Bill Text: NY A06194 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to permitting certain rent increases for capital improvements to rent regulated buildings and apartments.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2022-01-05 - referred to housing [A06194 Detail]
Download: New_York-2021-A06194-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6194 2021-2022 Regular Sessions IN ASSEMBLY March 10, 2021 ___________ Introduced by M. of A. FITZPATRICK, BARCLAY, SCHMITT -- Multi-Sponsored by -- M. of A. BROWN, BYRNES, JENSEN, LAWLER, REILLY, SMITH -- read once and referred to the Committee on Housing AN ACT to amend the emergency tenant protection act of nineteen seven- ty-four, the emergency housing rent control law, and the administra- tive code of the city of New York, in relation to rent increases in certain cases; to repeal certain provisions of the administrative code of the city of New York, the emergency tenant protection act of nine- teen seventy-four, and the emergency housing rent control law relating to improvements in rent regulated buildings and units; and to repeal section 17 of part K of chapter 36 of the laws of 2019 enacting the Housing Stability and Tenant Protection act of 2019 relating to the use of certain revenues The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 1 of subdivision d of section 6 of section 4 of 2 chapter 576 of the laws of 1974, constituting the emergency tenant 3 protection act of nineteen seventy-four, as amended by section 18 of 4 part Q of chapter 39 of the laws of 2019, is amended to read as follows: 5 (1) there has been a substantial modification or increase of dwelling 6 space or an increase in the services, or installation of new equipment 7 or improvements or new furniture or furnishings, provided in or to a 8 tenant's housing accommodation, on written [informed] tenant consent to 9 the rent increase. In the case of a vacant housing accommodation, tenant 10 consent shall not be required. The [temporary] permanent increase in the 11 legal regulated rent for the affected housing accommodation shall be 12 [one-one hundred sixty-eighth] one-fortieth, in the case of a building 13 with thirty-five or fewer housing accommodations or [one-one hundred14eightieth] one-sixtieth in the case of a building with more than thir- 15 ty-five housing accommodations where such permanent increase takes 16 effect on or after [the effective date of the chapter of the laws of twoEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08349-01-1A. 6194 2 1thousand nineteen that amended this paragraph, of the total actual cost2incurred by the landlord up to fifteen thousand dollars in providing3such reasonable and verifiable modification or increase in dwelling4space, furniture, furnishings, or equipment, including the cost of5installation but excluding finance charges and any costs that exceed6reasonable costs established by rules and regulations promulgated by the7division of housing and community renewal. Such rules and regulations8shall include: (i) requirements for work to be done by licensed9contractors and a prohibition on common ownership between the landlord10and the contractor or vendor; and (ii) a requirement that the owner11resolve within the dwelling space all outstanding hazardous or imme-12diately hazardous violations of the Uniform Fire Prevention and Building13Code (Uniform Code), New York City Fire Code, or New York City Building14and Housing Maintenance Codes, if applicable] September twenty-fourth, 15 two thousand eleven, of the total cost incurred by the landlord in 16 providing such modification or increase in dwelling space, services, 17 furniture, furnishings or equipment, including the cost of installation, 18 but excluding finance charges. Provided further that an owner who is 19 entitled to a rent increase pursuant to this paragraph shall not be 20 entitled to a further rent increase based upon the installation of simi- 21 lar equipment, or new furniture or furnishings within the useful life of 22 such new equipment, or new furniture or furnishings. [Provided further23that the recoverable costs incurred by the landlord, pursuant to this24paragraph, shall be limited to an aggregate cost of fifteen thousand25dollars that may be expended on no more than three separate individual26apartment improvements in a fifteen year period beginning with the first27individual apartment improvement on or after June fourteenth, two thou-28sand nineteen. Provided further that increases to the legal regulated29rent pursuant to this paragraph shall be removed from the legal regu-30lated rent thirty years from the date the increase became effective31inclusive of any increases granted by the applicable rent guidelines32board.] 33 § 2. Paragraph 13 of subdivision c of section 26-511 of the adminis- 34 trative code of the city of New York, as amended by section 19 of part Q 35 of chapter 39 of the laws of 2019, is amended to read as follows: 36 (13) provides that an owner is entitled to a rent increase where there 37 has been a substantial modification or increase of dwelling space or an 38 increase in the services, or installation of new equipment or improve- 39 ments or new furniture or furnishings provided in or to a tenant's hous- 40 ing accommodation, on written [informed] tenant consent to the rent 41 increase. In the case of a vacant housing accommodation, tenant consent 42 shall not be required. The [temporary] permanent increase in the legal 43 regulated rent for the affected housing accommodation shall be [one-one44hundred sixty-eighth] one-fortieth, in the case of a building with thir- 45 ty-five or fewer housing accommodations [or one-one hundred eightieth], 46 or one-sixtieth in the case of a building with more than thirty-five 47 housing accommodations where such permanent increase takes effect on or 48 after [the effective date of the chapter of the laws of two thousand49nineteen that amended this paragraph, of the total actual cost incurred50by the landlord in providing such reasonable and verifiable modification51or increase in dwelling space, furniture, furnishings, or equipment,52including the cost of installation but excluding finance charges and any53costs that exceed reasonable costs established by rules and regulations54promulgated by the division of housing and community renewal. Such rules55and regulations shall include: (i) requirements for work to be done by56licensed contractors and prohibit common ownership between the landlordA. 6194 3 1and the contractor or vendor; and (ii) a requirement that the owner2resolve within the dwelling space all outstanding hazardous or imme-3diately hazardous violations of the Uniform Fire Prevention and Building4Code (Uniform Code), New York City Fire Code, or New York City Building5and Housing Maintenance Codes, if applicable] September twenty-fourth, 6 two thousand eleven, of the total cost incurred by the landlord in 7 providing such modification or increase in dwelling space, services, 8 furniture, furnishings or equipment, including the cost of installation, 9 by excluding finance charges. Provided further that an owner who is 10 entitled to a rent increase pursuant to this paragraph shall not be 11 entitled to a further rent increase based upon the installation of simi- 12 lar equipment, or new furniture or furnishings within the useful life of 13 such new equipment, or new furniture or furnishings. [Provided further14that the recoverable costs incurred by the landlord, pursuant to this15paragraph, shall be limited to an aggregate cost of fifteen thousand16dollars that may be expended on no more than three separate individual17apartment improvements in a fifteen year period beginning with the first18individual apartment improvement on or after June fourteenth, two thou-19sand nineteen. Provided further that increases to the legal regulated20rent pursuant to this paragraph shall be removed from the legal regu-21lated rent thirty years from the date the increase became effective22inclusive of any increases granted by the applicable rent guidelines23board.] 24 § 3. Subparagraph (e) of paragraph 1 of subdivision g of section 25 26-405 of the administrative code of the city of New York, as amended by 26 section 20 of part Q of chapter 39 of the laws of 2019, is amended to 27 read as follows: 28 (e) The landlord and tenant by mutual voluntary written agreement 29 [demonstrating informed consent] agree to a substantial increase or 30 decrease in dwelling space or a change in the services, furniture, 31 furnishings or equipment provided in the housing accommodations. An 32 adjustment under this subparagraph shall be equal to [one-one hundred33sixty-eighth] one-fortieth, in the case of a building with thirty-five 34 or fewer housing accommodations [or one-one hundred eightieth], or one- 35 sixtieth, in the case of a building with more than thirty-five housing 36 accommodations where such [temporary] adjustment takes effect on or 37 after [the effective date of the chapter of the laws of two thousand38nineteen that amended this subparagraph, of the total actual cost39incurred by the landlord in providing such reasonable and verifiable40modification or increase in dwelling space, furniture, furnishings, or41equipment, including the cost of installation but excluding finance42charges and any costs that exceed reasonable costs established by rules43and regulations promulgated by the division of housing and community44renewal. Such rules and regulations shall include: (i) requirements for45work to be done by licensed contractors and prohibit common ownership46between the landlord and the contractor or vendor; and (ii) a require-47ment that the owner resolve within the dwelling space all outstanding48hazardous or immediately hazardous violations of the Uniform Fire49Prevention and Building Code (Uniform Code), New York City Fire Code, or50New York City Building and Housing Maintenance Codes, if applicable.51Provided] September twenty-fourth, two thousand eleven, of the total 52 cost incurred by the landlord in providing such modification or increase 53 in dwelling space, services, furniture, furnishings or equipment, 54 including the cost of installation, but excluding finance charges, 55 provided further that an owner who is entitled to a rent increase pursu- 56 ant to this subparagraph shall not be entitled to a further rentA. 6194 4 1 increase based upon the installation of similar equipment, or new furni- 2 ture or furnishings within the useful life of such new equipment, or new 3 furniture or furnishings. [Provided further that the recoverable costs4incurred by the landlord, pursuant to this subparagraph shall be limited5to an aggregate cost of fifteen thousand dollars that may be expended on6no more than three separate individual apartment improvements in a7fifteen year period beginning with the first individual apartment8improvement on or after June fourteenth, two thousand nineteen. Provided9further that increases to the legal regulated rent pursuant to this10subparagraph shall be removed from the legal regulated rent thirty years11from the date the increase became effective inclusive of any increases12granted by the applicable rent guidelines board.] The owner shall give 13 written notice to the city rent agency of any such [temporary] adjust- 14 ment pursuant to this subparagraph; or 15 § 4. Section 26-511.1 of the administrative code of the city of New 16 York is REPEALED. 17 § 5. Section 26-405.1 of the administrative code of the city of New 18 York is REPEALED. 19 § 6. Section 10-b of section 4 of chapter 576 of the laws of 1974, 20 constituting the emergency tenant protection act of nineteen seventy- 21 four, is REPEALED. 22 § 7. Section 8-a of chapter 274 of the laws of 1946, constituting the 23 emergency housing rent control law, is REPEALED. 24 § 8. Paragraph 2 of subdivision 3-a and subparagraphs 7 and 8 of the 25 second undesignated paragraph of paragraph (a) of subdivision 4 of 26 section 4 of chapter 274 of the laws of 1946, constituting the emergency 27 housing rent control law, paragraph 2 of subdivision 3-a and subpara- 28 graph 8 of the second undesignated paragraph of paragraph (a) of subdi- 29 vision 4 as amended by section 8 of part K of chapter 36 of the laws of 30 2019, subparagraph 7 of the second undesignated paragraph of paragraph 31 (a) of subdivision 4 as separately amended by section 14 of part K of 32 chapter 36 and section 25 of part Q of chapter 39 of the laws of 2019, 33 are amended to read as follows: 34 (2) the amount of increases in maximum rent authorized by order 35 because of increases in dwelling space, services, furniture, furnishings 36 or equipment [and the amount of the temporary increase authorized by37order because of a major capital improvement], or major capital improve- 38 ments. 39 (7) there has been since March first, nineteen hundred fifty, a major 40 capital improvement [essential] required for the operation, preserva- 41 tion[, energy efficiency, functionality, or infrastructure of the entire42building, improvement of the structure including heating, windows,43plumbing and roofing, but shall not be for operational costs or unneces-44sary cosmetic improvements] or maintenance of the structure; which for 45 any order of the commissioner issued after the effective date of the 46 [chapter of the laws of two thousand nineteen that amended this para-47graph] rent act of 2015 the cost of such improvement shall be amortized 48 over [a twelve-year] an eight-year period for buildings with thirty-five 49 or fewer units or a [twelve and one-half year] nine-year period for 50 buildings with more than thirty-five units[, and shall be removed from51the legal regulated rent thirty years from the date the increase became52effective inclusive of any increases granted by the applicable rent53guidelines board. Temporary major capital improvement increases shall be54collectible prospectively on the first day of the first month beginning55sixty days from the date of mailing notice of approval to the tenant.56Such notice shall disclose the total monthly increase in rent and theA. 6194 5 1first month in which the tenant would be required to pay the temporary2increase. An approval for a temporary major capital improvement increase3shall not include retroactive payments. The collection of any increase4shall not exceed two percent in any year from the effective date of the5order granting the increase over the rent set forth in the schedule of6gross rents, with collectability of any dollar excess above said sum to7be spread forward in similar increments and added to the rent as estab-8lished or set in future years. Upon vacancy, the landlord may add any9remaining balance of the temporary major capital improvement increase to10the legal regulated rent. Notwithstanding any other provision of the11law, for any renewal lease commencing on or after June 14, 2019, the12collection of any rent increases due to any major capital improvements13approved on or after June 16, 2012 and before June 16, 2019 shall not14exceed two percent in any year for any tenant in occupancy on the date15the major capital improvement was approved; provided, however, where an16application for a temporary major capital improvement increase has been17filed, a tenant shall have sixty days from the date of mailing of a18notice of a proceeding in which to answer or reply. The state division19of housing and community renewal shall provide any responding tenant20with the reasons for the division's approval or denial of such applica-21tion]; or 22 (8) there has been since March first, nineteen hundred fifty, in 23 structures containing more than four housing accommodations, other 24 improvements made with the express [informed] consent of the tenants in 25 occupancy of at least seventy-five per centum of the housing accommo- 26 dations, provided, however, that no adjustment granted hereunder shall 27 exceed [two] fifteen per centum unless the tenants have agreed to a 28 higher percentage of increase, as herein provided; 29 § 9. Paragraph 3 of subdivision d of section 6 of section 4 of chapter 30 576 of the laws of 1974, constituting the emergency tenant protection 31 act of nineteen seventy-four, as amended by section 26 of part Q of 32 chapter 39 of the laws of 2019, is amended to read as follows: 33 (3) there has been since January first, nineteen hundred seventy-four 34 a major capital improvement [essential for the preservation, energy35efficiency, functionality, or infrastructure of the entire building,36improvement of the structure including heating, windows, plumbing and37roofing, but shall not be for operation costs or unnecessary cosmetic38improvements] required for the operation, preservation or maintenance of 39 the structure. An adjustment under this paragraph shall be in an amount 40 sufficient to amortize the cost of the improvements pursuant to this 41 paragraph over [a twelve-year] an eight-year period for a building with 42 thirty-five or fewer housing accommodations, or a [twelve and one-half] 43 nine-year period for a building with more than thirty-five housing 44 accommodations [and shall be removed from the legal regulated rent thir-45ty years from the date the increase became effective inclusive of any46increases granted by the applicable rent guidelines board], for any 47 determination issued by the division of housing and community renewal 48 after the effective date of the [chapter of the laws of two thousand49nineteen that amended this paragraph. Temporary major capital improve-50ment increases shall be collectable prospectively on the first day of51the first month beginning sixty days from the date of mailing notice of52approval to the tenant. Such notice shall disclose the total monthly53increase in rent and the first month in which the tenant would be54required to pay the temporary increase. An approval for a temporary55major capital improvement increase shall not include retroactive56payments. The collection of any increase shall not exceed two percent inA. 6194 6 1any year from the effective date of the order granting the increase over2the rent set forth in the schedule of gross rents, with collectability3of any dollar excess above said sum to be spread forward in similar4increments and added to the rent as established or set in future years.5Upon vacancy, the landlord may add any remaining balance of the tempo-6rary major capital improvement increase to the legal regulated rent.7Notwithstanding any other provision of the law, the collection of any8rent increases for any renewal lease commencing on or after June 14,92019, due to any major capital improvements approved on or after June1016, 2012 and before June 16, 2019 shall not exceed two percent in any11year for any tenant in occupancy on the date the major capital improve-12ment was approved] rent act of 2015, or 13 § 10. Subparagraph (g) of paragraph 1 of subdivision g of section 14 26-405 of the administrative code of the city of New York, as amended by 15 section 27 of part Q of chapter 39 of the laws of 2019, is amended to 16 read as follows: 17 (g) There has been since July first, nineteen hundred seventy, a major 18 capital improvement [essential] required for the operation, preservation 19 [energy efficiency, functionality, or infrastructure of the entire20building, improvement of the structure including heating, windows,21plumbing and roofing but shall not be for operational costs or unneces-22sary cosmetic improvements] or maintenance of the structure. [The tempo-23rary increase based upon a major capital improvement] An adjustment 24 under this subparagraph for any order of the commissioner issued after 25 the effective date of the [chapter of the laws of two thousand nineteen26that amended this subparagraph] rent act of two thousand fifteen shall 27 be in an amount sufficient to amortize the cost of the improvements 28 pursuant to this subparagraph (g) over [a twelve-year] an eight-year 29 period for buildings with thirty-five or fewer units or a [twelve and30one-half year] nine-year period for buildings with more than thirty-five 31 units[, and shall be removed from the legal regulated rent thirty years32from the date the increase became effective inclusive of any increases33granted by the applicable rent guidelines board. Temporary major capital34improvement increases shall be collectible prospectively on the first35day of the first month beginning sixty days from the date of mailing36notice of approval to the tenant. Such notice shall disclose the total37monthly increase in rent and the first month in which the tenant would38be required to pay the temporary increase. An approval for a temporary39major capital improvement increase shall not include retroactive40payments. The collection of any increase shall not exceed two percent in41any year from the effective date of the order granting the increase over42the rent set forth in the schedule of gross rents, with collectability43of any dollar excess above said sum to be spread forward in similar44increments and added to the rent as established or set in future years.45Upon vacancy, the landlord may add any remaining balance of the tempo-46rary major capital improvement increase to the legal regulated rent.47Notwithstanding any other provision of the law, for any renewal lease48commencing on or after June 14, 2019, the collection of any rent49increases due to any major capital improvements approved on or after50June 16, 2012 and before June 16, 2019 shall not exceed two percent in51any year for any tenant in occupancy on the date the major capital52improvement was approved], or 53 § 11. Paragraph 6 of subdivision c of section 26-511 of the adminis- 54 trative code of the city of New York, as separately amended by section 55 12 of part K of chapter 36 and sections 28 and 14 of part Q of chapter 56 39 of the laws of 2019, is amended to read as follows:A. 6194 7 1 (6) provides criteria whereby the commissioner may act upon applica- 2 tions by owners for increases in excess of the level of fair rent 3 increase established under this law provided, however, that such crite- 4 ria shall provide (a) as to hardship applications, for a finding that 5 the level of fair rent increase is not sufficient to enable the owner to 6 maintain approximately the same average annual net income (which shall 7 be computed without regard to debt service, financing costs or manage- 8 ment fees) for the three year period ending on or within six months of 9 the date of an application pursuant to such criteria as compared with 10 annual net income, which prevailed on the average over the period nine- 11 teen hundred sixty-eight through nineteen hundred seventy, or for the 12 first three years of operation if the building was completed since nine- 13 teen hundred sixty-eight or for the first three fiscal years after a 14 transfer of title to a new owner provided the new owner can establish to 15 the satisfaction of the commissioner that he or she acquired title to 16 the building as a result of a bona fide sale of the entire building and 17 that the new owner is unable to obtain requisite records for the fiscal 18 years nineteen hundred sixty-eight through nineteen hundred seventy 19 despite diligent efforts to obtain same from predecessors in title and 20 further provided that the new owner can provide financial data covering 21 a minimum of six years under his or her continuous and uninterrupted 22 operation of the building to meet the three year to three year compar- 23 ative test periods herein provided; and (b) as to completed building- 24 wide major capital improvements, for a finding that such improvements 25 are deemed depreciable under the Internal Revenue Code and that the cost 26 is to be amortized over [a twelve-year] an eight-year period for a 27 building with thirty-five or fewer housing accommodations, or a [twelve28and one-half-year] nine-year period for a building with more than thir- 29 ty-five housing accommodations, for any determination issued by the 30 division of housing and community renewal after the effective date of 31 [the the chapter of the laws of two thousand nineteen that amended this32paragraph and shall be removed from the legal regulated rent thirty33years from the date the increase became effective inclusive of any34increases granted by the applicable rent guidelines board. Temporary35major capital improvement increases shall be collectible prospectively36on the first day of the first month beginning sixty days from the date37of mailing notice of approval to the tenant. Such notice shall disclose38the total monthly increase in rent and the first month in which the39tenant would be required to pay the temporary increase. An approval for40a temporary major capital improvement increase shall not include retro-41active payments. The collection of any increase shall not exceed two42percent in any year from the effective date of the order granting the43increase over the rent set forth in the schedule of gross rents, with44collectability of any dollar excess above said sum to be spread forward45in similar increments and added to the rent as established or set in46future years. Upon vacancy, the landlord may add any remaining balance47of the temporary major capital improvement increase to the legal regu-48lated rent. Notwithstanding any other provision of the law, for any49renewal lease commencing on or after June 14, 2019, the collection of50any rent increases due to any major capital improvements approved on or51after June 16, 2012 and before June 16, 2019 shall not exceed two52percent in any year for any tenant in occupancy on the date the major53capital improvement was approved] the rent act of 2015 or based upon 54 cash purchase price exclusive of interest or service charges. [Where an55application for a temporary major capital improvement increase has been56filed, a tenant shall have sixty days from the date of mailing of aA. 6194 8 1notice of a proceeding in which to answer or reply. The state division2of housing and community renewal shall provide any responding tenant3with the reasons for the division's approval or denial of such applica-4tion.] Notwithstanding anything to the contrary contained herein, no 5 hardship increase granted pursuant to this paragraph shall, when added 6 to the annual gross rents, as determined by the commissioner, exceed the 7 sum of, (i) the annual operating expenses, (ii) an allowance for manage- 8 ment services as determined by the commissioner, (iii) actual annual 9 mortgage debt service (interest and amortization) on its indebtedness to 10 a lending institution, an insurance company, a retirement fund or 11 welfare fund which is operated under the supervision of the banking or 12 insurance laws of the state of New York or the United States, and (iv) 13 eight and one-half percent of that portion of the fair market value of 14 the property which exceeds the unpaid principal amount of the mortgage 15 indebtedness referred to in subparagraph (iii) of this paragraph. Fair 16 market value for the purposes of this paragraph shall be six times the 17 annual gross rent. The collection of any increase in the stabilized rent 18 for any apartment pursuant to this paragraph shall not exceed six 19 percent in any year from the effective date of the order granting the 20 increase over the rent set forth in the schedule of gross rents, with 21 collectability of any dollar excess above said sum to be spread forward 22 in similar increments and added to the stabilized rent as established or 23 set in future years; 24 § 12. Intentionally omitted. 25 § 13. Paragraph 3-a of subdivision d of section 6 of section 4 of 26 chapter 576 of the laws of 1974, constituting the emergency tenant 27 protection act of nineteen seventy-four, is REPEALED. 28 § 14. Intentionally omitted. 29 § 15. Subdivision a of section 26-517.1 of the administrative code of 30 the city of New York, as amended by section 15 of part K of chapter 36 31 of the laws of 2019, is amended to read as follows: 32 a. The department of finance shall collect from the owner of each 33 housing accommodation registered pursuant to section 26-517 of this 34 chapter an annual fee in the amount of [twenty] ten dollars per year for 35 each unit subject to this law, in order to defray costs incurred by the 36 city pursuant to subdivision c of section eight of the emergency tenant 37 protection act of nineteen hundred seventy-four. 38 § 16. Subdivisions c and e of section 8 of section 4 of chapter 576 of 39 the laws of 1974 constituting the emergency tenant protection act of 40 nineteen seventy-four, subdivision c as amended by section 1 and subdi- 41 vision e as amended by section 2 of part I of chapter 56 of the laws of 42 2020, are amended to read as follows: 43 c. Whenever a city having a population of one million or more has 44 determined the existence of an emergency pursuant to section three of 45 this act, the provisions of this act and the New York city rent stabili- 46 zation law of nineteen hundred sixty-nine shall be administered by the 47 state division of housing and community renewal as provided in the New 48 York city rent stabilization law of nineteen hundred sixty-nine, as 49 amended, or as otherwise provided by law. The costs incurred by the 50 state division of housing and community renewal in administering such 51 regulation shall be paid by such city. All payments for such adminis- 52 tration shall be transmitted to the state division of housing and commu- 53 nity renewal as follows: on or after April first of each year commencing 54 with April, nineteen hundred eighty-four, the commissioner of housing 55 and community renewal, in consultation with the director of the budget, 56 shall determine an amount necessary to defray the division's anticipatedA. 6194 9 1 annual cost, and one-quarter of such amount shall be paid by such city 2 on or before July first of such year, one-quarter of such amount on or 3 before October first of such year, one-quarter of such amount on or 4 before January first of the following year and one-quarter of such 5 amount on or before March thirty-first of the following year. After the 6 close of the fiscal year of the state, the commissioner, in consultation 7 with the director of the budget, shall determine the amount of all actu- 8 al costs incurred in such fiscal year and shall certify such amount to 9 such city. If such certified amount shall differ from the amount paid by 10 the city for such fiscal year, appropriate adjustments shall be made in 11 the next quarterly payment to be made by such city. In the event that 12 the amount thereof is not paid to the commissioner, in consultation with 13 the director of the budget, as herein prescribed, the commissioner, in 14 consultation with the director of the budget, shall certify the unpaid 15 amount to the comptroller, and the comptroller shall, to the extent not 16 otherwise prohibited by law, withhold such amount from any state aid 17 payable to such city. In no event shall the amount imposed on the owners 18 exceed [twenty] ten dollars per unit per year. 19 e. The failure to pay the prescribed assessment not to exceed [twenty] 20 ten dollars per unit for any housing accommodation subject to this act 21 or the New York city rent stabilization law of nineteen hundred sixty- 22 nine shall constitute a charge due and owing such city, town or village 23 which has imposed an annual charge for each such housing accommodation 24 pursuant to subdivision b of this section. Any such city, town or 25 village shall be authorized to provide for the enforcement of the 26 collection of such charges by commencing an action or proceeding for the 27 recovery of such fees or by the filing of a lien upon the building and 28 lot. Such methods for the enforcement of the collection of such charges 29 shall be the sole remedy for the enforcement of this section. 30 § 17. Section 17 of part K of chapter 36 of the laws of 2019 enacting 31 the Housing Stability and Tenant Protection act of 2019, is REPEALED. 32 § 18. This act shall take effect immediately; provided, however, that: 33 (a) the amendments to chapter 4 of title 26 of the administrative code 34 of the city of New York made by sections two, eleven and fifteen of this 35 act shall expire on the same date as such chapter expires and shall not 36 affect the expiration of such chapter as provided under section 26-520 37 of such law; 38 (b) provided that the amendments to section 26-405 of the city rent 39 and rehabilitation law made by sections three and ten of this act shall 40 remain in full force and effect only as long as the public emergency 41 requiring the regulation and control of residential rents and evictions 42 continues, as provided in subdivision 3 of section 1 of the local emer- 43 gency housing rent control act; and 44 (c) effective immediately, the addition, amendment and/or repeal of 45 any rule or regulation necessary for the implementation of this act on 46 its effective date are authorized and directed to be made and completed 47 on or before such effective date.
