S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1865

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL,  SILVER, BRENNAN, LENTOL, WRIGHT,
  CAMARA, BROOK-KRASNY, SCHIMEL, KAVANAGH, GOTTFRIED, DINOWITZ,  LAVINE,
  COLTON, TITUS, FARRELL, ORTIZ, BENEDETTO, HOOPER, ROBINSON, ZEBROWSKI,
  GLICK,  MOSLEY, WEPRIN, DAVILA -- Multi-Sponsored by -- M. of A. COOK,
  CYMBROWITZ, HEASTIE, JAFFEE, MARKEY, PEOPLES-STOKES,  PERRY,  PRETLOW,
  RIVERA,  SCARBOROUGH,  SEPULVEDA  --  read  once  and  referred to the
  Committee on Housing

AN ACT to amend the administrative code of the city of New York and  the
  emergency  tenant protection act of nineteen seventy-four, in relation
  to making conforming technical changes; and to repeal paragraph 13  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  (n) of subdivision 2 of section 2 of chapter
  274 of the laws of  1946,  constituting  the  emergency  housing  rent
  control  law, and section 26-504.2 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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  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 and the reinstatement of  regulation  of  certain  housing
accommodations that have been deregulated upon vacancy.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02559-02-5
              

A. 1865                             2

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.
  S 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.
  S 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.
  S 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.
  S  5.  Section  26-504.2 of the administrative code of the city of New
York is REPEALED.
  S 6. Any housing accommodations that on or after January 1, 2007  were
excluded from coverage from the emergency tenant protection act of nine-
teen  seventy-four, the emergency housing rent control law or the admin-
istrative code of the city of New York pursuant to the provisions of law
repealed by sections two, three, four and five  of  this  act  shall  be
subject  to  the  provisions  of  such  act, law or administrative code,
respectively.  Notwithstanding the provisions of  any  lease  or  rental
agreement,  the  legal regulated rent or maximum collectible rent of any
housing accommodation excluded from regulation on or  after  January  1,
2007  by  reason of the provisions repealed by sections two, three, four
and five of this act shall  be  the  legal  regulated  rent  or  maximum
collectible  rent applicable to such accommodation on December 31, 2006,
subject to further adjustment in accordance with  applicable  provisions
of law.
  S  7.  Any  housing accommodations that prior to the effective date of
this  act  were  excluded  from  coverage  from  the  emergency   tenant
protection  act  of  nineteen  seventy-four,  the emergency housing rent
control law or the administrative code of the city of New York  pursuant
to the provisions of law repealed by sections two, three, four, and five
of  this act, and where such housing accommodations were located outside
the city of New York and were rented to a tenant on or after January  1,
2015  for  less than $3,500 per month or were located within the city of
New York and were rented to a tenant on or after  January  1,  2015  for
less  than  $5,000.00  per  month, shall be subject to the provisions of
such act, law or administrative code, respectively.  Notwithstanding the
provisions of any lease or rental agreement, the legal regulated rent or
maximum collectible rent of  any  housing  accommodation  excluded  from
regulation prior to January 1, 2015 by reason of the provisions repealed
by  sections  two,  three, four and five of this act and made subject to
regulation shall be the actual rent applicable  to  such  accommodations
one  hundred  eighty days prior to the effective date of this act or the
first rent applicable to such accommodation on or  after  the  effective
date  of  this  act,  subject  to  further adjustment in accordance with
applicable provisions of law.

A. 1865                             3

  S 8. Paragraph 14 of subdivision c of section 26-511 of  the  adminis-
trative code of the city of New York, as amended by section 14 of part B
of chapter 97 of the laws of 2011, 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 accommo-
dation, 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. [Where, subsequent to  vacancy,  such
legal  regulated  rent, as adjusted by the most recent applicable guide-
lines increases and any other increases authorized by law is  two  thou-
sand  dollars  or more per month or, for any housing accommodation which
is or becomes vacant on or after the effective date of the rent  act  of
2011, is two thousand five hundred dollars or more per month, such hous-
ing  accommodation  shall  be  excluded  from the provisions of this law
pursuant to section 26-504.2 of this chapter.]
  S 9. Subdivision a-2 of section 10 of section 4 of chapter 576 of  the
laws  of  1974 constituting the emergency tenant protection act of nine-
teen seventy-four, as amended by section 13 of part B of chapter  97  of
the laws of 2011, is amended to read as follows:
  (a-2)  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 other
increases  authorized  by law. [Where, subsequent to vacancy, such legal
regulated rent, as adjusted by the  most  recent  applicable  guidelines
increases  and  any  other  increases  authorized by law is two thousand
dollars or more per month or, for any housing accommodation which is  or
becomes  vacant  on or after the effective date of the rent act of 2011,
is two thousand five hundred dollars or more  per  month,  such  housing
accommodation shall be excluded from the provisions of this act pursuant
to paragraph thirteen of subdivision a of section five of this act.]
  S 10. This act shall take effect immediately; provided, however, that:
  (a)  the  amendments to section 26-511 of chapter 4 of title 26 of the
administrative code of the city of New York made  by  section  eight  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; and
  (b) the amendments to subdivision a-2 of section 10 of  section  4  of
the  emergency  tenant  protection  act of nineteen seventy-four made by
section nine of this act shall expire on  the  same  date  as  such  act
expires  and  shall not affect the expiration of such act as provided in
section 17 of chapter 576 of the laws of 1974.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1865--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL,  SILVER, BRENNAN, LENTOL, WRIGHT,
  BROOK-KRASNY, SCHIMEL, KAVANAGH, GOTTFRIED, DINOWITZ, LAVINE,  COLTON,
  TITUS,  FARRELL, ORTIZ, BENEDETTO, HOOPER, ROBINSON, ZEBROWSKI, GLICK,
  MOSLEY, WEPRIN, DAVILA, PICHARDO, BICHOTTE -- Multi-Sponsored by -- M.
  of A. COOK, CYMBROWITZ, JAFFEE, MARKEY, PEOPLES-STOKES,  PERRY,  PRET-
  LOW,  RIVERA,  SCARBOROUGH, SEPULVEDA -- read once and referred to the
  Committee on Housing -- committee discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the administrative code of the city of New York and the
  emergency tenant protection act of nineteen seventy-four, in  relation
  to  making conforming technical changes; and to repeal paragraph 13 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 (n) of subdivision 2 of section 2  of  chapter
  274  of  the  laws  of  1946,  constituting the emergency housing rent
  control law, and section 26-504.2 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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  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  and  the  reinstatement of regulation of certain housing
accommodations that have been deregulated upon vacancy.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02559-04-5
              

A. 1865--A                          2

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.
  S 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.
  S 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.
  S 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.
  S  5.  Section  26-504.2 of the administrative code of the city of New
York is REPEALED.
  S 6. Any housing accommodations that prior to the  effective  date  of
this   act  were  excluded  from  coverage  from  the  emergency  tenant
protection act of nineteen  seventy-four,  the  emergency  housing  rent
control  law or the administrative code of the city of New York pursuant
to the provisions of law repealed by sections two, three, four and  five
of  this act, and where such housing accommodations were located outside
the city of New York and were rented to a tenant between January 1, 2013
and the effective date of this act for less  than  $3,500.00  per  month
regardless  of  any subsequent payment of a higher monthly rent, or were
located within the city of New York and were rented to a tenant  between
January  1,  2013  and  the  effective  date  of  this act for less than
$5,000.00 per month, regardless of any subsequent payment  of  a  higher
monthly  rent,  shall  be  subject to the provisions of such act, law or
administrative code, respectively.   Notwithstanding the  provisions  of
any  lease  or  rental  agreement,  the  legal regulated rent or maximum
collectible rent of any housing accommodation excluded  from  regulation
prior  to  the  effective  date  of this act by reason of the provisions
repealed by sections two, three, four and five  of  this  act  and  made
subject  to  regulation  shall  be  the  actual rent paid by a tenant on
December 31, 2014 or, if no rent was  paid  for  such  accommodation  on
December 31, 2014, the most recent actual rent paid by a tenant for such
accommodation  prior to December 31, 2014, subject to further adjustment
in accordance with applicable provisions of law.
  S 7. Paragraph 14 of subdivision c of section 26-511 of  the  adminis-
trative code of the city of New York, as amended by section 14 of part B
of chapter 97 of the laws of 2011, 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 accommo-
dation, 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. [Where, subsequent to  vacancy,  such
legal  regulated  rent, as adjusted by the most recent applicable guide-

A. 1865--A                          3

lines increases and any other increases authorized by law is  two  thou-
sand  dollars  or more per month or, for any housing accommodation which
is or becomes vacant on or after the effective date of the rent  act  of
2011, is two thousand five hundred dollars or more per month, such hous-
ing  accommodation  shall  be  excluded  from the provisions of this law
pursuant to section 26-504.2 of this chapter.]
  S 8. 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 13 of part B of chapter  97
of the laws of 2011, is amended to read as follows:
  (a-2)  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 other
increases  authorized  by law. [Where, subsequent to vacancy, such legal
regulated rent, as adjusted by the  most  recent  applicable  guidelines
increases  and  any  other  increases  authorized by law is two thousand
dollars or more per month or, for any housing accommodation which is  or
becomes  vacant  on or after the effective date of the rent act of 2011,
is two thousand five hundred dollars or more  per  month,  such  housing
accommodation shall be excluded from the provisions of this act pursuant
to paragraph thirteen of subdivision a of section five of this act.]
  S 9. This act shall take effect immediately; provided, however, that:
  (a)  the  amendments to section 26-511 of chapter 4 of title 26 of the
administrative code of the city of New York made  by  section  seven  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; and
  (b) the amendments to subdivision (a-2) of section 10 of section 4  of
the  emergency  tenant  protection  act of nineteen seventy-four made by
section eight of this act shall expire on the  same  date  as  such  act
expires  and  shall not affect the expiration of such act as provided in
section 17 of chapter 576 of the laws of 1974.