S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5636
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2021
                                ___________
 
 Introduced  by  M. of A. FITZPATRICK, ABBATE -- Multi-Sponsored by -- M.
   of A. BYRNES, MANKTELOW, SMITH  --  read  once  and  referred  to  the
   Committee on Housing
 
 AN  ACT to amend the emergency housing rent control law, the local emer-
   gency housing rent control act, the emergency tenant protection act of
   nineteen seventy-four and the administrative code of the city  of  New
   York,  in  relation  to  the  de-regulation of rent-stabilized housing
   accommodations upon vacancy
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (i) of subdivision 2 of section 2 of chapter 274
 of the laws of 1946, constituting the  emergency  housing  rent  control
 law,  as  amended by chapter 576 of the laws of 1974, is amended to read
 as follows:
   (i) housing accommodations which  become  vacant  ON  AND  AFTER  JUNE
 SIXTEENTH,   TWO  THOUSAND  TWENTY-TWO,  provided,  however,  that  this
 exemption shall not apply  or  become  effective  where  the  commission
 determines  or  finds  that  the  housing  accommodations  became vacant
 because the landlord or any person acting on his behalf, with intent  to
 cause the tenant to vacate, engaged in any course of conduct (including,
 but   not  limited  to,  interruption  or  discontinuance  of  essential
 services) which interfered with or disturbed or was intended  to  inter-
 fere  with  or disturb the comfort, repose, peace or quiet of the tenant
 in his use or occupancy of  the  housing  accommodations;  [and  further
 provided that housing accommodations as to which a housing emergency has
 been  declared  pursuant to the emergency tenant protection act of nine-
 teen seventy-four shall be subject to the provisions of such act for the
 duration of such emergency;] or
   § 2. The second undesignated paragraph of subdivision 5 of  section  1
 of  chapter  21  of  the  laws of 1962, constituting the local emergency
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08159-01-1
              

 A. 5636                             2
 
 housing rent control act, as amended by chapter 82 of the laws of  2003,
 is amended to read as follows:
   Notwithstanding  any  local  law  or ordinance, housing accommodations
 which [became] BECOME vacant  (A)  on  or  after  July  first,  nineteen
 hundred  seventy-one [or which hereafter become vacant], BUT BEFORE JUNE
 SIXTEENTH, TWO THOUSAND TWENTY-TWO shall be subject to the provisions of
 the emergency tenant protection act of nineteen seventy-four, AND (B) ON
 OR AFTER JUNE SIXTEENTH, TWO THOUSAND TWENTY-TWO SHALL  BE  EXEMPT  FROM
 REGULATIONS  AND CONTROL; provided, however, that [this provision] THESE
 EXEMPTIONS shall not apply or become effective with respect  to  housing
 accommodations  which,  by  local  law  or  ordinance, are made directly
 subject to regulation and control by a city housing rent agency and such
 agency determines or finds that the housing accommodations became vacant
 because the landlord or any person acting on his behalf, with intent  to
 cause  the tenant to vacate, engaged in any course of conduct (including
 but  not  limited  to,  interruption  or  discontinuance  of   essential
 services)  which  interfered with or disturbed or was intended to inter-
 fere with or disturb the comfort, repose, peace or quiet of  the  tenant
 in  his  use  or occupancy of the housing accommodations. The removal of
 any housing accommodation from regulation and control of rents  pursuant
 to  the  vacancy  [exemption]  EXEMPTIONS provided for in this paragraph
 shall not constitute or operate as a ground for the subjection  to  more
 stringent  regulation  and  control of any housing accommodation in such
 property or in any other property owned by the same  landlord,  notwith-
 standing any prior agreement to the contrary by the landlord. The vacan-
 cy  exemption  provided  for in SUBPARAGRAPH (A) OF this paragraph shall
 not arise with respect to any rented plot or parcel  of  land  otherwise
 subject  to the provisions of this act, by reason of a transfer of title
 and possession occurring on or after July first, nineteen hundred seven-
 ty-one, BUT BEFORE JUNE SIXTEENTH, TWO THOUSAND TWENTY-TWO, of a  dwell-
 ing  located  on  such plot or parcel and owned by the tenant where such
 transfer of title and possession is made to a  member  of  the  tenant's
 immediate  family  provided  that  the  member of the tenant's immediate
 family occupies the dwelling with the tenant prior to  the  transfer  of
 title and possession for a continuous period of two years.
   §  3.  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 3-a to read as
 follows:
   (3-A) HOUSING ACCOMMODATIONS WHICH BECOME  VACANT  ON  OR  AFTER  JUNE
 SIXTEENTH,   TWO  THOUSAND  TWENTY-TWO,  PROVIDED,  HOWEVER,  THAT  THIS
 EXEMPTION SHALL NOT APPLY TO OR BECOME EFFECTIVE WITH RESPECT TO HOUSING
 ACCOMMODATIONS WHICH THE COMMISSIONER DETERMINES OR FINDS BECAME  VACANT
 BECAUSE  THE  LANDLORD  OR  ANY PERSON ACTING ON HIS OR HER BEHALF, WITH
 INTENT TO CAUSE THE TENANT TO VACATE, ENGAGED IN ANY COURSE  OF  CONDUCT
 (INCLUDING,  BUT  NOT  LIMITED  TO,  INTERRUPTION  OR  DISCONTINUANCE OF
 REQUIRED SERVICES) WHICH INTERFERED WITH OR DISTURBED OR WAS INTENDED TO
 INTERFERE IN HIS OR HER USE OR OCCUPANCY OF THE HOUSING ACCOMMODATIONS;
   § 4. Section 26-504 of the administrative code of the city of New York
 is amended by adding a new subdivision d to read as follows:
   D. NOTWITHSTANDING ANY OF THE PROVISIONS OF THIS SECTION OR  TITLE  OR
 ANY  OTHER  PROVISIONS  OF  LAW, THIS LAW SHALL NOT APPLY TO ANY HOUSING
 ACCOMMODATION WHICH BECOMES VACANT ON OR AFTER JUNE SIXTEENTH, TWO THOU-
 SAND TWENTY-TWO PROVIDED, HOWEVER, THAT THIS EXEMPTION SHALL  NOT  APPLY
 TO  OR BECOME EFFECTIVE WITH RESPECT TO HOUSING ACCOMMODATIONS WHICH THE
 COMMISSIONER DETERMINES OR FINDS BECAME VACANT BECAUSE THE  LANDLORD  OR

 A. 5636                             3
 
 ANY  PERSON ACTING ON HIS OR HER BEHALF, WITH INTENT TO CAUSE THE TENANT
 TO VACATE, ENGAGED IN ANY COURSE OF CONDUCT (INCLUDING BUT  NOT  LIMITED
 TO, INTERRUPTION OR DISCONTINUANCE OF REQUIRED SERVICES) WHICH INTERFER-
 ED  WITH  OR  DISTURBED OR WAS INTENDED TO INTERFERE WITH OR DISTURB THE
 COMFORT, REPOSE, PEACE OR QUIET OF THE TENANT IN HIS OR HER USE OR OCCU-
 PANCY OF THE HOUSING ACCOMMODATIONS.
   § 5. This act shall take effect immediately; provided,  however,  that
 the  amendments to the local emergency housing rent control act, made by
 section two of this act, shall remain in full force and effect  only  so
 long  as  the  public  emergency requiring the regulation and control of
 residential rents and evictions continues, as provided in section  1  of
 chapter  21  of  the laws of 1962, as amended; and provided further that
 the amendments to the rent stabilization law of nineteen hundred  sixty-
 nine, made by section four of this act, shall expire on the same date as
 such  law  expires  and  shall  not affect the expiration of such law as
 provided under section 26-520 of the administrative code of the city  of
 New York.