Bill S1193A-2011

Makes conforming technical changes to the New York City administrative code and the emergency tenant protection act relating to vacancy decontrol; repealer

Makes conforming technical changes to the New York City administrative code and the emergency tenant protection act relating to vacancy decontrol.

Details

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

Memo

BILL NUMBER:S1193A

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 effective 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 decontrols 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) 2008: A.7416A - Passed Assembly/S.5149B Referred to Housing

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1193--A 2011-2012 Regular Sessions IN SENATE January 5, 2011 ___________
Introduced by Sens. STEWART-COUSINS, KRUEGER, ADAMS, ADDABBO, AVELLA, BRESLIN, DIAZ, DUANE, HASSELL-THOMPSON, HUNTLEY, MONTGOMERY, PARKER, PERKINS, SERRANO, SQUADRON, STAVISKY -- read twice and ordered print- ed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- recommitted to the Committee on Housing, Construction and Community Development in accordance with Senate Rule 6, sec. 8 -- 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
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 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 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.

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