Bill Text: NY A05636 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to the de-regulation of rent-stabilized housing accommodations; eliminates rent regulation for any regulated housing accommodation that becomes vacant on or after June 16, 2022; makes exceptions.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced - Dead) 2022-01-05 - referred to housing [A05636 Detail]

Download: New_York-2021-A05636-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5636

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 22, 2021
                                       ___________

        Introduced  by  M. of A. FITZPATRICK, ABBATE -- Multi-Sponsored by -- M.
          of A. BYRNES, MANKTELOW, SMITH  --  read  once  and  referred  to  the
          Committee on Housing

        AN  ACT to amend the emergency housing rent control law, the local emer-
          gency housing rent control act, the emergency tenant protection act of
          nineteen seventy-four and the administrative code of the city  of  New
          York,  in  relation  to  the  de-regulation of rent-stabilized housing
          accommodations upon vacancy

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Paragraph (i) of subdivision 2 of section 2 of chapter 274
     2  of the laws of 1946, constituting the  emergency  housing  rent  control
     3  law,  as  amended by chapter 576 of the laws of 1974, is amended to read
     4  as follows:
     5    (i) housing accommodations which  become  vacant  on  and  after  June
     6  sixteenth,   two  thousand  twenty-two,  provided,  however,  that  this
     7  exemption shall not apply  or  become  effective  where  the  commission
     8  determines  or  finds  that  the  housing  accommodations  became vacant
     9  because the landlord or any person acting on his behalf, with intent  to
    10  cause the tenant to vacate, engaged in any course of conduct (including,
    11  but   not  limited  to,  interruption  or  discontinuance  of  essential
    12  services) which interfered with or disturbed or was intended  to  inter-
    13  fere  with  or disturb the comfort, repose, peace or quiet of the tenant
    14  in his use or occupancy of  the  housing  accommodations;  [and  further
    15  provided that housing accommodations as to which a housing emergency has
    16  been  declared  pursuant to the emergency tenant protection act of nine-
    17  teen seventy-four shall be subject to the provisions of such act for the
    18  duration of such emergency;] or
    19    § 2. The second undesignated paragraph of subdivision 5 of  section  1
    20  of  chapter  21  of  the  laws of 1962, constituting the local emergency

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08159-01-1
        A. 5636                             2

     1  housing rent control act, as amended by chapter 82 of the laws of  2003,
     2  is amended to read as follows:
     3    Notwithstanding  any  local  law  or ordinance, housing accommodations
     4  which [became] become vacant  (a)  on  or  after  July  first,  nineteen
     5  hundred  seventy-one [or which hereafter become vacant], but before June
     6  sixteenth, two thousand twenty-two shall be subject to the provisions of
     7  the emergency tenant protection act of nineteen seventy-four, and (b) on
     8  or after June sixteenth, two thousand twenty-two shall  be  exempt  from
     9  regulations  and control; provided, however, that [this provision] these
    10  exemptions shall not apply or become effective with respect  to  housing
    11  accommodations  which,  by  local  law  or  ordinance, are made directly
    12  subject to regulation and control by a city housing rent agency and such
    13  agency determines or finds that the housing accommodations became vacant
    14  because the landlord or any person acting on his behalf, with intent  to
    15  cause  the tenant to vacate, engaged in any course of conduct (including
    16  but  not  limited  to,  interruption  or  discontinuance  of   essential
    17  services)  which  interfered with or disturbed or was intended to inter-
    18  fere with or disturb the comfort, repose, peace or quiet of  the  tenant
    19  in  his  use  or occupancy of the housing accommodations. The removal of
    20  any housing accommodation from regulation and control of rents  pursuant
    21  to  the  vacancy  [exemption]  exemptions provided for in this paragraph
    22  shall not constitute or operate as a ground for the subjection  to  more
    23  stringent  regulation  and  control of any housing accommodation in such
    24  property or in any other property owned by the same  landlord,  notwith-
    25  standing any prior agreement to the contrary by the landlord. The vacan-
    26  cy  exemption  provided  for in subparagraph (a) of this paragraph shall
    27  not arise with respect to any rented plot or parcel  of  land  otherwise
    28  subject  to the provisions of this act, by reason of a transfer of title
    29  and possession occurring on or after July first, nineteen hundred seven-
    30  ty-one, but before June sixteenth, two thousand twenty-two, of a  dwell-
    31  ing  located  on  such plot or parcel and owned by the tenant where such
    32  transfer of title and possession is made to a  member  of  the  tenant's
    33  immediate  family  provided  that  the  member of the tenant's immediate
    34  family occupies the dwelling with the tenant prior to  the  transfer  of
    35  title and possession for a continuous period of two years.
    36    §  3.  Subdivision  a  of section 5 of section 4 of chapter 576 of the
    37  laws of 1974, constituting the emergency tenant protection act of  nine-
    38  teen  seventy-four,  is amended by adding a new paragraph 3-a to read as
    39  follows:
    40    (3-a) housing accommodations which become  vacant  on  or  after  June
    41  sixteenth,   two  thousand  twenty-two,  provided,  however,  that  this
    42  exemption shall not apply to or become effective with respect to housing
    43  accommodations which the commissioner determines or finds became  vacant
    44  because  the  landlord  or  any person acting on his or her behalf, with
    45  intent to cause the tenant to vacate, engaged in any course  of  conduct
    46  (including,  but  not  limited  to,  interruption  or  discontinuance of
    47  required services) which interfered with or disturbed or was intended to
    48  interfere in his or her use or occupancy of the housing accommodations;
    49    § 4. Section 26-504 of the administrative code of the city of New York
    50  is amended by adding a new subdivision d to read as follows:
    51    d. Notwithstanding any of the provisions of this section or  title  or
    52  any  other  provisions  of  law, this law shall not apply to any housing
    53  accommodation which becomes vacant on or after June sixteenth, two thou-
    54  sand twenty-two provided, however, that this exemption shall  not  apply
    55  to  or become effective with respect to housing accommodations which the
    56  commissioner determines or finds became vacant because the  landlord  or
        A. 5636                             3

     1  any  person acting on his or her behalf, with intent to cause the tenant
     2  to vacate, engaged in any course of conduct (including but  not  limited
     3  to, interruption or discontinuance of required services) which interfer-
     4  ed  with  or  disturbed or was intended to interfere with or disturb the
     5  comfort, repose, peace or quiet of the tenant in his or her use or occu-
     6  pancy of the housing accommodations.
     7    § 5. This act shall take effect immediately; provided,  however,  that
     8  the  amendments to the local emergency housing rent control act, made by
     9  section two of this act, shall remain in full force and effect  only  so
    10  long  as  the  public  emergency requiring the regulation and control of
    11  residential rents and evictions continues, as provided in section  1  of
    12  chapter  21  of  the laws of 1962, as amended; and provided further that
    13  the amendments to the rent stabilization law of nineteen hundred  sixty-
    14  nine, made by section four of this act, shall expire on the same date as
    15  such  law  expires  and  shall  not affect the expiration of such law as
    16  provided under section 26-520 of the administrative code of the city  of
    17  New York.