Bill Text: NY A01128 | 2013-2014 | General Assembly | Introduced


Bill Title: Provides that in cities with a population of one million or more, the rent following the dissolution date of Mitchell-Lama developments shall be the last rent authorized for the affected dwelling.

Spectrum: Partisan Bill (Democrat 27-0)

Status: (Engrossed - Dead) 2014-06-17 - REFERRED TO RULES [A01128 Detail]

Download: New_York-2013-A01128-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1128
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of A. ROSENTHAL, BENEDETTO, MILLMAN, ROBINSON, COOK,
         WRIGHT, CAMARA, MARKEY, TITONE, MAISEL, O'DONNELL, DINOWITZ, KAVANAGH,
         TITUS, CYMBROWITZ, COLTON, BROOK-KRASNY, GIBSON -- Multi-Sponsored  by
         --  M.  of  A. BARRON, BOYLAND, BRENNAN, CASTRO, FARRELL, GLICK, GOTT-
         FRIED, HEASTIE, HEVESI, KELLNER, RIVERA -- read once and  referred  to
         the Committee on Housing
       AN  ACT to amend the private housing finance law, in relation to limited
         profit housing companies in a city with a population of one million or
         more
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The private housing finance law is amended by adding a new
    2  section 35-a to read as follows:
    3    S 35-A. RENT FOLLOWING DISSOLUTION. 1. AS USED IN  THIS  SECTION,  THE
    4  FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
    5    (A)  "AFFECTED DEVELOPMENT" SHALL MEAN HOUSING ACCOMMODATIONS THAT (I)
    6  PRIOR TO THE DISSOLUTION DATE WERE  OPERATED  AS  A  RENTAL  DEVELOPMENT
    7  PURSUANT  TO  THIS  ARTICLE; AND (II) FOLLOWING THE DISSOLUTION DATE ARE
    8  SUBJECT TO THE RENT STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE  OR
    9  THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR.
   10    (B)  "AFFECTED DWELLING UNIT" SHALL MEAN A HOUSING UNIT IN AN AFFECTED
   11  DEVELOPMENT.
   12    (C) "AFFECTED HOUSING COMPANY" SHALL  MEAN  A  LIMITED-PROFIT  HOUSING
   13  COMPANY WITH AN AFFECTED DEVELOPMENT.
   14    (D) "DISSOLUTION DATE" SHALL MEAN, WITH RESPECT TO ANY AFFECTED DEVEL-
   15  OPMENT,  THE DATE OF DISSOLUTION OR RECONSTITUTION OF THE AFFECTED HOUS-
   16  ING  COMPANY  WITH  SUCH  AFFECTED  DEVELOPMENT  PURSUANT   TO   SECTION
   17  THIRTY-FIVE OF THIS ARTICLE.
   18    2.  NOTWITHSTANDING  THE  PROVISIONS  OF ANY GENERAL, SPECIAL OR LOCAL
   19  LAW:  (A) THE INITIAL LEGAL REGULATED RENT  FOR  ANY  AFFECTED  DWELLING
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04421-01-3
       A. 1128                             2
    1  UNIT ON AND AFTER THE DISSOLUTION DATE SHALL BE THE LAST RENT AUTHORIZED
    2  FOR  THE  AFFECTED  DWELLING UNIT BEFORE THE DISSOLUTION DATE, INCLUDING
    3  RENTAL SURCHARGES, IF ANY, AND (B) SUCH LEGAL REGULATED RENT  SHALL  NOT
    4  AT  ANY  TIME  BE  SUBJECT  TO  ADJUSTMENT  PURSUANT TO SUBDIVISION A OF
    5  SECTION 26-513 OF THE ADMINISTRATIVE CODE OF THE CITY OF  NEW  YORK,  OR
    6  SUBDIVISION  A  OF  SECTION  9  OF  SECTION  4  OF  THE EMERGENCY TENANT
    7  PROTECTION ACT OF NINETEEN SEVENTY-FOUR.
    8    S 2. This act shall take effect immediately.
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