S T A T E   O F   N E W   Y O R K
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                                 4121--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on  Housing  --  recommitted to the Committee on Housing in accordance
  with Assembly Rule 3, sec. 2 -- 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 limiting rent increase after vacancy of a housing accommodation

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

  Section 1. Paragraph 5-a of subdivision c of  section  26-511  of  the
administrative  code of the city of New York, as amended by section 16-a
of part A of chapter 20 of the laws of  2015,  is  amended  to  read  as
follows:
  (5-a)  provides  that,  notwithstanding any provision of this chapter,
the legal regulated rent for any vacancy lease entered  into  after  the
effective  date  of  this  paragraph shall be as hereinafter provided in
this paragraph. The previous  legal  regulated  rent  for  such  housing
accommodation  shall  be  increased by the following: (i) if the vacancy
lease is for a term of two years, [twenty] THREE AND ONE-HALF percent of
the previous legal regulated rent; or (ii) if the vacancy lease is for a
term of one year the increase  shall  be  [twenty]  THREE  AND  ONE-HALF
percent of the previous legal regulated rent less an amount equal to the
difference  between (a) the two year renewal lease guideline promulgated
by the guidelines board of the city of New York applied to the  previous
legal  regulated  rent  and  (b)  the  one  year renewal lease guideline
promulgated by the guidelines board of the city of New York  applied  to
the  previous  legal  regulated rent. [However, where the amount charged
and paid by the prior tenant pursuant  to  paragraph  fourteen  of  this
subdivision,  was  less  than the legal regulated rent, such increase to
the legal regulated rent shall not exceed: five percent of the  previous
legal  regulated  rent if the last vacancy lease commenced less than two

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05284-03-6
              

A. 4121--A                          2

years ago; ten percent of the previous legal regulated rent if the  last
vacancy  lease  commenced  less than three years ago; fifteen percent of
the previous legal regulated rent if the last  vacancy  lease  commenced
less than four years ago; twenty percent of the previous legal regulated
rent  if  the  last  vacancy lease commenced four or more years ago.] In
addition, if the legal regulated rent was not increased with respect  to
such housing accommodation by a permanent vacancy allowance within eight
years  prior  to a vacancy lease executed on or after the effective date
of this paragraph, the legal regulated rent may be further increased  by
an  amount equal to the product resulting from multiplying such previous
legal regulated rent by six-tenths of one percent and further  multiply-
ing  the  amount  of rent increase resulting therefrom by the greater of
(A) the number of years since  the  imposition  of  the  last  permanent
vacancy  allowance,  or (B) if the rent was not increased by a permanent
vacancy allowance since the housing accommodation became subject to this
chapter, the number of years that such housing  accommodation  has  been
subject  to  this chapter. Provided that if the previous legal regulated
rent was less than three hundred dollars the total increase shall be  as
calculated  above plus one hundred dollars per month. Provided, further,
that if the previous legal regulated rent was  at  least  three  hundred
dollars  and  no  more  than  five hundred dollars in no event shall the
total increase pursuant to this  paragraph  be  less  than  one  hundred
dollars  per  month.  Such  increase  shall  be in lieu of any allowance
authorized for the one or two year renewal component thereof, but  shall
be  in addition to any other increases authorized pursuant to this chap-
ter including an adjustment based upon a major capital improvement, or a
substantial modification or increase of dwelling space or  services,  or
installation  of  new  equipment  or  improvements  or  new furniture or
furnishings provided in or to the housing accommodation pursuant to this
section. The increase authorized in this paragraph  may  not  be  imple-
mented  more  than  one  time  in any calendar year, notwithstanding the
number of vacancy leases entered into in such year.
  S 2. Subdivision (a-1) 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 16-b of part A  of  chapter
20 of the laws of 2015, is amended to read as follows:
  (a-1)  provides  that,  notwithstanding any provision of this act, the
legal regulated rent for any vacancy lease entered into after the effec-
tive date of this subdivision shall be as hereinafter set  forth.    The
previous  legal  regulated  rent for such housing accommodation shall be
increased by the following: (i) if the vacancy lease is for  a  term  of
two  years,  [twenty]  THREE  AND ONE-HALF percent of the previous legal
regulated rent; or (ii) if the vacancy lease is for a term of  one  year
the  increase shall be [twenty] THREE AND ONE-HALF percent of the previ-
ous legal regulated rent less an amount equal to the difference  between
(a)  the  two year renewal lease guideline promulgated by the guidelines
board of the county  in  which  the  housing  accommodation  is  located
applied  to  the  previous  legal  regulated  rent  and (b) the one year
renewal lease guideline promulgated by the guidelines board of the coun-
ty in which the housing accommodation is located applied to the previous
legal regulated rent.  [However, where the amount charged  and  paid  by
the prior tenant pursuant to paragraph fourteen of this subdivision, was
less than the legal regulated rent, such increase to the legal regulated
rent  shall  not  exceed:   five percent of the previous legal regulated
rent if the last vacancy lease commenced less than two  years  ago;  ten
percent  of  the  previous  legal  regulated  rent  if  the last vacancy

A. 4121--A                          3

commenced less than three years ago; fifteen  percent  of  the  previous
legal  regulated rent if the last vacancy lease commenced less than four
years ago; twenty percent of the previous legal regulated  rent  if  the
last  vacancy  lease  commenced four or more years ago.] In addition, if
the legal regulated rent was not increased with respect to such  housing
accommodation  by a permanent vacancy allowance within eight years prior
to a vacancy lease executed on or  after  the  effective  date  of  this
subdivision,  the  legal  regulated  rent may be further increased by an
amount equal to the product resulting  from  multiplying  such  previous
legal  regulated rent by six-tenths of one percent and further multiply-
ing the amount of rent increase resulting therefrom by  the  greater  of
(A)  the  number  of  years  since  the imposition of the last permanent
vacancy allowance, or (B) if the rent was not increased by  a  permanent
vacancy allowance since the housing accommodation became subject to this
act,  the  number  of  years  that  such  housing accommodation has been
subject to this act. Provided that if the previous legal regulated  rent
was  less  than  three  hundred  dollars  the total increase shall be as
calculated above plus one hundred dollars per month. Provided,  further,
that  if  the  previous  legal regulated rent was at least three hundred
dollars and no more than five hundred dollars  in  no  event  shall  the
total  increase  pursuant  to  this subdivision be less than one hundred
dollars per month. Such increase shall  be  in  lieu  of  any  allowance
authorized  for the one or two year renewal component thereof, but shall
be in addition to any other increases authorized pursuant  to  this  act
including  an  adjustment  based  upon a major capital improvement, or a
substantial modification or increase of dwelling space or  services,  or
installation  of  new  equipment  or  improvements  or  new furniture or
furnishings provided in or to  the  housing  accommodation  pursuant  to
section  six  of this act.   The increase authorized in this subdivision
may not be implemented more than one time in any calendar year, notwith-
standing the number of vacancy leases entered into in such year.
  S 3. This act shall take effect immediately; provided that the  amend-
ments  to  section  26-511  of  the  rent  stabilization law of nineteen
hundred sixty-nine made by section one 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  provided,
further,  that  the  amendments  to  section  4  of the emergency tenant
protection act of nineteen seventy-four made by section two 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.