STATE
OF NEW YORK
5693
2003-2004
Regular Sessions
IN
SENATE
June
19, 2003
___________
Introduced
by COMMITTEE ON RULES -- (at request of the Governor) –
read
twice and ordered printed, and when printed to be committed to the
Committee
on Rules AN ACT to amend the local emergency
housing
rent control act, the emergency housing rent control law,
the
emergency tenant protection act of nineteen seventy-four, chapter 576
of
the laws of 1974 amending the emergency housing rent control law relating
to
the control of and stabilization of rent in certain cases, the administrative
code
of
the city of New York, chapter 329 of the laws of 1963 amending the
emergency
housing rent control law relating to recontrol of rents in the city
of
Albany, chapter 555 of the laws of 1982 amending the general business
law
and the administrative code of the city of New York relating to
conversion
of
residential property to cooperative or condominium ownership in the city
of
New
York, chapter 402 of the laws of 1983 amending the general business law
relating
to conversions of residential property to cooperative
or condominium
ownership
in certain municipalities in the counties of Nassau, Westchester and
Rockland,
and the rent regulation reform act of 1997, in relation to the
regulation
of rents
The
People of the State of New York, represented in Senate and
Assembly, do enact as follows:
1 Section 1. Subdivision 5 of section 1 of chapter
21 of the laws of
2 1962,
constituting the local emergency housing rent control act, the
3 opening paragraph as separately amended
by chapters 371, 373 and 1012 of
4 the laws of 1971, the second undesignated
paragraph as amended by chap-
5 ter 679 of the laws of 1994, the third
undesignated paragraph as added
6 by chapter 69 of the laws of 1980, the
fourth undesignated paragraph as
7 amended by chapter 1012 of the laws of
1971, the fifth undesignated
8 paragraph as added by chapter 116 of
the laws of 1997 and the closing
9 paragraph as added by chapter 373 of
the laws of 1971, is amended
to
10 read as follows:
EXPLANATION--Matter
in italics (underscored) is new; matter in brackets
[ ]
is old law to be omitted.
LBD12094-01-3
S.
5693 2
1 5. Authority for local rent control legislation. Each
city having a
2 population of one million or more, acting
through its local legislative
3 body, may adopt and amend local laws
or ordinances in respect of the
4 establishment or designation of a city
housing rent agency. When it
5 deems such action to be desirable or
necessitated by local conditions in
6 order to carry out the
purposes of this section, such city, except as
7 hereinafter provided, acting through
its local legislative body and not
8 otherwise, may adopt and amend local
laws or ordinances in respect of
9 the regulation and control of residential
rents, including but not
10 limited to provision for the establishment
and adjustment of maximum
11 rents, the classification of housing
accommodations, the regulation of
12 evictions, and the enforcement of such
local laws or ordinances. The
13 validity of any such local laws or ordinances,
and the rules or regu-
14 lations promulgated in accordance therewith,
shall not be affected by
15 and need not be consistent with the state
emergency housing rent control
16 law or with rules and regulations of
the state division of housing and
17 community renewal.
18 Notwithstanding any local
law or ordinance, housing accommodations
19 which became vacant on or after July
first, nineteen hundred seventy-one
20 or which hereafter become vacant shall
be subject to the provisions of
21 the emergency tenant protection act of
nineteen seventy-four, provided,
22 however, that this provision shall not
apply or become effective
with
23 respect to housing accommodations which,
by local law or ordinance, are
24 made directly subject to regulation and
control by a city housing rent
25 agency and such agency determines or
finds that the housing accommo-
26 dations became vacant because the landlord
or any person acting on his
27 behalf, with intent to cause the tenant
to vacate, engaged in any course
28 of conduct (including but not limited
to, interruption or discontinuance
29 of essential services) which interfered
with or disturbed or was
30 intended to interfere with or disturb
the comfort, repose, peace or
31 quiet of the tenant in his use or occupancy
of the housing accommo-
32 dations. The removal of any housing accommodation
from regulation and
33 control of rents pursuant to the vacancy
exemption provided for in this
34 paragraph shall not constitute or operate
as a ground for the subjection
35 to more stringent regulation and control
of any housing accommodation in
36 such property or in any other property
owned by the same landlord,
37 notwithstanding any prior agreement to
the contrary by the landlord. The
38 vacancy exemption provided for in this
paragraph shall not arise with
39 respect to any rented plot or parcel
of land otherwise subject to the
40 provisions of this act, by reason of
a transfer of title and possession
41 occurring on or after July first, nineteen hundred
seventy-one of a
42 dwelling located on such plot or parcel
and owned by the tenant where
43 such transfer of title and possession
is made to a member of the
44 tenant's immediate family provided that
the member of the tenant's imme-
45 diate family occupies the dwelling with
the tenant prior to the transfer
46 of title and possession for a continuous
period of two years.
47 The term "immediate
family" shall include a husband, wife, son, daugh-
48 ter, stepson, stepdaughter, father, mother, father-in-law or mother-in-
49 law.
50 Notwithstanding the foregoing,
no local law or ordinance shall here-
51 after provide for the regulation and
control of residential rents and
52 eviction in respect of any housing accommodations
which are (1) present-
53 ly exempt from such regulation and control
or (2) hereafter decontrolled
54 either by operation of law or by a city
housing rent agency, by order or
55 otherwise. No housing accommodations
presently subject to regulation and
56 control pursuant to local laws or ordinances
adopted or amended under
S.
5693 3
1 authority of this subdivision shall hereafter
be by local law or ordi-
2 nance or by rule or regulation which
has not been theretofore approved
3 by the state commissioner of housing
and community renewal subjected to
4 more stringent or restrictive provisions
of regulation and control than
5 those presently in effect.
6 Notwithstanding any other
provision of law, on and after the effective
7 date of this paragraph, a city having
a population of one million or
8 more shall not, either through its
local legislative body or otherwise,
9 adopt or amend local laws or ordinances
with respect to the regulation
10 and control of residential rents and
eviction, including but not limited
11 to provision for the establishment
and adjustment of rents, the classi-
12 fication of housing accommodations,
the regulation of evictions, and the
13 enforcement of such local laws or
ordinances, or otherwise adopt laws or
14 ordinances pursuant to the provisions
of this act, the emergency tenant
15 protection act of nineteen seventy-four,
the New York city rent and
16 rehabilitation law or the New York
city rent stabilization law, except
17 to the extent that such city for the
purpose of reviewing the continued
18 need for the existing regulation and
control of residential rents or to
19 remove a classification of housing
accommodation from such regulation
20 and control adopts or amends local
laws or ordinances pursuant to subdi-
21 vision three of section one of this
act, section three of the emergency
22 tenant protection act of nineteen
seventy-four, section 26-415 of the
23 New York city rent and rehabilitation
law, and sections 26-502 and
24 26-520 of the New York city rent stabilization
law of nineteen hundred
25 sixty-nine.
26 Notwithstanding any provision
of this act to the contrary, any local
27 law adopted pursuant to this act shall
provide that notwithstanding any
28 provision of such local law in the case
where all tenants occupying the
29 housing accommodation on the effective
date of this paragraph have
30 vacated the housing accommodation and
a family member of such vacating
31 tenant or tenants is entitled to and
continues to occupy the housing
32 accommodation subject to the protections
of such act, if such accommo-
33 dation continues to be subject to such
act after such family member
34 vacates, on the occurrence of such vacancy
the maximum collectable rent
35 shall be increased by a sum equal to
the allowance then in effect for
36 vacancy leases for housing accommodations
covered by the rent stabiliza-
37 tion law of nineteen hundred sixty-nine,
including the amount allowed by
38 paragraph (5-a) of subdivision c of section
26-511 of such law. This
39 increase shall be in addition to any other increases
provided for in
40 this act and shall be applicable in like
manner to each second subse-
41 quent succession.
42 Notwithstanding the foregoing,
no local law or ordinance shall subject
43 to such regulation and control any housing
accommodation which is not
44 occupied by the tenant in possession
as his primary residence; provided,
45 however, that such housing accommodation
not occupied by the tenant in
46 possession as his primary residence shall
continue to be subject to
47 regulation and control as provided for
herein unless the city housing
48 rent agency issues an order decontrolling
such accommodation, which the
49 agency shall do upon application by the
landlord whenever it is estab-
50 lished by any facts and circumstances
which, in the judgment of the
51 agency, may have a bearing upon the question of residence, that the
52 tenant maintains his primary residence
at some place other than at such
53 housing accommodation.
54 § 2. Paragraph 13 of
subdivision a of section 5 of section 4 of chap-
55 ter 576 of the laws of 1974, constituting the emergency tenant
S.
5693 4
1 protection act of nineteen seventy-four,
as amended by chapter 116 of
2 the laws of 1997, is amended to read
as follows:
3
(13) any housing accommodation with a legal regulated rent of two
4 thousand dollars or more per month at
any time between the effective
5 date of this paragraph and October first,
nineteen hundred ninety-three
6 which is or becomes vacant on or after
the effective date of this para-
7 graph, or any housing accommodation with
a legal regulated rent of two
8 thousand dollars
or more per month at any time on or after the effective
9 date of the rent regulation reform act
of 1997 which is or becomes
10 vacant on or after the effective date
of the rent regulation reform act
11 of
1997. This exclusion shall apply regardless of
whether the next
12 tenant in occupancy or any subsequent
tenant in occupancy actually is
13 charged or pays less than two thousand
dollars a month. Provided
howev-
14 er, that this exclusion shall not apply to housing accommodations
which
15 became or become subject to this act
(a) by virtue of receiving tax
16 benefits pursuant to section four hundred
twenty-one-a or four hundred
17 eighty-nine of the real property tax
law, except as otherwise provided
18 in subparagraph (i) of paragraph (f)
of subdivision two of section four
19 hundred twenty-one-a of the real property
tax law, or (b) by virtue of
20 article seven-C of the multiple dwelling
law. This paragraph shall not
21 apply, however, to or become effective
with respect to housing accommo-
22 dations which the commissioner determines
or finds that the landlord or
23 any person acting on his or her behalf,
with intent to cause the tenant
24 to vacate, has engaged in any course
of conduct (including, but not
25 limited to, interruption or discontinuance
of required services) which
26 interfered with or disturbed or was intended
to interfere with or
27 disturb the comfort, repose, peace or
quiet of the tenant in his or her
28 use or occupancy of the housing accommodations
and in connection with
29 such course of conduct, any other general
enforcement provision of this
30 act shall also apply.
31 § 3. Section 10 of section 4 of chapter
576 of the laws of 1974,
32 constituting the emergency tenant protection
act of nineteen seventy-
33 four, is amended by adding a new subdivision
a-2 to read as follows:
34 a-2. Provides that where
the amount of rent charged to and paid by the
35
tenant is less than the legal regulated rent for the housing accommo-
36 dation, the amount of rent for such
housing accommodation which may be
37 charged upon renewal or upon vacancy
thereof may, at the option of the
38 owner, be based upon such previously
established legal regulated rent,
39 as adjusted by the most recent applicable
guidelines increases and other
40 increases authorized by law. Where,
subsequent to vacancy, such legal
41 regulated rent, as adjusted by the
most recent applicable guidelines
42 increases and any other increases
authorized by law is two thousand
43 dollars or more per month, such housing
accommodation shall be excluded
44 from the provisions of this act pursuant
to paragraph thirteen of subdi-
45 vision a of section five of this act.
46 § 4. Subdivision a of section 26-504.2
of the administrative code of
47 the city of New York, as amended by chapter
116 of the laws of 1997 and
48 such paragraph as designated by local
law number 12 of the city of New
49 York for the year 2000, is amended to
read as follows:
50 a. "Housing accommodations" shall
not include any housing accommo-
51 dation which becomes vacant on or after
April first, nineteen hundred
52 ninety-seven and where at the time the
tenant vacated such housing
53 accommodation the legal regulated rent
was two thousand dollars or more
54 per month, or any housing accommodation
which is or becomes vacant on or
55 after the effective date of the rent
regulation reform act of 1997 with
56 a legal regulated rent of two thousand
dollars or more per month. This
S.
5693 5
1 exclusion
shall apply regardless of whether the next tenant in occupancy
2 or any subsequent tenant in occupancy
actually is charged or pays less
3 than two thousand dollars a month. Provided
however, that this exclusion
4 shall not apply to housing accommodations
which became or become subject
5 to this law (a) by virtue of receiving
tax benefits pursuant to section
6 four hundred twenty-one-a or four hundred
eighty-nine of the real prop-
7 erty tax law, except as otherwise provided
in subparagraph (i) of para-
8 graph (f) of subdivision two of section
four hundred twenty-one-a of the
9 real property tax law, or (b) by virtue
of article seven-C of the multi-
10 ple dwelling law. This section shall
not apply, however, to or become
11 effective with respect to housing accommodations
which the commissioner
12 determines or finds that the landlord
or any person acting on his or her
13 behalf, with intent to cause the tenant
to vacate, engaged in any course
14 of conduct (including, but not limited
to, interruption or discontin-
15 uance of required services) which interfered
with or disturbed or was
16 intended to interfere with or disturb
the comfort, repose, peace or
17 quiet of the tenant in his or her use
or occupancy of the housing accom-
18 modations and in connection with such
course of conduct, any other
19 general enforcement provision of this
law shall also apply.
20 § 5. Subparagraph (k)
of paragraph 2 of subdivision e of section
21 26-403
of the administrative code of the city of New York, as amended by
22 chapter 116 of the laws of 1997, is amended
to read as follows:
23 (k) Any housing accommodation which becomes
vacant on or after April
24 first, nineteen hundred ninety-seven
and where at the time the tenant
25 vacated such housing accommodation the
maximum rent was two thousand
26 dollars or more per month, or any housing accommodation
which is or
27 becomes vacant on or after the effective
date of the rent regulation
28 reform act of 1997 with a maximum rent
of two thousand dollars or more
29 per month. This
exclusion shall apply regardless of whether the next
30 tenant in occupancy or any subsequent
tenant in occupancy actually is
31 charged or pays less than two thousand
dollars a month. Provided
howev-
32 er, that this exclusion shall not apply
to housing accommodations which
33 became or become subject to this law
by virtue of receiving tax benefits
34 pursuant to section four hundred eighty-nine
of the real property tax
35 law. This subparagraph shall not apply,
however, to or become effective
36 with respect to housing accommodations
which the commissioner determines
37 or finds that the landlord or any person
acting on his or her behalf,
38 with intent to cause the tenant to vacate,
has engaged in any course of
39 conduct (including, but not limited to,
interruption or discontinuance
40 of required services) which interfered
with or disturbed or was intended
41 to interfere with or disturb the comfort,
repose, peace or quiet of the
42 tenant in his or her use or occupancy
of the housing accommodations and
43 in connection with such course of conduct,
any other general enforcement
44 provision of this law shall also apply.
45 § 6. Subdivision c of
section 26-511 of the administrative code of the
46 city of New York is amended by adding
a new paragraph 14 to read
as
47 follows:
48 (14) provides that where the amount of rent charged to and
paid by the
49 tenant is less than the legal regulated
rent for the housing accommo-
50 dation, the amount of rent for such
housing accommodation which may be
51 charged upon renewal or upon vacancy
thereof may, at the option of the
52 owner, be based upon such previously
established legal regulated rent,
53 as adjusted by the most recent applicable
guidelines increases and any
54 other increases authorized by law.
Where, subsequent to vacancy, such
55 legal regulated rent, as adjusted
by the most recent applicable guide-
56 lines increases and any other increases
authorized by law is two thou-
S.
5693 6
1 sand dollars or more per month, such
housing accommodation shall be
2 excluded from the provisions of this
law pursuant to section 26-504.2 of
3 this chapter.
4 § 6-a. Paragraph (n) of subdivision 2 of
section 2 of chapter 274 of
5 the laws of 1946, constituting the emergency
housing rent control law,
6 as amended by chapter 116 of the laws
of 1997, is amended to read as
7 follows:
8 (n) any housing accommodation
with a maximum rent of two
thousand
9 dollars or more per month at any time
between the effective date of this
10 paragraph and October first, nineteen
hundred ninety-three which is or
11 becomes vacant on or after the effective
date of this paragraph, or any
12 housing accommodation with a maximum
rent of two thousand dollars or
13 more per month at any time on or after
the effective date of the rent
14 regulation reform act of 1997 which is
or becomes vacant on or after the
15 effective date of the rent regulation
reform act of 1997. This
exclu-
16 sion shall apply regardless of whether
the next tenant in occupancy or
17 any subsequent tenant in occupancy
actually is charged or pays less than
18 two thousand dollars a month. This
exclusion
shall not apply, however,
19 to or become effective with respect to
housing accommodations which the
20 commissioner determines or finds that
the landlord or any person acting
21 on his or her behalf, with intent to
cause the tenant to vacate,
has
22 engaged in any course of conduct (including,
but not limited to, inter-
23 ruption or discontinuance of required
services) which interfered with or
24 disturbed or was intended to interfere
with or disturb the comfort,
25 repose, peace or quiet of the tenant
in his or her use or occupancy of
26 the housing accommodations and in connection with
such course of
27 conduct, any other general enforcement
provision of this law shall also
28 apply.
29 § 7. Section 17 of chapter
576 of the laws of 1974, amending the emer-
30 gency housing rent control law relating
to the control of and stabiliza-
31 tion of rent in certain cases, as amended
by a chapter of the laws of
32 2003, amending chapter 576 of the laws
of 1974, amending the emergency
33 housing rent control law relating to
the control of and stabilization of
34 rent in certain cases, and various other
laws relating to extending the
35 dates upon which certain provisions thereof expire, as proposed in
36 legislative bills numbers S. 5675 and
A. 9105, is amended to read as
37 follows: This act shall take effect immediately and
39 shall remain in full force and effect
until and including the [nine-
40 teenth] fifteenth day
of June [2003] 2011;
except that sections two and
41 three shall take effect with respect
to any city having a population of
42 one million or more and section one shall
take effect with respect to
43 any other city, or any town or village
whenever the local legislative
44 body of a city, town or village determines the existence
of a public
45 emergency pursuant to section three of
the emergency tenant protection
46 act of nineteen seventy-four, as enacted
by section four of this act,
47 and provided that the housing accommodations
subject on the effective
48 date of this act to stabilization pursuant
to the New York city rent
49 stabilization law of nineteen hundred
sixty-nine shall remain subject to
50 such law upon the expiration of this
act.
51 § 8. Subdivision 2 of
section 1 of chapter 274 of the laws of 1946,
52 constituting the emergency housing rent
control law, as amended by a
53 chapter of the laws of 2003, amending
chapter 576 of the laws of 1974,
54 amending the emergency housing rent control
law relating to the control
55 of and stabilization of rent in certain
cases, and various other laws
56 relating to extending the dates upon
which certain provisions thereof
S.
5693 7
1 expire, as proposed in legislative bills
numbers S. 5675 and A. 9105, is
2 amended to read as follows:
3 2. The provisions of this act, and all regulations,
orders and
4 requirements thereunder shall remain
in full force and effect until and
5 including June [19, 2003] 15,
2011.
6 § 9. Section 2 of chapter 329 of the laws
of 1963, amending the emer-
7 gency housing rent control law relating
to recontrol of rents in the
8 city of Albany, as amended by a chapter
of the laws of 2003, amending
9 chapter 576 of the laws of 1974, amending the emergency housing rent
10 control law relating to the control of and stabilization of rent in
11 certain cases, and various other laws
relating to extending the
dates
12 upon which certain provisions thereof
expire, as proposed in legislative
13 bills numbers S. 5675 and A. 9105, is
amended to read as follows:
14 § 2. This act shall take effect immediately and the provisions
of
15 subdivision 6 of section 12 of the emergency
housing rent control law,
16 as added by this act,
shall remain in full force and effect until and
17 including June [19, 2003] 15,
2011.
18 § 10. Section 10 of chapter 555 of the laws of 1982, amending the
19 general business law and the administrative
code of the city of New York
20 relating to conversion of residential
property to cooperative or condo-
21 minium ownership in the city of New York,
as amended by a chapter of the
22 laws of 2003, amending chapter 576 of
the laws of 1974, amending the
23 emergency housing rent control law relating
to the control of and
24 stabilization of rent in certain cases,
and various other laws relating
25 to extending the dates upon which certain
provisions thereof expire, as
26 proposed in legislative bills numbers
S. 5675 and A. 9105, is amended to
27 read as follows:
28 § 10. This act shall
take effect immediately; provided,
that the
29 provisions of sections one, two and nine of this act shall remain in
30 full force and effect only until and
including June [19, 2003] 15, 2011;
31 provided further that the provisions
of section three of this act shall
32 remain in full force and effect only
so long as the public emergency
33 requiring the regulation and control
of residential rents and evictions
34 continues as provided in subdivision
3 of section 1 of the local emer-
35 gency housing rent control act; provided
further that the provisions of
36 sections four, five, six and seven of
this act shall expire in accord-
37 ance with the provisions of section 26-520
of the administrative code of
38 the city of New York as such section
of the administrative code is, from
39 time to time, amended; provided further
that the provisions of section
40 26-511 of the administrative code of
the city of New York, as amended by
41 this act, which the New York City Department
of Housing Preservation and
42 Development must find are contained in
the code of the real estate
43 industry stabilization association of
such city in order to approve it,
44 shall be deemed contained therein as
of the effective date of this act;
45 and provided further that any plan accepted
for filing by the department
46 of law on or before the effective date
of this act shall continue to be
47 governed by the provisions of section
352-eeee of the general business
48 law as they had existed immediately prior
to the effective date of this
49 act.
50 § 11. Section 4 of
chapter 402 of the laws of 1983, amending the
51 general business law relating to conversions
of rental residential prop-
52 erty to cooperative or condominium ownership
in certain municipalities
53 in the counties of Nassau, Westchester
and Rockland, as amended by a
54 chapter of the laws of 2003, amending
chapter 576 of the laws of 1974,
55 amending the emergency housing rent control law relating to the control
