  citizens  and
 eligible  disabled  persons)  shall  have executed and delivered written
 agreements to purchase under the plan pursuant to an  offering  made  in

 S. 6458                            62                            A. 8281
 
 good  faith  without  fraud and with no discriminatory repurchase agree-
 ments or other discriminatory inducements.
   (ii)  No eviction proceedings will be commenced against a non-purchas-
 ing tenant for failure to purchase or any  other  reason  applicable  to
 expiration  of tenancy until the later to occur of (1) the date which is
 the expiration date provided in such non-purchasing  tenant's  lease  or
 rental  agreement,  and (2) the date which is three years after the date
 on which the plan is  declared  effective.  Non-purchasing  tenants  who
 reside  in dwelling units subject to government regulation as to rentals
 and continued occupancy prior to conversion shall continue to be subject
 thereto during the period  of  occupancy  provided  in  this  paragraph.
 Thereafter,  if  a  tenant  has  not purchased, he may be removed by the
 owner of the dwelling unit or the  shares  allocated  to  such  dwelling
 unit.
   (iii) No eviction proceedings will be commenced, except as hereinafter
 provided,  at any time against either eligible senior citizens or eligi-
 ble disabled persons. The rentals of eligible senior citizens and eligi-
 ble disabled persons who reside in dwelling units not subject to govern-
 ment regulation as to  rentals  and  continued  occupancy  and  eligible
 senior  citizens  and  eligible  disabled persons who reside in dwelling
 units with respect to which government  regulation  as  to  rentals  and
 continued occupancy is eliminated or becomes inapplicable after the plan
 has  been  accepted  for  filing  shall not be subject to unconscionable
 increases beyond ordinary rentals for comparable apartments  during  the
 period  of  their  occupancy  considering, in determining comparability,
 such factors as building services, level of  maintenance  and  operating
 expenses;  provided  that such proceedings may be commenced against such
 tenants for non-payment of rent, illegal use or occupancy of  the  prem-
 ises,  refusal  of reasonable access to the owner or a similar breach by
 the tenant of his obligations to the owner of the dwelling unit  or  the
 shares allocated thereto.
   (iv) Eligible senior citizens and eligible disabled persons who reside
 in  dwelling  units  subject  to government regulation as to rentals and
 continued occupancy shall continue to be subject thereto.
   (v) The rights granted under the plan to eligible senior citizens  and
 eligible  disabled persons may not be abrogated or reduced notwithstand-
 ing any expiration of, or amendment to, this section.
   (vi) Any offeror who disputes the election by a person to be an eligi-
 ble senior citizen or an eligible disabled  person  must  apply  to  the
 attorney general within thirty days of the receipt of the election forms
 for  a  determination by the attorney general of such person's eligibil-
 ity. The attorney general shall, within thirty  days  thereafter,  issue
 his determination of eligibility. The foregoing shall, in the absence of
 fraud,  be  the  sole  method  for determining a dispute as to whether a
 person is an eligible senior citizen or an eligible disabled person. The
 determination of the attorney general shall be reviewable only through a
 proceeding under article seventy-eight of the  civil  practice  law  and
 rules,  which proceeding must be commenced within thirty days after such
 determination by the attorney general becomes final.
   (vii) After the issuance of the letter from the attorney general stat-
 ing that the offering statement or prospectus  required  in  subdivision
 one  of  section  three  hundred  fifty-two-e  of  this article has been
 accepted for filing, the offeror  shall,  on  the  thirtieth,  sixtieth,
 eighty-eighth and ninetieth [days] DAY after such date and at least once
 every  thirty days until the plan is declared effective or abandoned, as
 the case may be, and on the second day  before  the  expiration  of  any

 S. 6458                            63                            A. 8281
 
 exclusive  purchase  period  provided  in a substantial amendment to the
 plan, (1) file with the attorney  general  a  written  statement,  under
 oath,  setting forth the percentage of bona fide tenants in occupancy of
 all  dwelling units in the building or group of buildings or development
 on the date the offering statement or prospectus was accepted for filing
 by the attorney general who have executed and delivered  written  agree-
 ments  to  purchase under the plan as of the date of such statement, and
 (2) before noon on the day such statement is filed post a copy  of  such
 statement  in a prominent place accessible to all tenants in each build-
 ing covered by the plan.
   (viii) If the plan is amended  before  it  is  declared  effective  to
 provide  that it shall be a non-eviction plan, any person who has agreed
 to purchase under the plan prior to such amendment shall have  a  period
 of  thirty  days  after  receiving  written  notice of such amendment to
 revoke his agreement to purchase under the plan.
   (ix) The tenants in occupancy on the date the attorney general accepts
 the plan for filing shall have the exclusive  right  to  purchase  their
 dwelling units or the shares allocated thereto for ninety days after the
 plan is accepted for filing by the attorney general, during which time a
 tenant's  dwelling  unit  shall  not be shown to a third party unless he
 has, in writing, waived his right to purchase; subsequent to the expira-
 tion of such ninety day period, a tenant in occupancy of a dwelling unit
 who has not purchased shall be given the exclusive right  for  an  addi-
 tional  period  of six months from said expiration date to purchase said
 dwelling unit or the shares allocated thereto  on  the  same  terms  and
 conditions  as  are  contained  in an executed contract to purchase said
 dwelling unit or shares entered into by  a  bona  fide  purchaser,  such
 exclusive  right  to be exercisable within fifteen days from the date of
 mailing by registered mail of notice of the execution of a  contract  of
 sale together with a copy of said executed contract to said tenant.
   (e)  The  attorney general finds that an excessive number of long-term
 vacancies did not exist on the date that the offering statement or pros-
 pectus was first submitted to the department of law.  "Long-term  vacan-
 cies"  shall  mean  dwelling  units  not leased or occupied by bona fide
 tenants for more than five months prior to the date of  such  submission
 to  the  department  of  law.  "Excessive"  shall mean a vacancy rate in
 excess of the greater of (i) ten percent and (ii) a percentage  that  is
 double  the  normal  average  vacancy  rate for the building or group of
 buildings or development for two years prior to  the  January  preceding
 the date the offering statement or prospectus was first submitted to the
 department of law.
   (f)  The  attorney general finds that, following the submission of the
 offering statement or prospectus to the department of law,  each  tenant
 in the building or group of buildings or development was provided with a
 written  notice  stating  that such offering statement or prospectus has
 been submitted to the department of law for filing. Such notice shall be
 accompanied by a copy of the offering  statement  or  prospectus  and  a
 statement that the statements submitted pursuant to subparagraph [(vii)]
 (XI)  of  paragraph (c) [or subparagraph (vii) of paragraph (d)] of this
 subdivision, whichever is applicable, will be available  for  inspection
 and  copying at the office of the department of law where the submission
 was made and at the office of the offeror or  a  selling  agent  of  the
 offeror.  Such  notice  shall  also  be  accompanied by a statement that
 tenants or their representatives may physically inspect the premises  at
 any  time  subsequent to the submission of the plan to the department of
 law, during normal business hours, upon written request made by them  to

 S. 6458                            64                            A. 8281
 
 the  offeror, provided such representatives are registered architects or
 professional engineers licensed to practice in the state  of  New  York.
 Such  notice  shall  be sent to each tenant in occupancy on the date the
 plan is first submitted to the department of law.
   3.  All  dwelling  units  occupied  by non-purchasing tenants shall be
 managed by the same managing agent who manages all other dwelling  units
 in  the  building  or  group  of buildings or development. Such managing
 agent shall provide to non-purchasing tenants all services  and  facili-
 ties  required  by  law on a non-discriminatory basis. The offeror shall
 guarantee the obligation of the  managing  agent  to  provide  all  such
 services  and  facilities  until  such  time  as  the offeror surrenders
 control to the board of directors or board of managers,  at  which  time
 the  cooperative corporation or the condominium association shall assume
 responsibility for the provision of all services and facilities required
 by law on a non-discriminatory basis.
   4. It shall be unlawful for any person to  engage  in  any  course  of
 conduct,  including,  but not limited to, interruption or discontinuance
 of essential services, which substantially interferes with  or  disturbs
 the comfort, repose, peace or quiet of any tenant in his use or occupan-
 cy  of his dwelling unit or the facilities related thereto. The attorney
 general may apply to a court of  competent  jurisdiction  for  an  order
 restraining  such  conduct  and,  if  he  deems it appropriate, an order
 restraining the owner from selling the shares allocated to the  dwelling
 unit  or  the  dwelling  unit itself or from proceeding with the plan of
 conversion; provided that nothing contained herein shall  be  deemed  to
 preclude the tenant from applying on his own behalf for similar relief.
   5.  Any  local  legislative  body may adopt local laws and any agency,
 officer or public body may prescribe rules and regulations with  respect
 to  the  continued  occupancy  by  tenants  of  dwelling units which are
 subject to regulation as to rentals and continued occupancy pursuant  to
 law,  provided  that in the event that any such local law, rule or regu-
 lation shall be inconsistent with the provisions of  this  section,  the
 provisions of this section shall control.
   6.  Any  provision of a lease or other rental agreement which purports
 to waive a tenant's rights under this section or rules  and  regulations
 promulgated pursuant hereto shall be void as contrary to public policy.
   7.   THE ATTORNEY GENERAL IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT,
 PROMULGATE, AMEND AND RESCIND SUITABLE RULES AND  REGULATIONS  TO  CARRY
 OUT  THE  PROVISIONS  OF  THIS SECTION, INCLUDING ISSUING WAIVERS OF THE
 REQUIREMENTS OF THIS SECTION TO THE EXTENT THE  REQUIREMENTS  WOULD  NOT
 CARRY OUT THE INTENT OF THIS SECTION OR THE MARTIN ACT.
   8. The provisions of this section shall only be applicable in the city
 of New York.
   §  2.  This  act shall take effect immediately and shall only apply to
 plans submitted pursuant to section 352-eeee of the general business law
 after the effective date of this act.
 
                                  PART O
 
   Section 1. Legislative findings. The legislature  finds  and  declares
 that:
   a.  Manufactured homes are a critical source of affordable housing for
 residents in New York state.
   b. Factors unique to home ownership in manufactured home parks in  New
 York  state  require  that  the  owners  of  such  manufactured homes be

 S. 6458                            65                            A. 8281
 
 protected from involuntary forfeiture of their homes due to unreasonable
 increases in lot rent.
   c.  Homeownership  in  such manufactured home parks differs from other
 forms of homeownership as well as from the  traditional  landlord-tenant
 relationship. Unlike other homeowners, because the manufactured homeown-
 ers  do  not  control  the land on which their manufactured homes exist,
 they have no control over this  substantial  portion  of  their  housing
 costs.
   d. Vacancies in existing manufactured home parks are extremely rare in
 New  York state, and the cost of relocating a manufactured home, even if
 such a vacancy exists, is prohibitively high and may not be feasible due
 to the structural integrity of the home.
   e. The manufactured homeowners' lack of bargaining power disrupts  the
 normal operation of market forces and renders such manufactured homeown-
 ers  captive to whatever terms a manufactured home park owner may choose
 to impose. This results in manufactured homeowners being evicted because
 of manufactured home parks' rents they can no longer afford,  and  as  a
 result,  losing  their  manufactured home and the equity they have built
 altogether because there is not an alternative site on  which  to  place
 such home.
   f. Under current law, manufactured homeowners who rent in manufactured
 home  parks  have  no legal remedy for an unjustifiable and unreasonable
 rent increase.
   g. The legislature therefore declares that in order to  prevent  hard-
 ship,  unjustifiable rent increases, loss of equity, and the dislocation
 of residents living in manufactured home parks, the provisions  of  this
 act  are necessary to protect the safety and general welfare of manufac-
 tured home owners and tenants.
   § 2. Subdivision a of section 233 of the real property law is  amended
 by adding two new paragraphs 6 and 7 to read as follows:
   6.  THE TERM "RENT-TO-OWN CONTRACT" SHALL MEAN ANY AGREEMENT BETWEEN A
 MANUFACTURED HOME PARK OWNER OR OPERATOR AND A MANUFACTURED HOME  RENTER
 WHICH  PROVIDES  THAT  AFTER  A  SPECIFIED TERM OR OTHER CONTINGENCY THE
 MANUFACTURED HOME RENTER WILL TAKE OWNERSHIP OF THE RENTED HOME.
   7. THE TERM "RENT-TO-OWN PAYMENT" SHALL MEAN ANY PAYMENT  OR  PAYMENTS
 MADE  BY  A  MANUFACTURED HOME RENTER PURSUANT TO A RENT-TO-OWN CONTRACT
 WHICH ARE IN ADDITION TO RENTAL PAYMENTS FOR THE  RENTED  SITE  AND  THE
 RENTED HOME.
   §  3.  Paragraphs  1 and 6 of subdivision b of section 233 of the real
 property law, paragraph 1 as amended by chapter 566 of the laws of  1996
 and  paragraph  6  as  amended  by  chapter 561 of the laws of 2008, are
 amended to read as follows:
   [1. The manufactured  home  tenant  continues  in  possession  of  any
 portion  of  the  premises  after the expiration of his term without the
 permission of the manufactured home park owner or operator.]
   6. (i) The manufactured home park owner or operator proposes a  change
 in  the  use  of  the  land  comprising the manufactured home park, or a
 portion thereof, on which the manufactured home is located,  from  manu-
 factured  home  lot rentals to some other use, provided the manufactured
 home owner is given written notice of the proposed change of use and the
 manufactured home owner's need to secure other accommodations.  Whenever
 a  manufactured  home  park owner or operator gives a notice of proposed
 change of use to any manufactured home owner, the manufactured home park
 owner or operator shall, at the same time, give notice of  the  proposed
 change  of  use  to all other manufactured home owners OR TENANTS in the
 manufactured home park who will be required  to  secure  other  accommo-

 S. 6458                            66                            A. 8281
 
 dations  as  a  result  of  such  proposed  change  of  use.    Eviction
 proceedings based on a change in use shall not  be  commenced  prior  to
 [six  months] TWO YEARS from the service of notice of proposed change in
 use  [or  the  end  of  the lease term, whichever is later]. Such notice
 shall be served in the manner prescribed in section seven hundred  thir-
 ty-five of the real property actions and proceedings law or by certified
 mail, return receipt requested.
   (ii) Where a purchaser of a manufactured home park certified that such
 purchaser did not intend to change the use of the land pursuant to para-
 graph  (b)  of  subdivision two of section two hundred thirty-three-a of
 this article, no eviction proceedings based on a change of use shall  be
 commenced  until  the  expiration  of  sixty months from the date of the
 closing on the sale of the park.
   (III) (A) THE MANUFACTURED HOME PARK OWNER OR OPERATOR  SHALL  PROVIDE
 THE  MANUFACTURED HOME OWNER A STIPEND OF UP TO FIFTEEN THOUSAND DOLLARS
 PER MANUFACTURED HOME OWNER, PURSUANT TO A COURT ORDER.  A  WARRANT  FOR
 EVICTION CANNOT BE EXECUTED UNTIL THE STIPEND HAS BEEN PAID TO THE MANU-
 FACTURED HOME OWNER BEING EVICTED.
   (B)  THE COURT SHALL CALCULATE THE STIPEND BASED UPON CONSIDERATION OF
 THE FOLLOWING FACTORS:
   (1) THE COST OF RELOCATION OF THE MANUFACTURED HOME;
   (2) THE NUMBER OF MANUFACTURED HOMES IN THE SAME PARK  THAT  WOULD  BE
 RECEIVING A STIPEND;
   (3) THE AMOUNT THE REAL PROPERTY IS BEING PURCHASED FOR;
   (4)  THE  VALUE  OF THE REAL PROPERTY THE MANUFACTURED HOME IS LOCATED
 ON;
   (5) THE VALUE OF THE DEVELOPMENT  RIGHTS  ATTACHED  TO  REAL  PROPERTY
 PARCEL THE MANUFACTURED HOME IS LOCATED ON; AND
   (6) ANY OTHER FACTORS THE COURT DETERMINES ARE RELEVANT IN EACH CASE.
   (C)  IN  THE  EVENT THE MANUFACTURED HOME OWNER IS NOT REMOVED AND THE
 EVICTION PROCEEDING IS TERMINATED  THE  MANUFACTURED  HOME  OWNER  SHALL
 RETURN  THE STIPEND TO THE PARK OWNER. THE WEIGHT TO BE AFFORDED TO EACH
 OF THE VARIOUS FACTORS IS WITHIN THE DISCRETION OF THE TRIAL COURT.
   § 4. Subdivision e of section 233 of the real property law, as amended
 by chapter 566 of the laws of 1996, is amended to read as follows:
   e. Leases. 1. The manufactured home park owner or operator shall offer
 every manufactured home tenant prior to occupancy,  the  opportunity  to
 sign  a  lease  for  a minimum of one year, which offer shall be made in
 writing. ALL LEASE OFFERS, INCLUDING INITIAL AND RENEWAL  LEASES,  SHALL
 INCLUDE  A  RIDER REGARDING TENANT RIGHTS. SUCH RIDER SHALL BE IN A FORM
 APPROVED OR PROMULGATED BY THE COMMISSIONER  OF  HOUSING  AND  COMMUNITY
 RENEWAL  AND  WHICH  SHALL  BE  MADE AVAILABLE TO MANUFACTURED HOME PARK
 OWNERS AND OPERATORS.
   2. (i) On or before, as appropriate, (a) the first day of  October  of
 each  calendar  year  with respect to a manufactured home owner [then in
 good standing] who is not currently a party to a written  lease  with  a
 manufactured  home  park owner or operator or (b) the ninetieth day next
 preceding the expiration date of any existing written  lease  between  a
 manufactured  home owner [then in good standing] and a manufactured home
 park owner or operator, the manufactured home  park  owner  or  operator
 shall  submit  to  each  such manufactured home owner a written offer to
 lease for a term of at least twelve months from  the  commencement  date
 thereof  unless  the manufactured home park owner or operator has previ-
 ously furnished the manufactured home owner with written notification of
 a proposed change of use pursuant to paragraph six of subdivision  b  of
 this  section. Any such offer shall include a copy of the proposed lease

 S. 6458                            67                            A. 8281
 
 containing such terms and conditions, including provisions for rent  and
 other  charges, as the manufactured home park owner shall deem appropri-
 ate; provided such terms and conditions are consistent  with  all  rules
 and regulations promulgated by the manufactured home park operator prior
 to  the date of the offer and are not otherwise prohibited or limited by
 applicable law. Such offer shall also contain a statement  advising  the
 manufactured  home  owner  that if he or she fails to execute and return
 the lease to the manufactured home park owner or operator within  thirty
 days  after  submission of such lease, the manufactured home owner shall
 be deemed to have declined the offer of a lease and shall not  have  any
 right  to  a lease from the manufactured home park owner or operator for
 the next succeeding twelve months.
   [(ii) For purposes of this paragraph, a manufactured home owner  shall
 be deemed in good standing if he or she is not in default in the payment
 of  more  than one month's rent to the manufactured home park owner, and
 is not in violation of paragraph three, four or five of subdivision b of
 this section. No manufactured home park owner or operator  shall  refuse
 to  provide a written offer to lease based on a default of rent payments
 or a violation of paragraph three, four or five of subdivision b of this
 section unless, at least thirty days prior to the last date on which the
 owner or operator would otherwise be required to  provide  such  written
 offer  to  lease,  the  owner or operator notifies the manufactured home
 owner, in writing, of the  default  in  rent  or  the  specific  grounds
 constituting  the  violation and such grounds continues up and until the
 fifth calendar day immediately preceding the  last  date  on  which  the
 written offer would otherwise be required to be made.
   (iii)]  (II)  For purposes of this paragraph, the commencement date of
 any lease offered by the manufactured home park owner  to  the  manufac-
 tured  home  owner  shall be the ninetieth day after the date upon which
 the manufactured home park owner shall have provided the offer  required
 pursuant  to this paragraph; provided, however, that no such lease shall
 be effective if, on such commencement date, the manufactured home  owner
 is  in  default of more than one month's rent. In the event the manufac-
 tured home owner shall have failed to execute and return said  lease  to
 the manufactured home park owner or operator within thirty days after it
 is  submitted to the manufactured home owner as required by subparagraph
 (i) of this paragraph the manufactured home owner  shall  be  deemed  to
 have declined to enter said lease.
   3.  No  lease  provision  shall be inconsistent with any rule or regu-
 lation in effect at the commencement of the lease.
   4. IF A MANUFACTURED HOME PARK OWNER OR  OPERATOR  FAILS  TO  OFFER  A
 TENANT  A  LEASE  AS PROVIDED IN THIS SUBDIVISION, THE TENANT SHALL HAVE
 ALL THE RIGHTS OF A LEASEHOLDER AND MAY NOT BE EVICTED  FOR  OTHER  THAN
 THE  REASONS  SPECIFIED  IN  PARAGRAPH  TWO, THREE, FOUR, FIVE OR SIX OF
 SUBDIVISION (B) OF THIS SECTION.
   5. ALL RENT INCREASES, INCLUDING ALL FEES, RENTS, CHARGES, ASSESSMENTS
 AND UTILITIES, SHALL BE SUBJECT AND  PURSUANT  TO  SECTION  TWO  HUNDRED
 THIRTY-THREE-B OF THIS ARTICLE.
   §  5.  Paragraphs  2 and 3 of subdivision g of section 233 of the real
 property law, as amended by chapter 566 of the laws of 1996, are amended
 to read as follows:
   2. A manufactured home park owner or operator  shall  be  required  to
 fully  disclose  in  writing  all  fees, charges, assessments, including
 rental fees, rules and regulations prior to [a manufactured home  tenant
 assuming  occupancy] ENTERING INTO A RENTAL AGREEMENT WITH A PROSPECTIVE
 TENANT in the manufactured home park.

 S. 6458                            68                            A. 8281
 
   3. No fees, charges, assessments or rental fees may  be  increased  by
 manufactured  home park owner or operator without specifying the date of
 implementation of said fees, charges, assessments or rental  fees  which
 date shall be no less than ninety days after written notice to all manu-
 factured home tenants. Failure on the part of the manufactured home park
 owner  or  operator  to  fully disclose all fees, charges or assessments
 shall prevent the manufactured home park owner or operator from collect-
 ing said fees, charges or assessments, and refusal by  the  manufactured
 home  tenant  to  pay  any  undisclosed charges shall not be used by the
 manufactured home park owner or operator as a cause for eviction in  any
 court  of  law.  RENT, UTILITIES AND CHARGES FOR FACILITIES AND SERVICES
 AVAILABLE TO THE TENANT MAY NOT BE INCREASED UNLESS  A  LEASE  HAS  BEEN
 OFFERED TO THE TENANT AS REQUIRED BY SUBDIVISION E OF THIS SECTION.
   § 6. Subdivision m of section 233 of the real property law, as amended
 by chapter 566 of the laws of 1996, is amended to read as follows:
   m.  Warranty  of habitability, maintenance, disruption of services. In
 every written or oral lease or rental agreement entered into by a  manu-
 factured home tenant, the manufactured home park owner or operator shall
 be  deemed to covenant and warrant that the premises so leased or rented
 and the manufactured home if rented, INCLUDING RENTAL THROUGH A RENT-TO-
 OWN CONTRACT, and all areas used in connection therewith in common  with
 other  manufactured home tenants or residents including all roads within
 the manufactured home park are fit for human habitation and for the uses
 reasonably intended by the parties and that the occupants of such  prem-
 ises and such manufactured homes if rented shall not be subjected to any
 conditions  which  would be dangerous, hazardous or detrimental to their
 life, health or safety.  When any such condition has been caused by  the
 misconduct  of  the  manufactured home tenant or lessee or persons under
 his direction or control, it shall  not  constitute  a  breach  of  such
 covenants and warranties. The rights and obligations of the manufactured
 home  park  owner  or operator and the manufactured home tenant shall be
 governed by the provisions of this subdivision and subdivisions two  and
 three of section two hundred thirty-five-b of this article.
   § 7. Subdivision o of section 233 of the real property law, as amended
 by chapter 566 of the laws of 1996, is amended to read as follows:
   o.  Whenever  a  lease  shall  provide  that  in any action or summary
 proceeding the manufactured home park  owner  or  operator  may  recover
 attorney's  fees  and/or expenses [incurred as the result of the failure
 of the tenant to perform any covenant or  agreement  contained  in  such
 lease, or that amounts paid by the manufactured home park owner or oper-
 ator therefor shall be paid by the tenant as additional rent] AWARDED BY
 A COURT, there shall be implied in such lease a covenant by the manufac-
 tured  home  park owner or operator, to pay to the tenant the reasonable
 attorney's fees and/or expenses incurred  by  the  tenant  to  the  same
 extent as is provided in section two hundred thirty-four of this article
 which  section  shall  apply  in  its entirety. A MANUFACTURED HOME PARK
 OWNER OR OPERATOR MAY NOT DEMAND THAT  A  TENANT  PAYS  ATTORNEYS'  FEES
 UNLESS SUCH FEES HAVE BEEN AWARDED PURSUANT TO A COURT ORDER.
   § 8. Subdivision r of section 233 of the real property law, as amended
 by chapter 566 of the laws of 1996, is amended to read as follows:
   r.  Limitation on late charges. A late charge on any rental payment by
 a manufactured home owner which has become due and remains unpaid  shall
 not  exceed  and shall be enforced to the extent of [five] THREE percent
 of such delinquent payment; provided, however, that no charge  shall  be
 imposed  on  any  rental  payment  by a manufactured home owner received
 within ten days after the  due  date.  In  the  absence  of  a  specific

 S. 6458                            69                            A. 8281
 
 provision  in  the lease or the manufactured home park's rules and regu-
 lations, no late charge  on  any  delinquent  rental  payment  shall  be
 assessed  or collected. LATE CHARGES MAY NOT BE COMPOUNDED AND SHALL NOT
 BE CONSIDERED ADDITIONAL RENT.
   §  9.  Section 233 of the real property law is amended by adding a new
 subdivision y to read as follows:
   Y. 1. NO MANUFACTURED HOME PARK  OWNER  OR  OPERATOR  SHALL  OFFER  OR
 EXECUTE  A  RENT-TO-OWN  CONTRACT  UNLESS THE MANUFACTURED PARK OWNER OR
 OPERATOR POSSESSES DOCUMENTATION OF OWNERSHIP OF THE MANUFACTURED  HOME,
 INCLUDING  A CERTIFICATE OF TITLE TO THE HOME, IF THE HOME IS A MANUFAC-
 TURED HOME SUBJECT TO BEING TITLED PURSUANT TO ARTICLE FORTY-SIX OF  THE
 VEHICLE AND TRAFFIC LAW, OR FOR MOBILE HOMES NOT SUBJECT TO BEING TITLED
 PURSUANT TO SUCH LAW, SUCH OTHER DOCUMENTATION, WHICH MAY INCLUDE A BILL
 OF SALE, OR DEED, SUFFICIENT TO ESTABLISH OWNERSHIP.
   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, 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.
   3.  VALUATIONS USED TO DETERMINE THE FAIR MARKET VALUE OF THE MANUFAC-
 TURED HOME AT THE TIME THE RENT-TO-OWN CONTRACT IS ENTERED  INTO,  SHALL
 BE  BASED  ON THE INFORMATION PROVIDED BY AN INDEPENDENT SYSTEM, ENTITY,
 PUBLICATION OR PUBLICATIONS THAT PROVIDE VALUATION INFORMATION FOR MANU-
 FACTURED HOMES ADJUSTED, AS APPROPRIATE, BY REASONABLE AND  IDENTIFIABLE
 REGIONAL  MARKET DATA, SUCH AS LOCATION, PARK-SPECIFIC AMENITIES, TRENDS
 AND COMPARABLE SALES.
   4. EVERY RENT-TO-OWN CONTRACT SHALL CLEARLY STATE  THAT  THE  MANUFAC-
 TURED  HOME TENANT IS OCCUPYING A RENTED HOME, UNTIL OWNERSHIP IS TRANS-
 FERRED, AND THAT THE MANUFACTURED HOME PARK OWNER AND OPERATOR SHALL  BE
 RESPONSIBLE  FOR COMPLIANCE WITH THE WARRANTY OF HABITABILITY, INCLUDING
 BUT NOT LIMITED TO ALL MAJOR REPAIRS AND CAPITAL IMPROVEMENTS.
   5. WITH THE EXECUTION OF EVERY RENT-TO-OWN CONTRACT, THE  MANUFACTURED
 HOME  PARK  OWNER OR OPERATOR SHALL OFFER THE MANUFACTURED HOME TENANT A
 LEASE FOR THE SITE ON WHICH THE HOME IS LOCATED AS PROVIDED IN  SUBDIVI-
 SION  F OF THIS SECTION, AND, IF THE TERM OF THE RENT-TO-OWN CONTRACT IS
 LONGER THAN THE TERM OF THE INITIAL  SITE  LEASE,  SHALL  OFFER  RENEWAL
 LEASES ON THE SAME TERMS AS PROVIDED TO MANUFACTURED HOME TENANTS WITHIN
 THE  PARK  PURSUANT TO SUBDIVISION E OF THIS SECTION, PROVIDED THAT SUCH
 RENEWAL LEASE MAY NOT INCLUDE A RENT INCREASE GREATER THAN THAT  IMPOSED
 ON  SIMILARLY  SITUATED  MANUFACTURED  HOME  TENANTS THAT OWN THEIR HOME
 WITHIN THE PARK.
   6. THE MANUFACTURED HOME PARK OWNER OR  OPERATOR  SHALL  PROVIDE  EACH
 MANUFACTURED  HOME  TENANT  WHO  IS A PARTY TO A RENT-TO-OWN CONTRACT AN
 ITEMIZED ACCOUNTING LISTING ALL PAYMENTS MADE PURSUANT TO  THE  RENT-TO-

 S. 6458                            70                            A. 8281
 
 OWN  CONTRACT.  SUCH ACCOUNTING SHALL BE PROVIDED NO LESS THAN ONCE EACH
 YEAR, BEGINNING ONE YEAR FROM THE EXECUTION OF THE RENT-TO-OWN CONTRACT.
 UPON REQUEST BY A MANUFACTURED HOME TENANT, THE MANUFACTURED  HOME  PARK
 OWNER  OR  OPERATOR  SHALL PROVIDE SUCH AN ACCOUNTING WITHIN TEN DAYS OF
 SUCH REQUEST.
   7. ANY SUCCESSOR TO OWNERSHIP OF THE MANUFACTURED HOME PARK  SHALL  BE
 BOUND  BY  THE  TERMS  OF  A RENT-TO-OWN CONTRACT ENTERED INTO AFTER THE
 EFFECTIVE DATE OF THIS SUBDIVISION.
   8. IF A MANUFACTURED HOME TENANT'S TENANCY IS TERMINATED BY THE  MANU-
 FACTURED  HOME  PARK  OWNER OR OPERATOR DURING THE TERM OF A RENT-TO-OWN
 CONTRACT, ALL RENT-TO-OWN PAYMENTS MADE DURING THE TERM OF THE  CONTRACT
 SHALL  BE  REFUNDED  TO  THE MANUFACTURED HOME TENANT; IF A MANUFACTURED
 HOME PARK OWNER OR  OPERATOR  FAILS  TO  REFUND  SUCH  PAYMENTS,  IN  AN
 EVICTION  PROCEEDING,  THE  COURT MAY AWARD THE MANUFACTURED HOME RENTER
 DAMAGES IN THE AMOUNT OF THE RENT-TO-OWN PAYMENTS WHICH  HAVE  NOT  BEEN
 REFUNDED.
   9.  IT  IS  A  VIOLATION  OF THIS SECTION FOR A MANUFACTURED HOME PARK
 OWNER OR OPERATOR TO MAKE ANY MATERIAL MISREPRESENTATION, EITHER WRITTEN
 OR ORAL, REGARDING ANY OF THE TERMS OF A  RENT-TO-OWN  CONTRACT,  OR  TO
 OBTAIN, OR ATTEMPT TO OBTAIN, A WAIVER FROM ANY MANUFACTURED HOME RENTER
 OF ANY PROTECTION OR RIGHT PROVIDED UNDER THIS SUBDIVISION.
   10.  (I)  IF  A  MANUFACTURED HOME PARK OWNER OR OPERATOR VIOLATES THE
 PROVISIONS OF THIS SUBDIVISION OR WRONGFULLY EVICTS A MANUFACTURED  HOME
 TENANT  WHO  IS  A  PARTY  TO  A RENT-TO-OWN CONTRACT, A COURT MAY AWARD
 DAMAGES INCLUDING TREBLE THE ECONOMIC DAMAGES SUFFERED BY  THE  MANUFAC-
 TURED HOME TENANT, WHICH MAY INCLUDE ALL RENT-TO-OWN PAYMENTS. THE COURT
 MAY  ALSO  PROVIDE FOR REASONABLE ATTORNEY FEES AND COSTS OF LITIGATION,
 AND OTHER EQUITABLE RELIEF.
   (II) FAILURE OF THE MANUFACTURED HOME PARK OWNER OR OPERATOR TO COMPLY
 WITH THIS SECTION SHALL GIVE THE MANUFACTURED HOME RENTER  THE  UNCONDI-
 TIONAL  RIGHT  TO  CANCEL THE RENT-TO-OWN CONTRACT AND RECEIVE IMMEDIATE
 REFUND OF ALL PAYMENTS AND DEPOSITS MADE ON ACCOUNT  OF  OR  IN  CONTEM-
 PLATION OF THE LEASE WITH THE RENT-TO-OWN CONTRACT.
   11.  THE PROVISIONS OF THIS SECTION APPLY TO RENT-TO-OWN CONTRACTS AND
 TENANTS WITH RENT-TO-OWN CONTRACTS.
   § 10. Paragraphs (a) and (c) of subdivision 2 of section 233-a of  the
 real  property  law,  as  added  by chapter 561 of the laws of 2008, are
 amended to read as follows:
   (a) If a manufactured home park owner receives a bona  fide  offer  to
 purchase a manufactured home park that such manufactured home park owner
 intends  to  accept,  OR  RESPOND WITH A COUNTEROFFER, such manufactured
 home park owner shall require the prospective purchaser to  provide,  in
 writing,  the  certification  required by paragraph (b) of this subdivi-
 sion, and shall not accept any offer to purchase,  nor  respond  with  a
 counteroffer  until  such manufactured home park owner has received such
 certification AND MET THE REQUIREMENTS OF THIS SECTION.
   (c) If a manufactured home park owner TAKES ANY ACTION  TO  MARKET  OR
 OFFER  THE  PARK  FOR  SALE, OR receives a bona fide offer to purchase a
 manufactured home park that such manufactured home park owner intends to
 ACCEPT OR respond to with a counteroffer, [such counteroffer] A MANUFAC-
 TURED HOME PARK OWNER shall include a notice stating that  such  ACCEPT-
 ANCE  OR counteroffer shall be subject to the right of the homeowners of
 the manufactured home park to purchase the manufactured home park pursu-
 ant to this subdivision. Notwithstanding any provision of law OR  AGREE-
 MENT  to the contrary, every [acceptance of a counteroffer] AGREEMENT TO
 PURCHASE A MANUFACTURED HOME PARK by a prospective purchaser of a  manu-

 S. 6458                            71                            A. 8281
 
 factured  home  park shall be [deemed to be] subject to the right of the
 homeowners of the manufactured home park to  purchase  the  manufactured
 home park pursuant to this subdivision if the purchaser certifies pursu-
 ant  to  paragraph  (b)  of  this  subdivision that he or she intends to
 change the use of the land.
   § 11. The first subdivision 3 of section 233-a of  the  real  property
 law,  as added by chapter 561 of the laws of 2008, is amended to read as
 follows:
   3. (a) If a manufactured home park owner receives a bona fide offer to
 purchase a manufactured home park that such manufactured home park owner
 intends to accept or respond to with a counteroffer, and  the  purchaser
 has  certified  pursuant  to  paragraph  (b)  of subdivision two of this
 section that he intends to change the use of the land, such manufactured
 home park owner shall notify:
   (i) the officers of the manufactured  homeowners'  association  within
 such park of [the offer to purchase and] all the terms thereof; provided
 that the park owner has been notified of the establishment of a manufac-
 tured  homeowners'  association  and  been  provided  with the names and
 addresses of the officers of such association; or
   (ii) if no homeowners' association exists, all manufactured homeowners
 in the manufactured home park; AND
   (III) THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL.
   (b) The manufactured home park owner's notification shall state:
   (I) the price [and];
   (II) THE MATERIAL terms and conditions of sale [or, in the case  where
 such  manufactured  home  park owner intends to make a counteroffer, the
 price and material terms and conditions] upon  which  such  manufactured
 home park owner would sell the park;
   (III)  THAT  THE  MANUFACTURED HOMEOWNERS HAVE THE RIGHT TO ORGANIZE A
 MANUFACTURED HOMEOWNERS' ASSOCIATION OR A MANUFACTURED HOMEOWNERS' COOP-
 ERATIVE FOR THE PARK;
   (IV) THAT PURCHASE FINANCING MAY BE AVAILABLE  THROUGH  THE  NEW  YORK
 STATE HOMES AND COMMUNITY RENEWAL; AND
   (V)  THAT  THE MANUFACTURED HOMEOWNERS' ASSOCIATION, A COOPERATIVE, OR
 MANUFACTURED HOME OWNERS OR TENANTS HAVE ONE HUNDRED FORTY DAYS TO EXER-
 CISE THEIR RIGHT TO PURCHASE THE PARK IN ACCORDANCE WITH THIS SECTION.
   (c) (i) If a manufactured homeowners' association exists at  the  time
 of the offer, the association shall have the right to purchase the park;
 provided  that  the association shall have delivered to the manufactured
 home park owner an executed offer to purchase which meets the  identical
 price,  terms,  and  conditions of the offer or counteroffer provided in
 the notice of the manufactured home park owner within one hundred [twen-
 ty] FORTY days of receipt of notice  from  the  manufactured  home  park
 owner,  unless  otherwise agreed to in writing. DURING THIS TIME PERIOD,
 THE PARK OWNER SHALL NOT ACCEPT A FINAL UNCONDITIONAL OFFER TO  PURCHASE
 THE PARK.
   (ii) If an offer to purchase by the association is not delivered with-
 in  such  one  hundred  [twenty] FORTY day period, then, unless the park
 owner thereafter elects to offer to sell the park at a price lower  than
 the  price  specified in the notice to the homeowners' association or at
 terms substantially different from those presented to  the  association,
 the park owner has no further obligations under this section.
   (iii)  If  the  park  owner, after such one hundred [twenty] FORTY day
 period, elects to offer to sell the park at a price lower than the price
 specified in the notice given or at terms substantially  different  from
 those  previously  presented  to  the  association, then the association

 S. 6458                            72                            A. 8281
 
 shall be entitled to notice thereof and shall have an  additional  [ten]
 THIRTY  days  after receipt of notice of the revised terms to deliver to
 the park owner an executed offer to purchase  which  meets  the  revised
 price, terms, and conditions as presented by the park owner.
   (d) (i) If there is no existing homeowners' association at the time of
 the  offer,  the  homeowners  shall have the right to purchase the park;
 provided the following conditions are met:
   (A) The manufactured homeowners shall have the right to form  a  manu-
 factured homeowners' association, whether incorporated or not.
   (B)  Such  homeowners'  association  shall  include at least fifty-one
 percent of all manufactured homeowners, who  shall  have  given  written
 consent   to   forming   a  manufactured  homeowners'  association.  The
 provisions of section two hundred twenty-three-b of this  article  shall
 apply to the formation of a manufactured homeowners' association.
   (C)  The  association,  acting  through its officers, shall have given
 notice to the park owner of its formation, the names  and  addresses  of
 its  officers,  and  delivered an executed offer to purchase the park at
 the identical price, terms, and conditions of the offer presented in the
 notification given by the park owner within one hundred  [twenty]  FORTY
 days  of  receipt of notice from the park owner, unless otherwise agreed
 to in writing. DURING THIS TIME PERIOD, THE PARK OWNER SHALL NOT  ACCEPT
 A FINAL UNCONDITIONAL OFFER TO PURCHASE THE PARK.
   (ii) If the homeowners fail to form a manufactured homeowners' associ-
 ation,  or  if  upon the formation of a manufactured homeowners' associ-
 ation, the association does not deliver an executed offer to purchase as
 set forth in paragraph (a) of this subdivision within  the  one  hundred
 [twenty]  FORTY  day period, then, unless the park owner elects to offer
 the park at a price lower than the price specified in the notice  previ-
 ously  presented  to the homeowners, the park owner has no further obli-
 gation under this section; and
   (iii) If the park owner thereafter elects to sell the park at a  price
 lower  than  the  price  specified in the notice to the homeowners or at
 terms substantially different from those previously presented, then  the
 association  shall have an additional [ten] THIRTY days after receipt of
 notice of the revised terms to deliver to the  park  owner  an  executed
 offer  to  purchase which meets the revised price, terms, and conditions
 as presented by the park owner.
   § 12. The real property law is amended by adding a new  section  233-b
 to read as follows:
   § 233-B. MANUFACTURED HOME PARKS; RENT INCREASES. 1. THE PROVISIONS OF
 THIS SECTION SHALL APPLY TO ALL MANUFACTURED HOMES LOCATED IN A MANUFAC-
 TURED  HOME  PARK AS DEFINED IN SECTION TWO HUNDRED THIRTY-THREE OF THIS
 ARTICLE, HOWEVER MANUFACTURED HOMES LOCATED IN MANUFACTURED  HOME  PARKS
 THAT ARE SUBJECT TO A REGULATORY AGREEMENT WITH A GOVERNMENTAL ENTITY TO
 PRESERVE  AFFORDABLE HOUSING OR THAT OTHERWISE LIMITS RENT INCREASES ARE
 EXEMPT FROM THE PROVISIONS OF THIS SECTION.
   2. INCREASES IN RENT SHALL NOT EXCEED A THREE PERCENT  INCREASE  ABOVE
 THE  RENT SINCE THE CURRENT RENT BECAME EFFECTIVE. IN THIS SECTION, RENT
 SHALL MEAN ALL COSTS, INCLUDING ALL RENT,  FEES,  CHARGES,  ASSESSMENTS,
 AND UTILITIES. NOTWITHSTANDING THE ABOVE, A MANUFACTURED HOME PARK OWNER
 IS  PERMITTED  TO INCREASE THE RENT IN EXCESS OF THREE PERCENT ABOVE THE
 RENT SINCE THE CURRENT RENT BECAME EFFECTIVE, DUE TO:
   (A)  INCREASES  IN  THE  MANUFACTURED  HOME  PARK  OWNER'S   OPERATING
 EXPENSES.
   (B)  INCREASES IN THE MANUFACTURED HOME PARK OWNER'S PROPERTY TAXES ON
 SUCH PARK.

 S. 6458                            73                            A. 8281
 
   (C) INCREASES IN COSTS WHICH ARE DIRECTLY RELATED TO CAPITAL  IMPROVE-
 MENTS IN THE PARK.
   3.  AN  INCREASE ABOVE THREE PERCENT MAY BE CHALLENGED BY AN AGGRIEVED
 MANUFACTURED HOMEOWNER AS UNJUSTIFIED. MULTIPLE  AGGRIEVED  MANUFACTURED
 HOMEOWNERS  MAY JOIN IN THE SAME ACTION WHERE THERE IS A COMMON QUESTION
 OF LAW AND FACT.
   4. WITHIN NINETY DAYS OF THE PROPOSED INCREASE, AN AGGRIEVED  MANUFAC-
 TURED  HOMEOWNER  MAY CHALLENGE SUCH INCREASE BY FILING AN ACTION IN THE
 COURT OF APPROPRIATE SUBJECT MATTER JURISDICTION WHERE THE REAL PROPERTY
 IS LOCATED SEEKING A DECLARATORY JUDGMENT  THAT  THE  RENT  INCREASE  IS
 UNJUSTIFIABLE.
   5. IN ANY PROCEEDING UNDER THIS SECTION THERE SHALL BE AN IRREBUTTABLE
 PRESUMPTION  THAT A RENT INCREASE IS JUSTIFIABLE WHEN THE AMOUNT OF SUCH
 INCREASE DOES NOT EXCEED THE TENANT'S PRO-RATA SHARE IN OPERATING  COSTS
 AND  PROPERTY TAXES FOR THE MANUFACTURED HOME PARK IN WHICH THE MANUFAC-
 TURED HOME OWNER RESIDES.
   6. (A) IN DETERMINING WHETHER A  RENT  INCREASE  IS  PERMISSIBLE,  THE
 COURT  SHALL  CONSIDER  THE PROVISIONS OF PARAGRAPHS (A), (B) AND (C) OF
 SUBDIVISION TWO OF  THIS  SECTION.    NOTWITHSTANDING  THE  ABOVE,  RENT
 INCREASES  SHALL NOT EXCEED SIX PERCENT ABOVE THE RENT SINCE THE CURRENT
 RENT BECAME EFFECTIVE, EXCEPT UPON THE APPROVAL OF A TEMPORARY  HARDSHIP
 APPLICATION  BY  THE  COURT. IN ADDITION TO THE PROVISIONS OF THIS PARA-
 GRAPH AND PARAGRAPHS (B) AND (C) OF THIS  SUBDIVISION  THE  COURT  SHALL
 TAKE  INTO  ACCOUNT  THE  FOLLOWING  FACTORS WHEN DETERMINING WHETHER TO
 GRANT A TEMPORARY HARDSHIP APPLICATION:
   (I) THE AMOUNT OF INCREASE BEING SOUGHT BY THE PARK OWNERS;
   (II) THE ABILITY OF THE MANUFACTURED HOME OWNER TO PAY  SUCH  INCREASE
 INCLUDING WHETHER THE INCREASE WOULD HAVE AN UNREASONABLE ADVERSE IMPACT
 ON THE MANUFACTURED HOME OWNER;
   (III)  THE  AMOUNT  OF TIME AND NOTICE THE MANUFACTURED HOME OWNER MAY
 NEED IN ORDER TO PAY A TEMPORARY RENT INCREASE;
   (IV) THE DURATION THE  PARK  OWNERS  INTEND  FOR  THE  TEMPORARY  RENT
 INCREASE TO LAST;
   (V)  THE CAUSE OF THE HARDSHIP THE RENT INCREASE IS BEING REQUESTED TO
 ALLEVIATE, INCLUDING WHETHER THE HARDSHIP WAS DUE  TO  OWNER  NEGLIGENCE
 AND MALFEASANCE;
   (VI)  THE  ABILITY OF THE PARK OWNERS TO UTILIZE OTHER MEANS BESIDES A
 RENT INCREASE TO ALLEVIATE SAID HARDSHIP;
   (VII) THE LIKELIHOOD THAT THE PROPERTY THE MANUFACTURED HOME  PARK  IS
 LOCATED  ON  WILL GO INTO FORECLOSURE IF A TEMPORARY RENT INCREASE ABOVE
 SIX PERCENT IS NOT GRANTED;
   (VIII) ANY OTHER FACTOR THAT WILL JEOPARDIZE THE ABILITY OF  THE  PARK
 TO LEGALLY OPERATE.
   (B)  A  COURT  ORDER  APPROVING A TEMPORARY HARDSHIP APPLICATION SHALL
 STATE FOR EACH MANUFACTURED HOME OWNER:
   (I) THE AMOUNT OF THE RENT INCREASE;
   (II) THE DATE THE RENT INCREASE IS TO TAKE EFFECT;
   (III) THE DATE THE INCREASE IS TO END;
   (IV) THE AMOUNT THE RENT WILL RETURN TO; AND
   (V) THE COURT'S FINDINGS AS TO THE FACTORS NECESSITATING  A  TEMPORARY
 INCREASE.
   (C) UPON A FINDING BY THE COURT THAT THE MANUFACTURED HOME PARK SHOULD
 BE  GRANTED  A HARDSHIP EXEMPTION, THE AMOUNT OF ANY RENT INCREASE SHALL
 BE THE MINIMUM AMOUNT TO ALLEVIATE THE HARDSHIP.  AN  ORDER  GRANTING  A
 TEMPORARY  RENT  INCREASE SHALL NOT EXCEED SIX MONTHS. THE ORDER MUST BE
 SERVED ON THE MANUFACTURED HOME  OWNERS  AND  ALL  KNOWN  LEGAL  TENANTS

 S. 6458                            74                            A. 8281
 
 PURSUANT TO THE RULES OF CIVIL PROCEDURE WITHIN THIRTY DAYS OF THE COURT
 ORDER, THE COST OF WHICH SHALL BE ON THE MANUFACTURED HOME PARK OWNER.
   7.  THE COURT MAY CONDITION ITS APPROVAL OF ANY RENT INCREASE UPON THE
 REDRESS OF CONDITIONS IN THE MANUFACTURED HOME PARK WHICH  THREATEN  THE
 HEALTH AND SAFETY OF THE MANUFACTURED HOME TENANT.
   8.  WHILE  A  CHALLENGE TO A RENT INCREASE PURSUANT TO THIS SECTION IS
 PENDING, MANUFACTURED HOME PARK TENANTS SHALL PAY THE AMOUNT OF THE RENT
 INCREASE TO THE MANUFACTURED HOME PARK OWNER WHO SHALL HOLD SUCH AMOUNTS
 IN ESCROW PENDING A MEDIATED AGREEMENT BETWEEN THE PARTIES  OR  A  FINAL
 DECISION  FROM  THE COURTS, PROVIDED, HOWEVER, THAT NO MANUFACTURED HOME
 PARK TENANT SHALL BE EVICTED FOR NON-PAYMENT OF THE RENT INCREASE  PRIOR
 TO  THE FINAL DISPOSITION OF THE MATTER BY THE COURT IN THE COUNTY WHERE
 THE MANUFACTURED HOME PARK IS LOCATED. FAILURE BY THE MANUFACTURED  HOME
 PARK  OWNER  TO  PLACE  SUCH CHALLENGED RENT INCREASE IN ESCROW SHALL BE
 PUNISHABLE BY A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS.  IF
 THE  PETITIONERS APPEAL, THE MANUFACTURED HOME PARK OWNER MAY REMOVE THE
 RENT INCREASE FUNDS FROM ESCROW, MINGLE SUCH FUNDS WITH ANY OTHER FUNDS,
 AND COMMENCE A NONPAYMENT PROCEEDING IN THE COURT OF APPROPRIATE  JURIS-
 DICTION  AGAINST  A TENANT WHO HAS NOT PAID THE INCREASE OF RENT. IF THE
 COURT ENTERS A FINAL JUDGMENT DECLARING THE RENT INCREASES OR  ANY  PART
 THEREOF  UNJUSTIFIABLE  AND  IMPERMISSIBLE,  THE  MANUFACTURED HOME PARK
 OWNER SHALL REFUND THE AMOUNT OF  THE  IMPERMISSIBLE  INCREASE  TO  EACH
 TENANT HOUSEHOLD.
   §  13. Severability.  If any provision of this act, or any application
 of any provision of this act, is held to  be  invalid,  that  shall  not
 affect the validity or effectiveness of any other provision of this act,
 or  of  any application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   §  14.  This act shall take effect on the thirtieth day after it shall
 have become a law.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment 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.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through O of this act shall  be
 as specifically set forth in the last section of such Parts.

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Senate Bill S6458

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 14, 2019 - Floor Vote

Floor Vote: Jun 14, 2019

Jun 14, 2019 - Rules Committee Vote

Rules Committee Vote: Jun 14, 2019

co-Sponsors

2019-S6458 (ACTIVE) - Details

2019-S6458 (ACTIVE) - Summary

2019-S6458 (ACTIVE) - Sponsor Memo

2019-S6458 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6458

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Sponsored By

Archive: Last Bill Status - Signed by Governor

co-Sponsors

2019-S6458 (ACTIVE) - Details

2019-S6458 (ACTIVE) - Summary

2019-S6458 (ACTIVE) - Sponsor Memo

2019-S6458 (ACTIVE) - Bill Text download pdf

Comments