S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5039
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Housing
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation  to  reducing the amount of maximum rent increase collectible
   in one year
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  5  of  subdivision  a of section 26-405 of the
 administrative code of the city of  New  York  is  amended  to  read  as
 follows:
   (5)  Where  a  maximum rent established pursuant to this chapter on or
 after January first, nineteen hundred seventy-two, is  higher  than  the
 previously existing maximum rent, the landlord may not collect more than
 [seven  and  one-half percentum] THREE PERCENT increase from a tenant in
 occupancy on such date in any one year period,  provided  however,  that
 where  the  period  for  which the rent is established exceeds one year,
 regardless of how the collection thereof is averaged over  such  period,
 the  rent  the  landlord  shall  be entitled to receive during the first
 twelve months shall not be increased by more than  [seven  and  one-half
 percentum]  THREE  PERCENT  over the previous rent and additional annual
 rents shall not exceed [seven and one-half percentum] THREE  PERCENT  of
 the rent paid during the previous year. Notwithstanding any of the fore-
 going  limitations  in  this  paragraph  five,  maximum  rent  shall  be
 increased if ordered by the agency pursuant to subparagraphs  (d),  (e),
 (f), (g), (h), (i), (k), (l), (m) or (n) of paragraph one of subdivision
 g  of  this  section. Commencing January first, nineteen hundred eighty,
 rent adjustments pursuant to subparagraph (n) of paragraph one of subdi-
 vision g of this section shall be excluded from the  maximum  rent  when
 computing  the  [seven  and  one-half  percentum] THREE PERCENT increase
 authorized by this paragraph five.  Where  a  housing  accommodation  is
 vacant on January first, nineteen hundred seventy-two, or becomes vacant
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09042-01-7

 A. 5039                             2
 
 thereafter  by  voluntary  surrender  of  possession by the tenants, the
 maximum rent established for such accommodations may be collected.
   §  2. 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.