S T A T E O F N E W Y O R K
________________________________________________________________________
5147
2011-2012 Regular Sessions
I N S E N A T E
May 3, 2011
___________
Introduced by Sen. YOUNG -- 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 emergency tenant protection act of nineteen seven-
ty-four, the emergency housing rent control law and the administrative
code of the city of New York, in relation to the rent threshold for
the deregulation of rents upon vacancy
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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, as amended by chapter 82 of the
laws of 2003, is amended to read as follows:
(13) any housing accommodation with a legal regulated rent of [two]
ONE thousand FIVE HUNDRED dollars or more per month at any time between
the effective date of this paragraph and October first, nineteen hundred
ninety-three which is or becomes vacant on or after the effective date
of this paragraph, or any housing accommodation with a legal regulated
rent of [two] ONE thousand FIVE HUNDRED dollars or more per month at any
time on or after the effective date of the rent regulation reform act of
1997 which is or becomes vacant on or after the effective date of the
rent regulation reform act of 1997. This exclusion shall apply regard-
less of whether the next tenant in occupancy or any subsequent tenant in
occupancy actually is charged or pays less than [two] ONE thousand FIVE
HUNDRED dollars a month. Provided however, that this exclusion shall not
apply to housing accommodations which became or become subject to this
act (a) by virtue of receiving tax benefits pursuant to section four
hundred twenty-one-a or four hundred eighty-nine of the real property
tax law, except as otherwise provided in subparagraph (i) of paragraph
(f) of subdivision two of section four hundred twenty-one-a of the real
property tax law, or (b) by virtue of article seven-C of the multiple
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11300-01-1
S. 5147 2
dwelling law. This paragraph shall not apply, however, to or become
effective with respect to housing accommodations which the commissioner
determines or finds that the landlord or any person acting on his or her
behalf, with intent to cause the tenant to vacate, has engaged in any
course of conduct (including, but not limited to, interruption or
discontinuance of required services) which interfered with or disturbed
or was intended to interfere with or disturb the comfort, repose, peace
or quiet of the tenant in his or her use or occupancy of the housing
accommodations and in connection with such course of conduct, any other
general enforcement provision of this act shall also apply.
S 2. Subparagraph (n) of subdivision 2 of section 2 of chapter 274 of
the laws of 1946, constituting the emergency housing rent control law,
as amended by chapter 82 of the laws of 2003, is amended to read as
follows:
(n) any housing accommodation with a maximum rent of [two] ONE thou-
sand FIVE HUNDRED dollars or more per month at any time between the
effective date of this paragraph and October first, nineteen hundred
ninety-three which is or becomes vacant on or after the effective date
of this paragraph, or any housing accommodation with a maximum rent of
[two] ONE thousand FIVE HUNDRED dollars or more per month at any time on
or after the effective date of the rent regulation reform act of 1997
which is or becomes vacant on or after the effective date of the rent
regulation reform act of 1997. This exclusion shall apply regardless of
whether the next tenant in occupancy or any subsequent tenant in occu-
pancy actually is charged or pays less than [two] ONE thousand FIVE
HUNDRED dollars a month. This exclusion shall not apply, however, to or
become effective with respect to housing accommodations which the
commissioner determines or finds that the landlord or any person acting
on his or her behalf, with intent to cause the tenant to vacate, has
engaged in any course of conduct (including, but not limited to, inter-
ruption or discontinuance of required services) which interfered with or
disturbed or was intended to interfere with or disturb the comfort,
repose, peace or quiet of the tenant in his or her use or occupancy of
the housing accommodations and in connection with such course of
conduct, any other general enforcement provision of this law shall also
apply.
S 3. Subdivisions a and b of section 26-504.2 of the administrative
code of the city of New York, subdivision (a) as amended by chapter 82
of the laws of 2003 and subdivision (b) as added by local law number 12
of the city of New York for the year 2000, are amended to read as
follows:
a. "Housing accommodations" shall not include any housing accommo-
dation which becomes vacant on or after April first, nineteen hundred
ninety-seven and where at the time the tenant vacated such housing
accommodation the legal regulated rent was [two] ONE thousand FIVE
HUNDRED dollars or more per month, or any housing accommodation which is
or becomes vacant on or after the effective date of the rent regulation
reform act of 1997 with a legal regulated rent of [two] ONE thousand
FIVE HUNDRED dollars or more per month. This exclusion shall apply
regardless of whether the next tenant in occupancy or any subsequent
tenant in occupancy actually is charged or pays less than [two] ONE
thousand FIVE HUNDRED dollars a month. Provided however, that this
exclusion shall not apply to housing accommodations which became or
become subject to this law (a) by virtue of receiving tax benefits
pursuant to section four hundred twenty-one-a or four hundred eighty-
nine of the real property tax law, except as otherwise provided in
S. 5147 3
subparagraph (i) of paragraph (f) of subdivision two of section four
hundred twenty-one-a of the real property tax law, or (b) by virtue of
article seven-C of the multiple dwelling law. This section shall not
apply, however, to or become effective with respect to housing accommo-
dations which the commissioner determines or finds that the landlord or
any person acting on his or her behalf, with intent to cause the tenant
to vacate, engaged in any course of conduct (including, but not limited
to, interruption or discontinuance of required services) which interfer-
ed with or disturbed or was intended to interfere with or disturb the
comfort, repose, peace or quiet of the tenant in his or her use or occu-
pancy of the housing accommodations and in connection with such course
of conduct, any other general enforcement provision of this law shall
also apply.
b. The owner of any housing accommodation that is not subject to this
law pursuant to the provisions of subdivision a of this section or
subparagraph k of paragraph 2 of subdivision e of section 26-403 of this
code shall give written notice certified by such owner to the first
tenant of that housing accommodation after such housing accommodation
becomes exempt from the provisions of this law or the city rent and
rehabilitation law. Such notice shall contain the last regulated rent,
the reason that such housing accommodation is not subject to this law or
the city rent and rehabilitation law, a calculation of how either the
rental amount charged when there is no lease or the rental amount
provided for in the lease has been derived so as to reach [two] ONE
thousand FIVE HUNDRED dollars or more per month, a statement that the
last legal regulated rent or the maximum rent may be verified by the
tenant by contacting the state division of housing and community
renewal, or any successor thereto, and the address and telephone number
of such agency, or any successor thereto. Such notice shall be sent by
certified mail within thirty days after the tenancy commences or after
the signing of the lease by both parties, whichever occurs first or
shall be delivered to the tenant at the signing of the lease. In addi-
tion, the owner shall send and certify to the tenant a copy of the
registration statement for such housing accommodation filed with the
state division of housing and community renewal indicating that such
housing accommodation became exempt from the provisions of this law or
the city rent and rehabilitation law, which form shall include the last
regulated rent, and shall be sent to the tenant within thirty days after
the tenancy commences or the filing of such registration, whichever
occurs later.
S 4. Subparagraph (k) of paragraph 2 of subdivision e of section
26-403 of the administrative code of the city of New York, as amended by
chapter 82 of the laws of 2003, is amended to read as follows:
(k) Any housing accommodation which becomes vacant on or after April
first, nineteen hundred ninety-seven and where at the time the tenant
vacated such housing accommodation the maximum rent was [two] ONE thou-
sand FIVE HUNDRED dollars or more per month, or any housing accommo-
dation which is or becomes vacant on or after the effective date of the
rent regulation reform act of 1997 with a maximum rent of [two] ONE
thousand FIVE HUNDRED dollars or more per month. This exclusion shall
apply regardless of whether the next tenant in occupancy or any subse-
quent tenant in occupancy actually is charged or pays less than [two]
ONE thousand FIVE HUNDRED dollars a month. Provided however, that this
exclusion shall not apply to housing accommodations which became or
become subject to this law by virtue of receiving tax benefits pursuant
to section four hundred eighty-nine of the real property tax law. This
S. 5147 4
subparagraph shall not apply, however, to or become effective with
respect to housing accommodations which the commissioner determines or
finds that the landlord or any person acting on his or her behalf, with
intent to cause the tenant to vacate, has engaged in any course of
conduct (including, but not limited to, interruption or discontinuance
of required services) which interfered with or disturbed or was intended
to interfere with or disturb the comfort, repose, peace or quiet of the
tenant in his or her use or occupancy of the housing accommodations and
in connection with such course of conduct, any other general enforcement
provision of this law shall also apply.
S 5. This act shall take effect immediately; provided, however, that:
(a) the amendments to section 5 of the emergency tenant protection act
of nineteen seventy-four made by section one 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;
(b) the amendments to section 2 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;
(c) the amendments to section 26-504.2 of chapter 4 of title 26 of the
administrative code of the city of New York made by section three 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
(d) the amendments to section 26-403 of the city rent and rehabili-
tation law made by section four 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.