S1193-2011 Actions

• Feb 3, 2012: PRINT NUMBER 1193A
• Feb 3, 2012: AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
• Jan 4, 2012: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
• Jan 5, 2011: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

S1193-2011 Memo

BILL NUMBER:S1193

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
This bill repeals provisions of New York State and New York City
statutes that remove apartments from rent stabilization or rent
control when such apartments are vacated and could be rented under
such statutes for monthly rents of $2,000 or more.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of this bill sets forth legislative findings and declaration
of emergency.

Section 2 would repeal paragraph (n) of subdivision 2 of section 2 of
chapter 274 of the laws of 1946, constituting the emergency rent
control law.

Section 3 of this bill would 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 1974.

Section 4 would repeal subparagraph (k) of paragraph 2 of subdivision
e of section 26-403 of the administrative code of the city of New York.

Section 5 would repeal section 26-504.2 of the administrative code of
the city of New York.

Section 6 and section 7 also subject accommodations to regulation
under such laws which were deregulated upon vacancy on or after
January 1, 2007 or which were deregulated upon vacancy prior to
January 1, 2007 and which rented for less than $5,000 per month in
New York city or less than $3,500 per month in the counties of
Westchester, Nassau, and Rockland on or after January 1, 2007.

Section 8 and 9 repeal vacancy decontrol provisions of the New York
City Administrative Code and the Emergency Tenant Protection Act that
relate to preferential rents, respectively.

Section 10 provides for an immediate date.

JUSTIFICATION:
The shortage of affordable housing in New York City, in the suburban
counties of Westchester, Nassau, and Rockland and in many other areas
of the state is an acute crisis. The systems of rent regulation


presently existing are the single most effective program of state and
local governments to preserve the supply of affordable housing.
These programs have been seriously eroded by the vacancy apartment
rents to the $2,000 threshold for vacancy decontrol laws. Available
data and several studies suggest that over 300,000 rent stabilized
apartments have been removed from regulation in New York City and the
counties of Westchester, Nassau, and Rockland under vacancy
decontrol. The pace at which vacancy decontrol removes affordable
housing units from regulation is accelerating with each passing year.
Vacancy decontrol is an incentive for owners of rental housing to
withhold services and to use forms of harassment to induce regulated
tenants to vacate their rental units. In some instances, costs of
renovation have been inflated or even falsified in order to drive
apartment rents to the $2,000 threshold for vacancy decontrol. In
other cases no renovations at all are done to vacant apartments and
such apartments are treated as deregulated regardless of the legal
rent. Such abuses are made possible by the existence of the vacancy
decontrol laws. Repeal of vacancy decontrol is essential to restore
the integrity of the rent regulation systems and to protect the
state's precious supply of affordable housing.

PRIOR LEGISLATIVE HISTORY:
2009/2010: S.2237A (Died Housing)
Similar to:
2008: A.7416A - Passed Assembly/S.5149B Referred to Housing
2007: A.7416A - Passed Assembly
2006: A.6916  - Housing
2005: A.6916  - Third reading calendar
2004: A.10845 - Passed Assembly
2002: A.1101  - Passed Assembly

FISCAL IMPLICATIONS:
Some costs may be incurred by DHCR.

EFFECTIVE DATE:
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.

S1193-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1193
 2011-2012 Regular Sessions
 I N  SENATE
 January 5, 2011
 
 Introduced  by  Sens. STEWART-COUSINS, KRUEGER, ADAMS, ADDABBO, BRESLIN,
 DIAZ, DUANE, HASSELL-THOMPSON, HUNTLEY, MONTGOMERY,  PARKER,  PERKINS,
 SAVINO, SERRANO, SQUADRON, STAVISKY -- 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 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
 constituting the emergency  tenant  protection  act  of  nineteen
 seventy-four,  paragraph  (n) of subdivision 2 of section 2 of chapter
 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
 speculative and profiteering practices and has brought about the loss of
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01749-01-1
 
       S. 1193                             2
 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 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, and where
 such housing accommodations were located outside the city  of  New  York
 and  were  rented  to a tenant on or after January 1, 2007 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, 2007 for less than $5,000.00
 per month, shall be subject to the provisions of such act, law or admin
 istrative code, respectively.   Notwithstanding the  provisions  of  any
 lease  or rental agreement, the legal regulated rent or maximum collect
 ible rent of any housing accommodation excluded from regulation prior to
 January 1, 2007 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 on January 1, 2007 or
 the first rent applicable to such accommodation after January  1,  2007,
 subject  to  further adjustment in accordance with applicable provisions
 of law.
 

S 8. Paragraph 14 of subdivision c of section 26-511 of  the  adminis
 trative code of the city of New York, as added by chapter 82 of the laws
 of 2003, is amended to read as follows:

 
       S. 1193                             3
 (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,  such  housing  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  added  by  chapter  82  of the laws of 2003, 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  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 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, such housing accommodation shall be excluded
 from the provisions of this act pursuant to paragraph thirteen of subdi-
 vision 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.

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