S T A T E   O F   N E W   Y O R K
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                                  2853

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 29, 2015
                               ___________

Introduced by Sens. KRUEGER, HAMILTON, HASSELL-THOMPSON, HOYLMAN -- 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,  in
  relation  to  reducing the amount of maximum rent increase collectible
  in one year

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

  Section  1.  Paragraph  5  of  subdivision  a of section 26-405 of the
administrative code of the city of  New  York  is  amended  to  read  as
follows:
  (5)  Where  a  maximum rent established pursuant to this chapter on or
after January first, nineteen hundred seventy-two, is  higher  than  the
previously existing maximum rent, the landlord may not collect more than
[seven  and  one-half percentum] THREE PERCENT increase from a tenant in
occupancy on such date in any one year period,  provided  however,  that
where  the  period  for  which the rent is established exceeds one year,
regardless of how the collection thereof is averaged over  such  period,
the  rent  the  landlord  shall  be entitled to receive during the first
twelve months shall not be increased by more than  [seven  and  one-half
percentum]  THREE  PERCENT  over the previous rent and additional annual
rents shall not exceed [seven and one-half percentum] THREE  PERCENT  of
the rent paid during the previous year. Notwithstanding any of the fore-
going  limitations  in  this  paragraph  five,  maximum  rent  shall  be
increased if ordered by the agency pursuant to subparagraphs  (d),  (e),
(f), (g), (h), (i), (k), (l), (m) or (n) of paragraph one of subdivision
g  of  this  section. Commencing January first, nineteen hundred eighty,
rent adjustments pursuant to subparagraph (n) of paragraph one of subdi-
vision g of this section shall be excluded from the  maximum  rent  when
computing  the  [seven  and  one-half  percentum] THREE PERCENT increase
authorized by this paragraph five.  Where  a  housing  accommodation  is

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03813-01-5
              

S. 2853                             2

vacant on January first, nineteen hundred seventy-two, or becomes vacant
thereafter  by  voluntary  surrender  of  possession by the tenants, the
maximum rent established for such accommodations may be collected.
  S  2. This act shall take effect immediately; provided that the amend-
ments to section 26-405 of the city rent and rehabilitation law made  by
section  one  of  this act shall remain in full force and effect only as
long as the public emergency requiring the  regulation  and  control  of
residential  rents and evictions continues, as provided in subdivision 3
of section 1 of the local emergency housing rent control act.