S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2403
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 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.
                                                            LBD07567-01-7
              

 A. 2403                             2
 
   § 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.
   § 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.
   §  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.
   §  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. 2403                             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.
   §  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:
   § 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.
   § 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.
   § 8. This act shall take effect immediately; provided, however, that:

 A. 2403                             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.