S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7993
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             September 1, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the administrative code of the city  of  New  York,  the
   emergency tenant protection act of nineteen seventy-four and the emer-
   gency  housing rent control law, in relation to requiring the replace-
   ment of certain rent stabilized housing accommodations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 4 of chapter 274 of the laws of 1946, constituting
 the emergency housing rent control law,  is  amended  by  adding  a  new
 subdivision 2-c to read as follows:
   2-C.  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, WHERE A
 HOUSING ACCOMMODATION SUBJECT TO THE PROVISIONS OF THIS ACT IS  LOST  OR
 DESTROYED  DUE  TO  FIRE,  NATURAL  DISASTER,  ACT OF GOD, ACT OF WAR OR
 EMINENT DOMAIN, SUCH HOUSING ACCOMMODATION  SHALL  BE  REPLACED  IN  ANY
 SUCCEEDING  CONSTRUCTION  ON  THE  SAME PARCEL. SUCH REPLACEMENT HOUSING
 ACCOMMODATION SHALL BE SUBSTANTIALLY SIMILAR TO THE LOST HOUSING  ACCOM-
 MODATION AND SHALL BE SUBJECT TO THE PROVISIONS OF THIS ACT WITH A MAXI-
 MUM  RENT THAT IS EQUAL TO THE MAXIMUM RENT OF THE LOST HOUSING ACCOMMO-
 DATION.
   § 2. Section 5 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 g to read as follows:
   G. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, WHERE A HOUS-
 ING ACCOMMODATION SUBJECT TO THE PROVISIONS  OF  THIS  ACT  IS  LOST  OR
 DESTROYED  DUE  TO  FIRE,  NATURAL  DISASTER,  ACT OF GOD, ACT OF WAR OR
 EMINENT DOMAIN, SUCH HOUSING ACCOMMODATION  SHALL  BE  REPLACED  IN  ANY
 SUCCEEDING  CONSTRUCTION  ON  THE  SAME PARCEL. SUCH REPLACEMENT HOUSING
 ACCOMMODATION SHALL BE SUBSTANTIALLY SIMILAR TO THE LOST HOUSING  ACCOM-
 MODATION  AND  SHALL  BE  SUBJECT  TO THE PROVISIONS OF THIS ACT WITH AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01779-01-3
 A. 7993                             2
              

 
 INITIAL MAXIMUM RENT THAT IS EQUAL TO THE MAXIMUM RENT OF THE LOST HOUS-
 ING ACCOMMODATION.
   §  3.  The  administrative  code of the city of New York is amended by
 adding a new section 26-418 to read as follows:
   § 26-418 REPLACEMENT OF CERTAIN HOUSING ACCOMMODATIONS.  NOTWITHSTAND-
 ING ANY PROVISION OF LAW TO THE CONTRARY, WHERE A HOUSING  ACCOMMODATION
 SUBJECT  TO  THE  PROVISIONS OF THIS CHAPTER IS LOST OR DESTROYED DUE TO
 FIRE, NATURAL DISASTER, ACT OF GOD, ACT OF WAR OR EMINENT  DOMAIN,  SUCH
 HOUSING  ACCOMMODATION  SHALL BE REPLACED IN ANY SUCCEEDING CONSTRUCTION
 ON THE SAME PARCEL. SUCH  REPLACEMENT  HOUSING  ACCOMMODATION  SHALL  BE
 SUBSTANTIALLY  SIMILAR  TO  THE  LOST HOUSING ACCOMMODATION AND SHALL BE
 SUBJECT TO THE PROVISIONS OF THIS CHAPTER WITH AN INITIAL  MAXIMUM  RENT
 THAT IS EQUAL TO THE MAXIMUM RENT OF THE LOST HOUSING ACCOMMODATION.
   §  4.  The  administrative  code of the city of New York is amended by
 adding a new section 26-512.1 to read as follows:
   § 26-512.1 REPLACEMENT OF CERTAIN HOUSING  ACCOMMODATIONS.    NOTWITH-
 STANDING  ANY PROVISION OF LAW TO THE CONTRARY, WHERE A HOUSING ACCOMMO-
 DATION SUBJECT TO THE PROVISIONS OF THIS CHAPTER IS LOST  DUE  TO  FIRE,
 NATURAL DISASTER, ACT OF GOD, ACT OF WAR OR EMINENT DOMAIN, SUCH HOUSING
 ACCOMMODATION  SHALL  BE  REPLACED IN ANY SUCCEEDING CONSTRUCTION ON THE
 SAME PARCEL. SUCH REPLACEMENT HOUSING ACCOMMODATION  SHALL  BE  SUBSTAN-
 TIALLY SIMILAR TO THE LOST HOUSING ACCOMMODATION AND SHALL BE SUBJECT TO
 THE  PROVISIONS OF THIS CHAPTER WITH A MAXIMUM RENT THAT IS EQUAL TO THE
 MAXIMUM RENT OF THE LOST HOUSING ACCOMMODATION.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law;  provided that the amendments to the city rent and
 rehabilitation law made by section three 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 amendments to chapter 4
 of  title  26 of the administrative code of the city of New York 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 such law.