S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5772
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 15, 2017
                                ___________
 
 Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the administrative code of the city of New York and  the
   emergency  tenant protection act of nineteen seventy-four, in relation
   to limiting rent increase after vacancy of a housing accommodation

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  5-a  of subdivision c of section 26-511 of the
 administrative code of the city of New York, as amended by section  16-a
 of  part  A  of  chapter  20  of the laws of 2015, is amended to read as
 follows:
   (5-a) provides that, notwithstanding any provision  of  this  chapter,
 the  legal  regulated  rent for any vacancy lease entered into after the
 effective date of this paragraph shall be  as  hereinafter  provided  in
 this  paragraph.  The  previous  legal  regulated  rent for such housing
 accommodation shall be increased by the following: (i)  if  the  vacancy
 lease is for a term of two years, [twenty] THREE AND ONE-HALF percent of
 the previous legal regulated rent; or (ii) if the vacancy lease is for a
 term  of  one  year  the  increase  shall be [twenty] THREE AND ONE-HALF
 percent of the previous legal regulated rent less an amount equal to the
 difference between (a) the two year renewal lease guideline  promulgated
 by  the guidelines board of the city of New York applied to the previous
 legal regulated rent and  (b)  the  one  year  renewal  lease  guideline
 promulgated  by  the guidelines board of the city of New York applied to
 the previous legal regulated rent. [However, where  the  amount  charged
 and  paid  by  the  prior  tenant pursuant to paragraph fourteen of this
 subdivision, was less than the legal regulated rent,  such  increase  to
 the  legal regulated rent shall not exceed: five percent of the previous
 legal regulated rent if the last vacancy lease commenced less  than  two
 years  ago; ten percent of the previous legal regulated rent if the last
 vacancy lease commenced less than three years ago;  fifteen  percent  of

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

                                                            LBD09574-01-7

 A. 5772                             2

 the  previous  legal  regulated rent if the last vacancy lease commenced
 less than four years ago; twenty percent of the previous legal regulated
 rent if the last vacancy lease commenced four or  more  years  ago.]  In
 addition,  if the legal regulated rent was not increased with respect to
 such housing accommodation by a permanent vacancy allowance within eight
 years prior to a vacancy lease executed on or after the  effective  date
 of  this paragraph, the legal regulated rent may be further increased by
 an amount equal to the product resulting from multiplying such  previous
 legal  regulated rent by six-tenths of one percent and further multiply-
 ing the amount of rent increase resulting therefrom by  the  greater  of
 (A)  the  number  of  years  since  the imposition of the last permanent
 vacancy allowance, or (B) if the rent was not increased by  a  permanent
 vacancy allowance since the housing accommodation became subject to this
 chapter,  the  number  of years that such housing accommodation has been
 subject to this chapter. Provided that if the previous  legal  regulated
 rent  was less than three hundred dollars the total increase shall be as
 calculated above plus one hundred dollars per month. Provided,  further,
 that  if  the  previous  legal regulated rent was at least three hundred
 dollars and no more than five hundred dollars  in  no  event  shall  the
 total  increase  pursuant  to  this  paragraph  be less than one hundred
 dollars per month. Such increase shall  be  in  lieu  of  any  allowance
 authorized  for the one or two year renewal component thereof, but shall
 be in addition to any other increases authorized pursuant to this  chap-
 ter 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 this
 section.  The  increase  authorized  in this paragraph may not be imple-
 mented more than one time in  any  calendar  year,  notwithstanding  the
 number of vacancy leases entered into in such year.
   §  2.  Subdivision  (a-1) of section 10 of section 4 of chapter 576 of
 the laws of 1974, constituting the emergency tenant  protection  act  of
 nineteen  seventy-four,  as amended by section 16-b of part A of chapter
 20 of the laws of 2015, is amended to read as follows:
   (a-1) provides that, notwithstanding any provision of  this  act,  the
 legal regulated rent for any vacancy lease entered into after the effec-
 tive  date  of  this subdivision shall be as hereinafter set forth.  The
 previous legal regulated rent for such housing  accommodation  shall  be
 increased  by  the  following: (i) if the vacancy lease is for a term of
 two years, [twenty] THREE AND ONE-HALF percent  of  the  previous  legal
 regulated  rent;  or (ii) if the vacancy lease is for a term of one year
 the increase shall be [twenty] THREE AND ONE-HALF percent of the  previ-
 ous  legal regulated rent less an amount equal to the difference between
 (a) the two year renewal lease guideline promulgated by  the  guidelines
 board  of  the  county  in  which  the  housing accommodation is located
 applied to the previous legal  regulated  rent  and  (b)  the  one  year
 renewal lease guideline promulgated by the guidelines board of the coun-
 ty in which the housing accommodation is located applied to the previous
 legal  regulated  rent.   [However, where the amount charged and paid by
 the prior tenant pursuant to paragraph fourteen of this subdivision, was
 less than the legal regulated rent, such increase to the legal regulated
 rent shall not exceed:   five percent of the  previous  legal  regulated
 rent  if  the  last vacancy lease commenced less than two years ago; ten
 percent of the  previous  legal  regulated  rent  if  the  last  vacancy
 commenced  less  than  three  years ago; fifteen percent of the previous
 legal regulated rent if the last vacancy lease commenced less than  four

 A. 5772                             3

 years  ago;  twenty  percent of the previous legal regulated rent if the
 last vacancy lease commenced four or more years ago.]  In  addition,  if
 the  legal regulated rent was not increased with respect to such housing
 accommodation  by a permanent vacancy allowance within eight years prior
 to a vacancy lease executed on or  after  the  effective  date  of  this
 subdivision,  the  legal  regulated  rent may be further increased by an
 amount equal to the product resulting  from  multiplying  such  previous
 legal  regulated rent by six-tenths of one percent and further multiply-
 ing the amount of rent increase resulting therefrom by  the  greater  of
 (A)  the  number  of  years  since  the imposition of the last permanent
 vacancy allowance, or (B) if the rent was not increased by  a  permanent
 vacancy allowance since the housing accommodation became subject to this
 act,  the  number  of  years  that  such  housing accommodation has been
 subject to this act. Provided that if the previous legal regulated  rent
 was  less  than  three  hundred  dollars  the total increase shall be as
 calculated above plus one hundred dollars per month. Provided,  further,
 that  if  the  previous  legal regulated rent was at least three hundred
 dollars and no more than five hundred dollars  in  no  event  shall  the
 total  increase  pursuant  to  this subdivision be less than one hundred
 dollars per month. Such increase shall  be  in  lieu  of  any  allowance
 authorized  for the one or two year renewal component thereof, but shall
 be in addition to any other increases authorized pursuant  to  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.   The increase authorized in this subdivision
 may not be implemented more than one time in any calendar year, notwith-
 standing the number of vacancy leases entered into in such year.
   § 3. This act shall take effect immediately; provided that the  amend-
 ments  to  section  26-511  of  the  rent  stabilization law of nineteen
 hundred sixty-nine made by section one 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  provided,
 further,  that  the  amendments  to  section  4  of the emergency tenant
 protection act of nineteen seventy-four made by section two 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.