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

                                   359

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of A. DINOWITZ, JACOBS, ROSENTHAL, COLTON, GIBSON --
  Multi-Sponsored by -- M. of A.  GLICK,  GOTTFRIED  --  read  once  and
  referred to the Committee on Housing

AN  ACT  to amend the emergency tenant protection act of nineteen seven-
  ty-four and the administrative code  of  the  city  of  New  York,  in
  relation to the rent guidelines board

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

  Section 1. 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 486 of the  laws  of  1976,
the  opening paragraph as amended by chapter 403 of the laws of 1983 and
the second and third undesignated paragraphs as amended by  chapter  330
of the laws of 1980, is amended to read as follows:
  b.  A county rent guidelines board shall establish annually 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 accommodations 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 inter-
est), (iv) over-all supply of housing accommodations and over-all vacan-
cy 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 thereaft-
er not later than July first of each year, a rent guidelines board shall

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

                                                           LBD01158-01-3

A. 359                              2

file  with the state division of housing and community renewal its find-
ings 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 accommodation subject to this act,
authorized for leases or other rental agreements commencing  during  the
next  succeeding twelve months.  THE MAXIMUM RATE OR RATES OF ADJUSTMENT
SHALL NOT EXCEED TWO PERCENT, OR ONE HUNDRED TWENTY PERCENT OF THE  RATE
OF INFLATION, WHICHEVER IS LOWER. The standards for rent adjustments 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.
  The  standards  for  rent  adjustments  established  annually shall be
effective for leases commencing on October first of each year and during
the next succeeding twelve months whether or not the board has filed its
findings and statement of the maximum rate or rates of  rent  adjustment
by  July  first  of each year. If such lease is entered into before such
filing by the board, it may provide for the rent to be adjusted  by  the
rates  then in effect, subject to change by the applicable rates of rent
adjustment when filed, such change to be effective as of the date of the
commencement of the lease. Said lease must  provide  that,  if  the  new
rates  of  rent  adjustment  differ  for  leases of different terms, the
tenant has the option of changing the original lease term to  any  other
term  for  which a rate of rent adjustment is set by the board, with the
rental to be adjusted accordingly.
  Where a city, town or village shall act to determine the existence  of
public emergency pursuant to section three of this act subsequent to the
establishment  of annual guidelines for rent adjustments of the accommo-
dations subject to this act, the rent guidelines board as soon as  prac-
ticable  thereafter shall file its findings and rates of rent adjustment
for leases or other rental agreements for the housing accommodations  in
such  a city, town or village, which rates shall be effective for leases
or other rental agreements commencing on or after the effective date  of
the determination.
  S 2. 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 guidelines for
rent adjustments, and in determining whether rents for housing  accommo-
dations  subject  to  the  emergency  tenant  protection act of nineteen
seventy-four or this law shall be adjusted shall consider,  among  other
things  (1) the economic condition of the residential real estate indus-
try 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. THE MAXIMUM
RATE OR RATES OF ADJUSTMENT SHALL NOT EXCEED TWO PERCENT, OR ONE HUNDRED
TWENTY PERCENT OF THE RATE OF INFLATION, WHICHEVER IS LOWER.  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 accommodations
subject to this law, authorized for leases or  other  rental  agreements
commencing  on  the  next  succeeding October first or within the twelve

A. 359                              3

months thereafter. Such findings and statement shall be published in the
City Record.
  S  3.  This act shall take effect immediately; provided, however, that
the amendment to section 4 of the emergency  tenant  protection  act  of
nineteen  seventy-four  made  by section one 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,
as  amended; and provided further, that the amendments to section 26-510
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.