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

                                  1266

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A. COLTON, DINOWITZ, BING, ROBINSON, CYMBROWITZ,
  DIAZ, WRIGHT, POWELL, J. RIVERA -- Multi-Sponsored  by  --  M.  of  A.
  AUBRY, BRENNAN, CHRISTENSEN, CLARK, GLICK, GOTTFRIED, HEASTIE, JACOBS,
  MILLMAN,  ORTIZ -- read once and referred to the Committee on Ways and
  Means

AN ACT to amend the tax law and the real property tax law,  in  relation
  to  eliminating  rent  regulation  protection  for certain high income
  tenants and high rent housing accommodations; and  to  repeal  certain
  provisions  of the emergency housing rent control law, the administra-
  tive code of the city of New York, the emergency tenant protection act
  of nineteen seventy-four and the tax law relating thereto

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

  Section  1.  Paragraphs  (m)  and (n) of subdivision 2 of section 2 of
chapter 274 of the laws of 1946, constituting the emergency housing rent
control law, are REPEALED.
  S 2. Section 2-a of chapter 274 of the laws of 1946, constituting  the
emergency housing rent control law, is REPEALED.
  S  3.  Subparagraphs  (j)  and  (k) of paragraph 2 of subdivision e of
section 26-403 of the administrative code of the city of  New  York  are
REPEALED.
  S  4.  Section  26-403.1 of the administrative code of the city of New
York is REPEALED.
  S 5. Sections 26-504.1 and 26-504.2 of the administrative code of  the
city of New York are REPEALED.
  S  6.  Section  26-504.3 of the administrative code of the city of New
York is REPEALED.
  S 7. Paragraphs 12 and 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protection act of nineteen seventy-four, are REPEALED.

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

                                                           LBD03959-01-9

A. 1266                             2

  S 8. Section 5-a of section 4 of chapter 576  of  the  laws  of  1974,
constituting  the  emergency  tenant protection act of nineteen seventy-
four, is REPEALED.
  S  9.  Subdivision  3  of section 171-b of the tax law is REPEALED and
subdivision 7 of such section, as amended by chapter 170 of the laws  of
1994, is amended to read as follows:
  (7)  The  provisions of the state freedom of information act shall not
apply to any verification of income information obtained from a company,
the commissioner of housing and community renewal, the supervising agen-
cy, the corporation, or officer or employee thereof, an approved  organ-
ization  as  defined  in  section  two  thousand five hundred ten of the
public health  law  or  the  commissioner  of  health  pursuant  to  the
provisions  of  this section [nor shall the provisions of such act apply
to any verifications prepared or provided pursuant to subdivision  three
and information provided pursuant to subdivision four of this section].
  S  10.  Subparagraph  (i) of paragraph (f) of subdivision 2 of section
421-a of the real property tax law, as amended by  chapter  253  of  the
laws of 1993, is amended to read as follows:
  (i) with respect to units subject to the provisions of this section on
the effective date of this subparagraph such a unit becomes vacant after
the  expiration  of  such  ten  year  period  or  applicable law or act;
provided, however, [that such units may be decontrolled pursuant to  the
rent  regulation  reform act of 1993 and provided further that] the rent
shall not be decontrolled for a unit which the commissioner  of  housing
and  community renewal or a court of competent jurisdiction finds became
vacant because the landlord or any person acting on his  behalf  engaged
in  any course of conduct, including but not limited to, interruption or
discontinuance of essential 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 use or occupancy of such unit,  and,  that
upon such finding in addition to being subject to any other penalties or
remedies  permitted  by  law,  the landlord of such unit shall be barred
from collecting rent for such unit in excess  of  that  charged  to  the
tenant  who  vacated  such  unit until restoration of possession of such
tenant, if the tenant so desires, in which case the rent of such  tenant
shall  be  established  as  if such tenant had not vacated such unit, or
compliance with such other remedy, including, but not  limited  to,  all
remedies provided for by the emergency tenant protection act of nineteen
seventy-four  for rent overcharge or failure to comply with any order of
the commissioner of housing and community renewal, as  shall  be  deter-
mined  by the commissioner of housing and community renewal to be appro-
priate; provided, however, that if a tenant fails  to  accept  any  such
offer  of  restoration  of  possession,  such  unit shall return to rent
stabilization at the previously regulated rent; or
  S 11. This act shall take effect immediately.