Bill Text: NY A00914 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to limited profit housing companies.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2024-01-03 - referred to housing [A00914 Detail]
Download: New_York-2023-A00914-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 914 2023-2024 Regular Sessions IN ASSEMBLY January 11, 2023 ___________ Introduced by M. of A. L. ROSENTHAL, BICHOTTE HERMELYN, JOYNER, WALKER -- read once and referred to the Committee on Housing AN ACT to amend the emergency tenant protection act of nineteen seven- ty-four, in relation to limited-profit housing companies and other buildings or structures which received project-based rental assistance The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and declaration of emergency. The 2 legislature hereby finds and declares that the serious public emergency 3 which led to the enactment of the existing laws regulating residential 4 rents and evictions continues to exist; that such laws would better 5 serve the public interest if certain changes were made thereto, includ- 6 ing extending to certain cities, towns and villages the authority to 7 provide for the regulation of rents and evictions with regard to housing 8 accommodations that cease or have ceased to be regulated pursuant to 9 article 2 of the private housing finance law, known as the Mitchell-Lama 10 law, or pursuant to project-based section eight contracts entered into 11 with the federal government. 12 The legislature further recognizes that severe disruption of the 13 rental housing market has occurred and threatens to be exacerbated as a 14 result of the abrupt termination of rent and eviction regulation when 15 buildings completed or substantially renovated as family units on or 16 after January first, nineteen hundred seventy-four exit the Mitchell- 17 Lama program or when buildings cease to be subject to project-based 18 section eight contracts. The situation had permitted speculative and 19 profiteering practices and has brought about the loss of vital and irre- 20 placeable affordable housing for working persons and families. 21 The legislature therefore declares that in order to prevent uncertain- 22 ty, potential hardship and dislocation of tenants living in housing 23 accommodations subject to government regulations as to rentals and 24 continued occupancy as well as those not subject to such regulations, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01293-01-3A. 914 2 1 the provisions of this act are necessary to protect the public health, 2 safety and general welfare. The necessity in the public interest for the 3 provisions hereinafter enacted is hereby declared as a matter of legis- 4 lative determination. 5 § 2. Section 5 of section 4 of chapter 576 of the laws of 1974 consti- 6 tuting the emergency tenant protection act of nineteen seventy-four is 7 amended by adding a new subdivision c to read as follows: 8 c. Notwithstanding any other provision of this section, nothing shall 9 prevent the declaration of an emergency pursuant to section three of 10 this act for rental housing accommodations located in buildings or 11 structures which were owned by a company established under article two 12 of the private housing finance law, other than a mutual company, which 13 are no longer owned by such company by reason of a voluntary dissolution 14 pursuant to section thirty-five of such law or for rental housing accom- 15 modations located in buildings or structures defined as covered projects 16 pursuant to section 8 of the United States housing act of nineteen thir- 17 ty-seven, as amended, or any successor statute, and any regulations 18 promulgated thereunder in which rental housing accommodations received 19 project-based rental assistance from the United States department of 20 housing and urban development pursuant to contracts with the owners of 21 such buildings or structures which expired or were terminated. The 22 initial legal regulated rent for housing accommodations located in 23 buildings or structures that were owned by housing companies or that 24 were covered projects previously regulated under the private housing 25 finance law or under federal law, shall be the rent charged to and paid 26 by the tenant in occupancy one hundred eighty days prior to the effec- 27 tive date of a chapter of the laws of two thousand twenty-three which 28 added this subdivision or, for accommodations vacant on such date, the 29 most recent rent charged to and paid by a tenant prior to such date, 30 including any income-related surcharges, as adjusted by all applicable 31 guidelines increases and other increases authorized by law. The 32 provisions of subdivision a of section nine of this act or of subdivi- 33 sion a of section 26-513 of the administrative code of the city of New 34 York shall not apply to any housing accommodation which became subject 35 to this act pursuant to the provisions of this subdivision. 36 § 3. Notwithstanding any provision of law to the contrary, in a city 37 having a population of one million or more, the New York city rent 38 stabilization law of nineteen hundred sixty-nine may be amended by local 39 law or ordinance to provide for the regulation of rents and evictions 40 and the enforcement of such rent stabilization law with regard to hous- 41 ing accommodations made subject to such law by a declaration of emergen- 42 cy made pursuant to this act. 43 § 4. This act shall take effect immediately and shall apply to housing 44 accommodations located in buildings or structures owned by housing 45 companies that dissolved on, before or after such date and to housing 46 accommodations in buildings or structures that were covered projects and 47 had contracts for rental assistance that expired or were terminated on, 48 before or after such date.
