S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4877
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2025
                                ___________
 
 Introduced  by  M.  of A. SHRESTHA, SHIMSKY, KELLES, ROMERO -- read once
   and referred to the Committee on Housing
 
 AN ACT to amend the emergency tenant protection act of  nineteen  seven-
   ty-four, in relation to enacting the rent emergency stabilization  for
   tenants act on local determinations of a housing emergency

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "rent emergency stabilization for tenants act".
   §  2.  Section  3  of  section  4  of chapter 576 of the laws of 1974,
 constituting the emergency tenant protection act  of  nineteen  seventy-
 four, subdivision a as amended by chapter 69 of the laws of 1980, subdi-
 visions  d,  f  and  g  as  added by chapter 698 of the laws of 2023 and
 subdivision e as amended by chapter 100 of the laws of 2024, is  amended
 to read as follows:
   § 3. Local determination of emergency; end of emergency. a. The exist-
 ence  of  public emergency requiring the regulation of residential rents
 for all or any class or classes of housing accommodations, including any
 plot or parcel of land which had been rented prior to May  first,  nine-
 teen  hundred fifty, for the purpose of permitting the tenant thereof to
 construct or place [his] SUCH TENANT'S own dwelling thereon and on which
 plot or parcel of land there exists a dwelling owned and occupied  by  a
 tenant  of  such  plot or parcel, heretofore destabilized; heretofore or
 hereafter decontrolled, exempt, not subject to control, or exempted from
 regulation and control under the provisions  of  the  emergency  housing
 rent  control  law,  the local emergency housing rent control act or the
 New York city rent stabilization law of nineteen hundred sixty-nine;  or
 subject  to  stabilization or control under such rent stabilization law,
 shall be a matter for local determination  within  each  city,  town  or
 village.  Any  such determination shall be made by the local legislative
 body of such city, town or village on the basis of the supply of housing
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05109-03-5
              

 A. 4877                             2
 
 accommodations within such city, town or village, the condition of  such
 accommodations  and  the need for regulating and controlling residential
 rents within such city, town or village.
   [A]  B.  FOR  A  CITY HAVING A POPULATION OF ONE MILLION OR MORE RESI-
 DENTS, A declaration of emergency may be made as to any class of housing
 accommodations if the vacancy rate for  the  housing  accommodations  in
 such class within such municipality is not in excess of five percent and
 a  declaration of emergency may be made as to all housing accommodations
 if the vacancy rate for the housing accommodations within  such  munici-
 pality is not in excess of five percent.
   [b.]  C. FOR A CITY HAVING A POPULATION OF LESS THAN ONE MILLION RESI-
 DENTS OR A TOWN OR VILLAGE, THE LOCAL LEGISLATIVE  BODY  MAY  DECLARE  A
 HOUSING  EMERGENCY THROUGH THE PROCESS DESCRIBED IN PARAGRAPH ONE OR TWO
 OF THIS SUBDIVISION.
   (1) THE LOCAL LEGISLATIVE BODY MAY DECLARE A HOUSING  EMERGENCY  AFTER
 CONSIDERING  PUBLICLY AVAILABLE DATA AND HOLDING PUBLIC HEARINGS. BEFORE
 DECLARING SUCH EMERGENCY, THE  LOCAL  LEGISLATIVE  BODY  SHALL  CONSIDER
 PUBLICLY  AVAILABLE DATA MEASURING OR ESTIMATING FACTORS SUCH AS:  OVER-
 ALL HOUSING SUPPLY, VACANCY RATE FOR HOUSING ACCOMMODATIONS, THE  AVAIL-
 ABILITY OF AFFORDABLE AND HABITABLE HOUSING ACCOMMODATIONS, RENT BURDENS
 FOR  TENANTS  OR  OTHER  MEASURES OF HOUSING AFFORDABILITY, THE LOCAL OR
 REGIONAL HOMELESSNESS RATE, AND THE NEED  FOR  REGULATING  RENTS  WITHIN
 SUCH CITY, TOWN OR VILLAGE.
   (2)  THE  LOCAL  LEGISLATIVE  BODY  MAY DECLARE AN EMERGENCY AS TO ANY
 CLASS OF HOUSING ACCOMMODATIONS IF THE VACANCY  RATE  FOR  SUCH  HOUSING
 ACCOMMODATIONS  IN  SUCH CLASS WITHIN SUCH MUNICIPALITY IS NOT IN EXCESS
 OF FIVE PERCENT AND A DECLARATION OF EMERGENCY MAY BE  MADE  AS  TO  ALL
 HOUSING  ACCOMMODATIONS  IF  THE  VACANCY  RATE FOR THE HOUSING ACCOMMO-
 DATIONS WITHIN SUCH  MUNICIPALITY IS NOT IN EXCESS OF FIVE PERCENT.
   (I) A MUNICIPALITY OR A DESIGNEE, AS PART OF A STUDY TO DETERMINE  ITS
 VACANCY  RATE,  OWNERS, OR THEIR AGENT, OF HOUSING ACCOMMODATIONS IN THE
 CLASS OF HOUSING  ACCOMMODATIONS  DETERMINED,  SHALL  PROVIDE  THE  MOST
 RECENT  RECORDS OF RENT ROLLS AND, IF AVAILABLE, RECORDS FOR THE PRECED-
 ING THIRTY-SIX MONTHS. SUCH RECORDS SHALL INCLUDE THE TENANT'S  RELEVANT
 INFORMATION  RELATING  TO  FINDING THE VACANCY RATE OF SUCH MUNICIPALITY
 INCLUDING BUT NOT LIMITED TO THE  NAME,  ADDRESS,  AND  AMOUNT  PAID  OR
 CHARGED  ON A WEEKLY, MONTHLY, OR ANNUAL BASIS FOR EACH OCCUPIED HOUSING
 ACCOMMODATION AND WHICH HOUSING ACCOMMODATIONS ARE VACANT AT THE TIME OF
 THE SURVEY AND AVAILABLE FOR RENT. SUCH RECORDS SHALL ALSO  INCLUDE  ANY
 HOUSING  ACCOMMODATIONS  THAT  ARE VACANT AND NOT AVAILABLE FOR RENT AND
 PROVIDE THE REASON WHY SUCH UNIT IS NOT AVAILABLE FOR RENT.
   (II) A MUNICIPALITY MAY IMPOSE A CIVIL PENALTY OR FEE OF  UP  TO  FIVE
 HUNDRED  DOLLARS ON AN OWNER OR THEIR AGENT IF SUCH OWNER OR THEIR AGENT
 REFUSES TO PARTICIPATE IN SUCH VACANCY SURVEY AND  COOPERATE  WITH  SUCH
 MUNICIPALITY  OR A DESIGNEE IN SUCH VACANCY SURVEY, OR SUBMITS KNOWINGLY
 AND INTENTIONALLY FALSE VACANCY INFORMATION.
   (III) A NONRESPONDENT OWNER SHALL BE DEEMED TO HAVE ZERO VACANCIES.
   (IV) IDENTIFYING DATA OR INFORMATION SHALL BE  KEPT  CONFIDENTIAL  AND
 SHALL  NOT BE SHARED, TRADED, GIVEN, OR SOLD TO ANY OTHER ENTITY FOR ANY
 PURPOSE OUTSIDE OF SUCH VACANCY STUDY.
   D. A CITY OF UNDER ONE MILLION RESIDENTS OR A TOWN OR VILLAGE MAY  ADD
 CLASSES  OF  ACCOMMODATION  TO  REGULATION  UNDER  THIS ACT IN BUILDINGS
 CONTAINING FEWER THAN SIX UNITS.
   E. The local governing body of a city, town or village having declared
 an emergency pursuant to subdivision a, B, OR C of this section  may  at
 any  time,  on  the basis of the supply of housing accommodations within
 A. 4877                             3
 
 such city, town or village, the condition of such accommodations and the
 need for continued regulation and control of  residential  rents  within
 such  municipality,  declare  that  the  emergency  is  either wholly or
 partially  abated  or  that the regulation of rents pursuant to this act
 does not serve to abate such emergency and thereby remove  one  or  more
 classes of accommodations from regulation under this act. [The emergency
 must  be  declared at an end once the vacancy rate described in subdivi-
 sion a of this section exceeds five percent.
   c.] F. No resolution declaring the existence or end of  an  emergency,
 as  authorized  by  subdivisions a [and], b OR C of this section, may be
 adopted except after public hearing held  on  not  less  than  ten  days
 public notice, as the local legislative body may reasonably provide.
   [d.  When  requested  by  a municipality or a designee, as a part of a
 study to determine its vacancy rate, owners, or their agent, of  housing
 accommodations  in the class of housing accommodations determined, shall
 provide the most recent records of rent rolls and, if available, records
 for the preceding thirty-six months.  Such  records  shall  include  the
 tenant's  relevant  information  relating to finding the vacancy rate of
 such municipality including but not limited to the  name,  address,  and
 amount  paid  or  charged on a weekly, monthly, or annual basis for each
 occupied housing accommodation  and  which  housing  accommodations  are
 vacant  at  the  time of the survey and available for rent. Such records
 shall also include any housing accommodations that are  vacant  and  not
 available for rent and provide the reason why such unit is not available
 for rent.
   e.  A  municipality  may  impose  a civil penalty or fee of up to five
 hundred dollars on an owner or their agent if the owner or  their  agent
 refuses  to  participate  in  such vacancy survey and cooperate with the
 municipality or a designee in such vacancy survey, or submits  knowingly
 and intentionally false vacancy information.
   f. A nonrespondent owner shall be deemed to have zero vacancies.
   g.  Identifying  data  or  information  shall be kept confidential and
 shall not be shared, traded, given, or sold to any other entity for  any
 purpose outside of such vacancy study.]
   §  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 5-b to read as
 follows:
   (5-B) HOUSING ACCOMMODATIONS LOCATED IN A CITY HAVING A POPULATION  OF
 LESS  THAN  ONE  MILLION  RESIDENTS  OR  A  TOWN OR VILLAGE IN BUILDINGS
 COMPLETED OR BUILDINGS SUBSTANTIALLY REHABILITATED AS FAMILY UNITS WITH-
 IN THE PAST FIFTEEN YEARS.
   § 4. This act shall take effect immediately.