S T A T E   O F   N E W   Y O R K
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                                  3606

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced by Sens. ESPAILLAT, AVELLA, HOYLMAN, KRUEGER, PERKINS, SERRA-
  NO,  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 housing rent control law, in relation to  the  establishment
  of rent adjustments

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

  Section 1.  Subdivision a of section 26-405 of the administrative code
of the city of New York is amended by adding a new paragraph 10 to  read
as follows:
  (10)  (A) NOTWITHSTANDING ANY CONTRARY PROVISIONS OF THIS SUBDIVISION,
EFFECTIVE JANUARY FIRST, TWO THOUSAND SIXTEEN, MAXIMUM RENTS FOR HOUSING
ACCOMMODATIONS SUBJECT TO THIS CHAPTER SHALL NO  LONGER  BE  ESTABLISHED
PURSUANT TO PARAGRAPHS THREE AND FOUR OF THIS SUBDIVISION, OR LIMITED BY
PARAGRAPH  FIVE  OF THIS SUBDIVISION, OR ADJUSTED BY SUBPARAGRAPH (L) OR
(N) OF PARAGRAPH ONE OF SUBDIVISION G OF THIS SECTION.
  (B) EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH,  THE  RENT  GUIDE-
LINES  BOARD  ESTABLISHED PURSUANT TO SECTION 26-510 OF THIS TITLE SHALL
ESTABLISH ANNUAL RATES OF RENT  ADJUSTMENT  FOR  THE  CLASS  OF  HOUSING
ACCOMMODATIONS  SUBJECT  TO THIS CHAPTER, IN THE MANNER PROVIDED BY SUCH
SECTION. THE FACT THAT THE HOUSING  ACCOMMODATION  IS  SUBJECT  TO  THIS
CHAPTER  MAY  NOT  BE  CONSIDERED AS A FACTOR IN DETERMINING THE RATE OF
RENT ADJUSTMENT. NOT LATER THAN OCTOBER FIRST, TWO THOUSAND FIFTEEN, AND
NOT LATER THAN OCTOBER FIRST ANNUALLY THEREAFTER,  THE  RENT  GUIDELINES
BOARD  SHALL  FILE  WITH  THE CITY CLERK AND THE DIVISION OF HOUSING AND
COMMUNITY RENEWAL ITS  FINDINGS  ESTABLISHED  IN  CONSIDERATION  OF  THE
ECONOMIC  FACTORS  LISTED  IN  SUBDIVISION  B  OF SECTION 26-510 OF THIS
TITLE, AND SHALL ACCOMPANY SUCH FINDINGS WITH A STATEMENT OF THE MAXIMUM
RATE OR RATES OF RENT ADJUSTMENT, IF ANY, FOR ONE  OR  MORE  CLASSES  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04324-01-5
              

S. 3606                             2

ACCOMMODATIONS  SUBJECT TO THIS CHAPTER AUTHORIZED FOR THE ADJUSTMENT OF
THE MAXIMUM RENT OF THE HOUSING ACCOMMODATION FOR THE TWELVE MONTH PERI-
OD COMMENCING JANUARY FIRST, TWO THOUSAND FIFTEEN AND FOR EACH  SUCCEED-
ING TWELVE MONTH PERIOD.
  (C)  EFFECTIVE  JANUARY  FIRST, TWO THOUSAND SIXTEEN, THE MAXIMUM RENT
COLLECTIBLE FROM THE TENANT SHALL BE THE  MAXIMUM  RENT  COLLECTIBLE  ON
DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  FIFTEEN,  AS  SUCH  RENT  MAY BE
ADJUSTED PURSUANT TO SUBPARAGRAPH (B) OF THIS PARAGRAPH ANNUALLY,  WITH-
OUT  AN  ORDER  OF  THE CITY RENT AGENCY, OR AS ADJUSTED PURSUANT TO ANY
OTHER PROVISION OF THIS CHAPTER, PROVIDED  THAT  A  LANDLORD  SHALL  NOT
COLLECT  ANY  RENT  INCREASE  OR  ADJUSTMENT OTHERWISE COLLECTIBLE UNDER
SUBPARAGRAPH (B) OF THIS PARAGRAPH  UNLESS  AND  UNTIL  THE  FIRST  RENT
PAYMENT  DATE  AFTER THE LANDLORD CERTIFIES TO THE CITY RENT AGENCY THAT
ALL RENT IMPAIRING VIOLATIONS, AS DEFINED BY SECTION THREE HUNDRED TWO-A
OF THE MULTIPLE DWELLING LAW, AND AT LEAST  EIGHTY  PER  CENTUM  OF  ALL
OTHER VIOLATIONS OF THE HOUSING MAINTENANCE CODE OR OTHER STATE OR LOCAL
LAWS  THAT  IMPOSE  REQUIREMENTS  ON  PROPERTY  AND  WHICH WERE RECORDED
AGAINST THE PROPERTY ON JULY FIRST, TWO THOUSAND TWELVE, OR  JULY  FIRST
OF  THE  YEAR  PRECEDING  THE  ADJUSTMENT, WHICHEVER IS LATER, HAVE BEEN
CLEARED, CORRECTED OR ABATED AND THE LANDLORD HAS RECEIVED AN  ORDER  OF
ELIGIBILITY  FROM  THE  CITY  RENT  AGENCY  THAT  THE VIOLATION CLEARING
REQUIREMENTS SET FORTH ABOVE HAVE BEEN MET AND FURTHER  AUTHORIZING  THE
LANDLORD  TO COLLECT ANY RENT INCREASE OR ADJUSTMENT AUTHORIZED PURSUANT
TO SUBPARAGRAPH (B) OF THIS PARAGRAPH, AND THE LANDLORD HAS SERVED  SUCH
ORDER UPON THE TENANT RESIDING IN THE HOUSING ACCOMMODATION AND THAT THE
LANDLORD  HAS MAINTAINED ALL ESSENTIAL AND REQUIRED SERVICES PURSUANT TO
SECTIONS 2202.16 AND 2102.4 OF THE NEW YORK CITY RENT AND EVICTION REGU-
LATIONS.  ANY HOUSING ACCOMMODATION FOR WHICH A RENT  INCREASE  PURSUANT
TO  PARAGRAPHS THREE AND FOUR OF THIS SUBDIVISION HAS TAKEN EFFECT ON OR
AFTER JULY FIRST, TWO THOUSAND  FIFTEEN  SHALL  NOT  BE  SUBJECT  TO  AN
INITIAL  RENT  ADJUSTMENT  PURSUANT  TO  THIS SUBPARAGRAPH UNTIL JANUARY
FIRST, TWO THOUSAND SEVENTEEN.
  (D) MAXIMUM RATES OF RENT ADJUSTMENT SHALL  NOT  BE  ESTABLISHED  MORE
THAN ONCE ANNUALLY FOR ANY HOUSING ACCOMMODATION SUBJECT TO THIS CHAPTER
WITHIN  THE  RENT  GUIDELINES BOARD'S JURISDICTION. ONCE ESTABLISHED, NO
SUCH RATE SHALL BE ADJUSTED BY ANY SURCHARGE, SUPPLEMENTARY  ADJUSTMENT,
REOPENER OR OTHER MODIFICATION.
  (E)  NOTHING  CONTAINED  IN  THIS  PARAGRAPH  SHALL ALTER, RESTRICT OR
IMPAIR AN OWNER'S RIGHT TO ESTABLISH  THE  INITIAL  REGULATED  RENT  FOR
ACCOMMODATIONS SUBJECT TO THIS CHAPTER WHICH BECOME VACANT.
  S  2.  Section  4 of chapter 274 of the laws of 1946, constituting the
emergency housing rent control law, is amended by adding a new  subdivi-
sion 9 to read as follows:
  9.  NOTWITHSTANDING  ANY  CONTRARY  PROVISIONS  OF THIS LAW, EFFECTIVE
JANUARY FIRST, TWO THOUSAND SIXTEEN, EXCEPT  AS  OTHERWISE  PROVIDED  IN
THIS  SUBDIVISION,  THE  RENT FOR HOUSING ACCOMMODATIONS SUBJECT TO THIS
CHAPTER LOCATED IN THE COUNTIES  OF  WESTCHESTER  AND  NASSAU  SHALL  BE
ADJUSTED AS FOLLOWS:
  (A)  THE  COUNTY  RENT BOARDS ESTABLISHED PURSUANT TO SECTION 4 OF THE
EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR,  SHALL  ESTAB-
LISH  ANNUAL  RENT  ADJUSTMENTS  FOR THE CLASS OF HOUSING ACCOMMODATIONS
SUBJECT TO THIS CHAPTER LOCATED  IN  THE  COUNTIES  OF  WESTCHESTER  AND
NASSAU,  IN THE MANNER PROVIDED BY SUCH SECTION. THE FACT THAT THE HOUS-
ING ACCOMMODATION IS SUBJECT TO THIS LAW MAY  NOT  BE  CONSIDERED  AS  A
FACTOR  IN DETERMINING THE RATE OF RENT ADJUSTMENT. NOT LATER THAN OCTO-
BER FIRST, TWO THOUSAND FIFTEEN, AND NOT LATER THAN OCTOBER FIRST  ANNU-

S. 3606                             3

ALLY  THEREAFTER,  THE COUNTY RENT BOARDS SHALL FILE WITH THE COMMISSION
THEIR FINDINGS ESTABLISHED IN  CONSIDERATION  OF  THE  ECONOMIC  FACTORS
LISTED  IN SUBDIVISION B OF SECTION 4 OF THE EMERGENCY TENANT PROTECTION
ACT  OF  NINETEEN SEVENTY-FOUR, AND SHALL ACCOMPANY SUCH FINDINGS WITH A
STATEMENT OF THE MAXIMUM RATE OR RATES OF RENT ADJUSTMENT, IF  ANY,  FOR
ONE  OR  MORE  CLASSES OF ACCOMMODATIONS SUBJECT TO THIS LAW WITHIN SUCH
COUNTIES AUTHORIZED FOR THE ADJUSTMENT OF THE MAXIMUM RENT OF THE  HOUS-
ING  ACCOMMODATION FOR THE TWELVE MONTH PERIOD COMMENCING JANUARY FIRST,
TWO THOUSAND SIXTEEN, AND FOR EACH SUCCEEDING TWELVE MONTH PERIOD.
  (B) EFFECTIVE JANUARY FIRST, TWO THOUSAND SIXTEEN,  THE  MAXIMUM  RENT
COLLECTIBLE  FROM  THE  TENANT  SHALL BE THE MAXIMUM RENT COLLECTIBLE ON
DECEMBER THIRTY-FIRST,  TWO  THOUSAND  FIFTEEN,  AS  SUCH  RENT  MAY  BE
ADJUSTED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION ANNUALLY, WITHOUT
AN  ORDER  OF  THE  COMMISSION,  OR  AS  ADJUSTED  PURSUANT TO ANY OTHER
PROVISION OF THIS LAW. HOWEVER, NO SUCH INCREASE PURSUANT  TO  PARAGRAPH
(A)  OF  THIS  SUBDIVISION  SHALL  BE AUTHORIZED UNTIL THE EXPIRATION OF
TWELVE MONTHS FROM THE EFFECTIVE DATE OF ANY RENT ADJUSTMENT  AUTHORIZED
PURSUANT  TO  REGULATIONS ADOPTED FOR RENT ADJUSTMENTS TO COMPENSATE FOR
UNAVOIDABLE INCREASED COSTS OF OPERATIONS AS  PROVIDED  FOR  UNDER  THIS
LAW.
  (C)  MAXIMUM  RATES  OF  RENT ADJUSTMENT SHALL NOT BE ESTABLISHED MORE
THAN ONCE ANNUALLY FOR ANY HOUSING ACCOMMODATION  SUBJECT  TO  THIS  LAW
WITHIN  A  BOARD'S JURISDICTION. ONCE ESTABLISHED, NO SUCH RATE SHALL BE
ADJUSTED BY ANY SURCHARGE, SUPPLEMENTARY ADJUSTMENT, REOPENER  OR  OTHER
MODIFICATION.
  (D)  NOTHING  CONTAINED  IN  THIS  PARAGRAPH  SHALL ALTER, RESTRICT OR
IMPAIR AN OWNER'S RIGHT TO ESTABLISH  THE  INITIAL  REGULATED  RENT  FOR
ACCOMMODATIONS SUBJECT TO THIS LAW WHICH BECOME VACANT.
  S  3. 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;  and
provided  that the amendments to section 4 of the emergency housing rent
control law made by section two of this act shall  expire  on  the  same
date as such law expires and shall not affect the expiration of such law
as  provided in subdivision 2 of section 1 of chapter 274 of the laws of
1946.