NY State Senate Bill 2019-S5482

Senate Bill S5482

2019-2020 Legislative Session

Provides for the limitation of rent increases after vacancy of a rent regulated housing accommodation

download bill text pdf

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to housing, construction and community development
May 02, 2019	referred to housing, construction and community development

co-Sponsors

View additional co-sponsors

2019-S5482 (ACTIVE) - Details

See Assembly Version of this Bill:: A4229
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§26-510, 26-512 & 26-403.2, NYC Ad Cd; amd §§4 & 6, Emerg Ten Prot Act of 1974; amd §5, Emerg Hous Rent Cont L; amd §1, Chap 21 of 1962
Versions Introduced in Other Legislative Sessions:: 2009-2010: A2523
2011-2012: A3128
2013-2014: A4240
2015-2016: A2246
2017-2018: A2403

2019-S5482 (ACTIVE) - Summary

Provides for the limitation of rent increases after vacancy of a housing accommodation under the Rent Regulation Reform Act of 1997 by providing that the statutory allowance in such Act replaces and is in lieu of any other previously authorized vacancy allowance.

2019-S5482 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5482                REVISED MEMO 05/13/2019

SPONSOR: SALAZAR
 
TITLE OF BILL:  An act to amend the administrative code of the city of
New York, the emergency tenant protection act of nineteen seventy-four,
the emergency housing rent control law and the local emergency housing
rent control act, in relation to limiting rent increase after vacancy of
certain housing accommodations

 
PURPOSE OF THE BILL:

This bill eliminates the authority of rent guidelines boards to make
determinations of rent when a vacancy occurs. Such determination will be
made solely pursuant to the provisions of the applicable statute(s).

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision d of section 26-510 of the administrative
code of the city of New York by deleting the clause which gives the
guidelines board the authority to determine what the rental for a vacan-
cy shall be and also adds a new subdivision j to such section providing

that adjustments for vacancy leases shall be determined exclusively
pursuant to the provisions of the statute, not by the rent guidelines
board.

Section 2 amends section 4 of section 4 of chapter 576 of the laws of
1974, constituting the emergency tenant protection act of nineteen
seventy-four, by adding a new subdivision e providing that adjustments
for vacancy leases shall be determined exclusively pursuant to the
provisions of the statute, not by the county rent guidelines boards.

Section 3 amends 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, by clarifying that any rent increase imposed upon the expiration
of a lease of a family member executed after all tenants in a lease have
permanently vacated a housing unit shall be determined solely based upon
the provisions of the statute.

Section 4 amends subdivision g of section 6 of section 4 of chapter 576
of the laws of 1974, constituting the emergency tenant protection act of
nineteen seventy-four, as added by chapter 116 of the laws of 1997, by
clarifying that any rent increase imposed upon the expiration of a lease
of a family member executed after all tenants in a lease have permanent-
ly vacated a housing unit shall be determined solely based upon the
provisions of the statute.

Section 5 amends 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, by clarifying that any rent increase
imposed upon the expiration of a lease of a family member executed after
all tenants in a lease have permanently vacated a housing unit shall be
determined solely based upon the provisions of the statute.

Section 6 amends section 26-403.2 of the administrative code of the city
of New York, as added by chapter 116 of the laws of 1997, by clarifying
that any rent increase imposed upon the expiration of a lease of a fami-
ly member executed after all tenants in a lease have permanently vacated
a housing unit shall be determined solely based upon the provisions of
the statute.
Section 7 amends 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, by clarifying that any rent increase imposed upon the expira-
tion of a lease of a family member executed after all tenants in a lease
have permanently vacated a housing unit shall be determined solely based
upon the provisions of the statute.

Section 8 establishes the effective date.

 
JUSTIFICATION:

Under existing law the rent guidelines board in New York City and simi-
lar entities (such as county rent guidelines boards outside of New York
City) possess the authority to determine rental rates when a vacancy
occurs in housing accommodations covered by the applicable respective
laws. This gives such boards power to increase rents beyond what would
otherwise be permissible under these laws. This bill takes such authori-
ty away from the boards and places it where it ought to be, with the
legislature. By doing so, this bill will help to protect tenants from
unfair vacancy rent increases.

 
FISCAL IMPLICATIONS:

None.

 
LEGISLATIVE HISTORY:

New Bill.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided that the amendments to
the rent stabilization law, the city rent and rehabilitation law, the
emergency tenant protection act, the emergency housing rent control law,
and the local emergency housing rent control act shall expire in accord-
ance with the existing provisions of such laws and acts.

2019-S5482 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5482
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                May 2, 2019
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 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.

                                                            LBD04815-01-9

 S. 5482                             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

 S. 5482                             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:

 S. 5482                             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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.