NY State Senate Bill 2015-S1178

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to housing, construction and community development
Jan 09, 2015	referred to housing, construction and community development

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2015-S1178 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-511, NYC Ad Cd; amd §10, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6084
2011-2012: S2341
2013-2014: S1024
2017-2018: S3107
2019-2020: S3572

2015-S1178 (ACTIVE) - Summary

Limits the amount of rent increase after the vacancy of a housing accommodation.

2015-S1178 (ACTIVE) - Sponsor Memo

2015-S1178 (ACTIVE) - Bill Text download pdf

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

                                  1178

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced  by  Sens. SERRANO, AVELLA, HOYLMAN, KRUEGER, PERALTA, SAVINO
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Housing, Construction and Community Development

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 7  of
part B of chapter 97 of the laws of 2011, 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] TEN 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] TEN 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. 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 multiplying the amount of  rent  increase  resulting

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04485-01-5

S. 1178                             2

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  accommo-
dation  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 ther-
eof, but shall be in addition to any other increases authorized pursuant
to this chapter 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 implemented more than one time in  any  calendar  year,  notwith-
standing 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 8 of part B of chapter 97
of the laws of 2011, 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] TEN 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]  TEN  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 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 county in which  the  housing  accommodation  is
located  applied  to  the previous legal regulated rent. 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

S. 1178                             3

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.

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Senate Bill S1178

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