S T A T E O F N E W Y O R K
________________________________________________________________________
2246
2015-2016 Regular Sessions
I N A S S E M B L Y
January 15, 2015
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Housing
AN ACT to amend the administrative code of the city of New York, the
emergency tenant protection act of nineteen seventy-four, the emergen-
cy housing rent control law and the local emergency housing rent
control act, in relation to limiting rent increase after vacancy of
certain housing accommodations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision d of section 26-510 of the administrative code
of the city of New York is amended and a new subdivision j is added to
read as follows:
d. Any housing accommodation covered by this law owned by a member in
good standing of an association registered with the department of hous-
ing preservation and development pursuant to section 26-511 of this
chapter which becomes vacant for any reason, other than harassment of
the prior tenant, may be offered for rental at any price notwithstanding
any guideline level established by the guidelines board for renewal
leases, provided the offering price does not exceed the rental then
authorized by the guidelines board for such dwelling unit plus five
percent for a new lease not exceeding two years and a further five
percent for a new lease having a minimum term of three years, until July
first, nineteen hundred seventy[, at which time the guidelines board
shall determine what the rental for a vacancy shall be].
J. NOTWITHSTANDING ANY OTHER PROVISION OF THIS LAW, ON AND AFTER JUNE
SIXTEENTH, NINETEEN HUNDRED NINETY-SEVEN THE ADJUSTMENT FOR VACANCY
LEASES COVERED BY THE PROVISIONS OF THIS LAW SHALL BE DETERMINED EXCLU-
SIVELY PURSUANT TO PARAGRAPH FIVE-A OF SUBDIVISION C OF SECTION 26-511
OF THIS CHAPTER. THE RENT GUIDELINES BOARD SHALL NO LONGER PROMULGATE
ADJUSTMENTS FOR VACANCY LEASES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05609-01-5
A. 2246 2
S 2. Section 4 of section 4 of chapter 576 of the laws of 1974,
constituting the emergency tenant protection act of nineteen seventy-
four, is amended by adding a new subdivision e to read as follows:
E. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, ON AND AFTER JUNE
16, 1997 THE ADJUSTMENT FOR VACANCY LEASES COVERED BY THE PROVISIONS OF
THIS ACT SHALL BE DETERMINED EXCLUSIVELY PURSUANT TO SUBDIVISION (A-1)
OF SECTION TEN OF THIS ACT. COUNTY RENT GUIDELINES BOARDS SHALL NO LONG-
ER PROMULGATE ADJUSTMENTS FOR VACANCY LEASES.
S 3. Subdivision f of section 26-512 of the administrative code of the
city of New York, as added by chapter 116 of the laws of 1997, is
amended to read as follows:
f. Notwithstanding any provision of this law to the contrary in the
case where all tenants named in a lease have permanently vacated a hous-
ing accommodation and a family member of such tenant or tenants is enti-
tled to and executes a renewal lease for the housing accommodation if
such accommodation continues to be subject to this law after such family
member vacates, on the occurrence of such vacancy the legal regulated
rent shall be increased by a sum equal to the allowance [then in effect
for vacancy leases, including the amount allowed by] PURSUANT TO para-
graph [(five-a)] FIVE-A of subdivision c of section 26-511 of this law.
Such increase shall be in addition to any other increases provided for
in this law including an adjustment based upon a major capital improve-
ment, or a substantial modification or increase of dwelling space or
services, or installation of new equipment or improvements or new furni-
ture or furnishings provided in or to the housing accommodation pursuant
to section 26-511 of this law and shall be applicable in like manner to
each second subsequent succession.
S 4. Subdivision g of section 6 of section 4 of chapter 576 of the
laws of 1974, constituting the emergency tenant protection act of nine-
teen seventy-four, as added by chapter 116 of the laws of 1997, is
amended to read as follows:
g. Notwithstanding any provision of this act to the contrary in the
case where all tenants named in a lease have permanently vacated a hous-
ing accommodation and a family member of such tenant or tenants is enti-
tled to and executes a renewal lease for the housing accommodation if
such accommodation continues to be subject to this act after such family
member vacates, on the occurrence of such vacancy the legal regulated
rent shall be increased by a sum equal to the allowance [then in effect
for vacancy leases, including the amount allowed by] PURSUANT TO subdi-
vision (a-1) of section ten of this act. Such increase shall be in addi-
tion to any other increases provided for in this act including an
adjustment based upon a major capital improvement, or a substantial
modification or increase of dwelling space or services, or installation
of new equipment or improvements or new furniture or furnishings
provided in or to the housing accommodation, pursuant to section six of
this act and shall be applicable in like manner to each second subse-
quent succession.
S 5. Subdivision 9 of section 5 of chapter 274 of the laws of 1946,
constituting the emergency housing rent control law, as added by chapter
116 of the laws of 1997, is amended to read as follows:
9. Notwithstanding any provision of this law to the contrary in the
case where all tenants occupying the housing accommodation on the effec-
tive date of this subdivision have vacated the housing accommodation and
a family member of such vacating tenant or tenants is entitled to and
continues to occupy the housing accommodation subject to the protections
of this law, if such accommodation continues to be subject to this law
A. 2246 3
after such family member vacates, on the occurrence of such vacancy the
maximum collectable rent shall be increased by a sum equal to the allow-
ance [then in effect] for vacancy leases for housing accommodations
covered by the rent stabilization law of nineteen hundred sixty-nine[,
including the amount allowed by] PURSUANT TO paragraph [five-a] 5-A of
subdivision c of section 26-511 of such law. This increase shall be in
addition to any other increases provided in this law including an
adjustment based upon a major capital improvement, or a substantial
increase or decrease in dwelling space or a change in the services,
furniture, furnishings or equipment provided in the housing accommo-
dation, pursuant to section four of this law and shall be applicable in
like manner to each second subsequent succession.
S 6. Section 26-403.2 of the administrative code of the city of New
York, as added by chapter 116 of the laws of 1997, is amended to read as
follows:
S 26-403.2 Increase in maximum collectable rent. Notwithstanding any
provision of this law to the contrary in the case where all tenants
occupying the housing accommodation on the effective date of this
section have vacated the housing accommodation and a family member of
such vacating tenant or tenants is entitled to and continues to occupy
the housing accommodation subject to the protections of this law, if
such accommodation continues to be subject to this law after such family
member vacates, on the occurrence of such vacancy the maximum collecta-
ble rent shall be increased by a sum equal to the allowance [then in
effect] for vacancy leases for housing accommodations covered by the
rent stabilization law of nineteen hundred sixty-nine[, including the
amount allowed by] PURSUANT TO paragraph five-a of subdivision c of
section 26-511 of such law. This increase shall be in addition to any
other increases provided for in this law including an adjustment based
upon a major capital improvement, or a substantial increase or decrease
in dwelling space or a change in the services, furniture, furnishings or
equipment provided in the housing accommodation, pursuant to section
26-405 of this law and shall be applicable in like manner to each second
subsequent succession.
S 7. The sixth undesignated paragraph of subdivision 5 of section 1 of
chapter 21 of the laws of 1962, constituting the local emergency housing
rent control act, as amended by chapter 82 of the laws of 2003, is
amended to read as follows:
Notwithstanding any provision of this act to the contrary, any local
law adopted pursuant to this act shall provide that notwithstanding any
provision of such local law in the case where all tenants occupying the
housing accommodation on the effective date of this paragraph have
vacated the housing accommodation and a family member of such vacating
tenant or tenants is entitled to and continues to occupy the housing
accommodation subject to the protections of such act, if such accommo-
dation continues to be subject to such act after such family member
vacates, on the occurrence of such vacancy the maximum collectable rent
shall be increased by a sum equal to the allowance [then in effect] for
vacancy leases for housing accommodations covered by the rent stabiliza-
tion law of nineteen hundred sixty-nine[, including the amount allowed
by] PURSUANT TO paragraph [(5-a)] 5-A of subdivision c of section 26-511
of such law. This increase shall be in addition to any other increases
provided for in this act and shall be applicable in like manner to each
second subsequent succession.
S 8. This act shall take effect immediately; provided, however, that:
A. 2246 4
(a) the amendments to sections 26-510 and 26-512 of the rent stabili-
zation law of nineteen hundred sixty-nine made by sections one and 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;
(b) the amendments to section 26-403.2 of the city rent and rehabili-
tation law made by section six 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;
(c) the amendments to the emergency tenant protection act of nineteen
seventy-four, made by sections two and four 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,
as amended;
(d) the amendment to section 5 of the emergency housing rent control
law made by section five of this act shall expire in accordance with the
provisions of subdivision 2 of section 1 of chapter 274 of the laws of
1946, as amended; and
(e) the amendments to subdivision 5 of section 1 of the local emergen-
cy housing rent control act, made by section seven of this act, shall
not affect the effectiveness of such subdivision and shall cease to be
in full force and effect pursuant to subdivision 3 of section 1 of such
act.