Bill Text: NY A08281 | 2019-2020 | General Assembly | Introduced
Bill Title: Enacts the "Housing Stability and Tenant Protection act of 2019"; extends and makes certain provisions of law permanent relating to rent control and rent stabilization (Part A); repeals provisions of law relating to rent increases after vacancy of housing accommodations (Part B); relates to vacancy of certain housing accommodations (Part C); relates to vacancies in certain housing accommodations and repeals various provisions of law relating to vacancy decontrol (Part D); relates to regulation of rents (Part E); relates to investigation of rent overcharge complaints (Part F); establishes the "statewide tenant protection act of 2019"; expands rent and eviction protections statewide (Part G); relates to rent adjustments and prohibition of fuel pass-along charges (Part H); relates to recovery of certain housing accommodations (Part I); relates to not-for-profits use of certain residential dwellings (Part J); relates to the temporary increase in rent in certain cases (Part K); enacts the "rent regulation reporting act of 2019" (Part L); enacts the "statewide housing security and tenant protection act of 2019" (Part M); relates to conversions to cooperative or condominium ownership in New York city (Part N); and relates to the duties and responsibilities of manufactured home park owners and residents (Part O).
Spectrum: Partisan Bill (Democrat 67-0)
Status: (Passed) 2019-06-14 - SIGNED CHAP.36 [A08281 Detail]
Download: New_York-2019-A08281-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 6458 A. 8281 2019-2020 Regular Sessions SENATE - ASSEMBLY June 11, 2019 ___________ IN SENATE -- Introduced by Sens. STEWART-COUSINS, KAVANAGH, MYRIE, GIANARIS, SALAZAR, SERRANO, KRUEGER, BAILEY, RAMOS, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules IN ASSEMBLY -- Introduced by M. of A. HEASTIE, CYMBROWITZ, HUNTER, DINOWITZ, O'DONNELL, L. ROSENTHAL, THIELE, BRONSON, RYAN, BARRETT, MOSLEY, PICHARDO, BARRON, JOYNER, RICHARDSON, NIOU, EPSTEIN, ROMEO, GOTTFRIED, LENTOL, WEINSTEIN, NOLAN, COOK, GLICK, AUBRY, PERRY, ARROYO, COLTON, PEOPLES-STOKES, TITUS, BENEDETTO, HEVESI, JAFFEE, DenDEKKER, CRESPO, M. L. MILLER, WEPRIN, QUART, SOLAGES, STECK, BICHOTTE, BLAKE, DILAN, SEAWRIGHT, SIMON, WALKER, CARROLL, DE LA ROSA, D. ROSENTHAL, TAYLOR, CRUZ, FERNANDEZ, FRONTUS, JACOBSON, RAYNOR, REYES, SAYEGH -- read once and referred to the Committee on Housing AN ACT to amend 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 emergency housing rent control law, chapter 329 of the laws of 1963 amending the emergency housing rent control law relating to recontrol of rents in Albany, and the rent regulation reform act of 1997, in relation to making such provisions permanent; to amend 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 conversion of rental residential property to cooperative or condominium ownership in certain municipalities in the counties of Nassau, Westchester and Rockland, in relation to making such provisions permanent (Part A); to repeal certain provisions of the administrative code of the city of New York, the emergency tenant protection act of nineteen seventy- four, the emergency housing rent control law and the local emergency rent control act, relating to rent increases after vacancy of a hous- ing accommodation (Part B); to amend the administrative code of the city of New York and the emergency tenant protection act of nineteen EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11905-07-9S. 6458 2 A. 8281 seventy-four, in relation to vacancy of certain housing accommodations and to amend the emergency tenant protection act of nineteen seventy- four and the administrative code of the city of New York, in relation to prohibiting a county rent guidelines board from establishing rent adjustments for class A dwelling units based on certain considerations (Part C); to amend the emergency tenant protection act of nineteen seventy-four, in relation to vacancies in certain housing accommo- dations; and to repeal paragraphs 12 and 13 of subdivision a of section 5 and section 5-a of section 4 of chapter 576 of the laws of 1974 constituting the emergency tenant protection act of nineteen seventy-four, paragraph (n) of subdivision 2 of section 2 of chapter 274 of the laws of 1946, constituting the emergency housing rent control law, and sections 26-504.1, 26-504.2 and 26-504.3 and subpara- graph (k) of paragraph 2 of subdivision e of section 26-403 of the administrative code of the city of New York, relating to vacancy decontrol (Part D); to amend the emergency tenant protection act of nineteen seventy-four and the administrative code of the city of New York, in relation to the regulation of rents (Part E); to amend the emergency tenant protection act of nineteen seventy-four, the adminis- trative code of the city of New York and the civil practice law and rules, in relation to investigation of rent overcharge complaints (Part F); to establish the "statewide tenant protection act of 2019"; and to amend the emergency tenant protection act of nineteen seventy- four, in relation to expanding rent and eviction protections statewide (Part G); to amend the administrative code of the city of New York and the emergency housing rent control law, in relation to the establish- ment of rent adjustments and prohibition of fuel pass-along charges; and to repeal certain provisions of the administrative code of the city of New York relating thereto (Part H); to amend the administra- tive code of the city of New York, the emergency tenant protection act of nineteen seventy-four and the emergency housing rent control law, in relation to recovery of certain housing accommodations by a land- lord (Part I); to amend the emergency tenant protection act of nine- teen seventy-four, in relation to not-for-profits' use of certain residential dwellings (Part J); to amend the emergency tenant protection act of nineteen seventy-four, the emergency housing rent control law, and the administrative code of the city of New York, in relation to a temporary increase in rent in certain cases (Part K); to amend the public housing law, in relation to enacting the "rent regu- lation reporting act of 2019" (Part L); to amend the real property law, the real property actions and proceedings law, the general obli- gations law and the judiciary law, in relation to enacting the "state- wide housing security and tenant protection act of 2019"; establishes the New York state temporary commission on housing security and tenant protection; and to repeal certain provisions of the real property actions and proceedings law relating thereto (Part M); to amend the general business law, in relation to conversions to cooperative or condominium ownership in the city of New York (Part N); and to amend the real property law, in relation to the duties and responsibilities of manufactured home park owners and residents (Part O) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:S. 6458 3 A. 8281 1 Section 1. This act enacts into law major components of legislation 2 relating to rent regulation and tenant protection. Each component is 3 wholly contained within a Part identified as Parts A through O. The 4 effective date for each particular provision contained within such Part 5 is set forth in the last section of such Part. Any provision in any 6 section contained within a Part, including the effective date of the 7 Part, which makes a reference to a section "of this act", when used in 8 connection with that particular component, shall be deemed to mean and 9 refer to the corresponding section of the Part in which it is found. 10 Section three of this act sets forth the general effective date of this 11 act. 12 PART A 13 Section 1. Short title. This act shall be known and may be cited as 14 the "Housing Stability and Tenant Protection Act of 2019". 15 § 1-a. Section 17 of chapter 576 of the laws of 1974 amending the 16 emergency housing rent control law relating to the control of and 17 stabilization of rent in certain cases, as amended by section 1-a of 18 part A of chapter 20 of the laws of 2015, is amended to read as follows: 19 § 17. Effective date. This act shall take effect immediately and 20 shall remain in full force and effect [until and including the fifteenth21day of June 2019] thereafter; except that sections two and three shall 22 take effect with respect to any city having a population of one million 23 or more and section one shall take effect with respect to any other 24 city, or any town or village whenever the local legislative body of a 25 city, town or village determines the existence of a public emergency 26 pursuant to section three of the emergency tenant protection act of 27 nineteen seventy-four, as enacted by section four of this act, and 28 provided that the housing accommodations subject on the effective date 29 of this act to stabilization pursuant to the New York city rent stabili- 30 zation law of nineteen hundred sixty-nine shall remain subject to such 31 law [upon the expiration of this act] thereafter. 32 § 2. Subdivision 2 of section 1 of chapter 274 of the laws of 1946 33 constituting the emergency housing rent control law, as amended by 34 section 2 of part A of chapter 20 of the laws of 2015, is amended to 35 read as follows: 36 2. The provisions of this act, and all regulations, orders and 37 requirements thereunder shall remain in full force and effect [until and38including June 15, 2019] thereafter. 39 § 3. Section 2 of chapter 329 of the laws of 1963 amending the emer- 40 gency housing rent control law relating to recontrol of rents in Albany, 41 as amended by section 3 of part A of chapter 20 of the laws of 2015, is 42 amended to read as follows: 43 § 2. This act shall take effect immediately and the provisions of 44 subdivision 6 of section 12 of the emergency housing rent control law, 45 as added by this act, shall remain in full force and effect [until and46including June 15, 2019] thereafter. 47 § 4. Section 10 of chapter 555 of the laws of 1982 amending the gener- 48 al business law and the administrative code of the city of New York 49 relating to conversion of residential property to cooperative or condo- 50 minium ownership in the city of New York, as amended by section 4 of 51 part A of chapter 20 of the laws of 2015, is amended to read as follows: 52 § 10. This act shall take effect immediately; provided, that the 53 provisions of sections one, two and nine of this act shall remain in 54 full force and effect [only until and including June 15, 2019] thereaft-S. 6458 4 A. 8281 1 er; provided further that the provisions of section three of this act 2 shall remain in full force and effect only so long as the public emer- 3 gency requiring the regulation and control of residential rents and 4 evictions continues as provided in subdivision 3 of section 1 of the 5 local emergency housing rent control act; provided further that the 6 provisions of sections four, five, six and seven of this act shall 7 expire in accordance with the provisions of section 26-520 of the admin- 8 istrative code of the city of New York as such section of the adminis- 9 trative code is, from time to time, amended; provided further that the 10 provisions of section 26-511 of the administrative code of the city of 11 New York, as amended by this act, which the New York City Department of 12 Housing Preservation and Development must find are contained in the code 13 of the real estate industry stabilization association of such city in 14 order to approve it, shall be deemed contained therein as of the effec- 15 tive date of this act; and provided further that any plan accepted for 16 filing by the department of law on or before the effective date of this 17 act shall continue to be governed by the provisions of section 352-eeee 18 of the general business law as they had existed immediately prior to the 19 effective date of this act. 20 § 5. Section 4 of chapter 402 of the laws of 1983 amending the general 21 business law relating to conversion of rental residential property to 22 cooperative or condominium ownership in certain municipalities in the 23 counties of Nassau, Westchester and Rockland, as amended by section 5 of 24 part A of chapter 20 of the laws of 2015, is amended to read as follows: 25 § 4. This act shall take effect immediately; provided, that the 26 provisions of sections one and three of this act shall remain in full 27 force and effect [only until and including June 15, 2019] thereafter; 28 and provided further that any plan accepted for filing by the department 29 of law on or before the effective date of this act shall continue to be 30 governed by the provisions of section 352-eee of the general business 31 law as they had existed immediately prior to the effective date of this 32 act. 33 § 6. Subdivision 6 of section 46 of chapter 116 of the laws of 1997 34 constituting the rent regulation reform act of 1997 is REPEALED. 35 § 7. This act shall take effect immediately. 36 PART B 37 Section 1. Paragraph 5-a of subdivision c of section 26-511 of the 38 administrative code of the city of New York is REPEALED. 39 § 2. Subdivision (a-1) of section 10 of section 4 of chapter 576 of 40 the laws of 1974, constituting the emergency tenant protection act of 41 nineteen seventy-four is REPEALED. 42 § 3. Subdivision f of section 26-512 of the administrative code of the 43 city of New York is REPEALED. 44 § 4. Subdivision g of section 6 of section 4 of chapter 576 of the 45 laws of 1974, constituting the emergency tenant protection act of nine- 46 teen seventy-four is REPEALED. 47 § 5. Subdivision 9 of section 5 of chapter 274 of the laws of 1946, 48 constituting the emergency housing rent control law is REPEALED. 49 § 6. Section 26-403.2 of the administrative code of the city of New 50 York is REPEALED. 51 § 7. The sixth undesignated paragraph of subdivision 5 of section 1 of 52 chapter 21 of the laws of 1962, constituting the local emergency rent 53 control act, as amended by chapter 82 of the laws of 2003, is REPEALED. 54 § 8. This act shall take effect immediately.S. 6458 5 A. 8281 1 PART C 2 Section 1. Section 26-510 of the administrative code of the city of 3 New York is amended by adding a new subdivision j to read as follows: 4 j. Notwithstanding any other provision of this law, the adjustment for 5 vacancy leases covered by the provisions of this law shall be determined 6 exclusively pursuant to this section. County rent guidelines boards 7 shall no longer promulgate adjustments for vacancy leases unless other- 8 wise authorized by this chapter. 9 § 2. Section 4 of section 4 of chapter 576 of the laws of 1974, 10 constituting the emergency tenant protection act of nineteen seventy- 11 four, is amended by adding a new subdivision e to read as follows: 12 e. Notwithstanding any other provision of this act, the adjustment for 13 vacancy leases covered by the provisions of this act shall be determined 14 exclusively pursuant to section ten of this act. County rent guidelines 15 boards shall no longer promulgate adjustments for vacancy leases. 16 § 3. The opening paragraph of subdivision b of section 4 of section 4 17 of chapter 576 of the laws of 1974, constituting the emergency tenant 18 protection act of nineteen seventy-four, as amended by chapter 403 of 19 the laws of 1983, is amended to read as follows: 20 A county rent guidelines board shall establish [annually] annual 21 guidelines for rent adjustments which, at its sole discretion may be 22 varied and different for and within the several zones and jurisdictions 23 of the board, and in determining whether rents for housing accommo- 24 dations as to which an emergency has been declared pursuant to this act 25 shall be adjusted, shall consider among other things (1) the economic 26 condition of the residential real estate industry in the affected area 27 including such factors as the prevailing and projected (i) real estate 28 taxes and sewer and water rates, (ii) gross operating maintenance costs 29 (including insurance rates, governmental fees, cost of fuel and labor 30 costs), (iii) costs and availability of financing (including effective 31 rates of interest), (iv) over-all supply of housing accommodations and 32 over-all vacancy rates, (2) relevant data from the current and projected 33 cost of living indices for the affected area, (3) such other data as may 34 be made available to it. As soon as practicable after its creation and 35 thereafter not later than July first of each year, a rent guidelines 36 board shall file with the state division of housing and community 37 renewal its findings for the preceding calendar year, and shall accompa- 38 ny such findings with a statement of the maximum rate or rates of rent 39 adjustment, if any, for one or more classes of accommodation subject to 40 this act, authorized for leases or other rental agreements commencing 41 during the next succeeding twelve months. The standards for rent adjust- 42 ments may be applicable for the entire county or may be varied according 43 to such zones or jurisdictions within such county as the board finds 44 necessary to achieve the purposes of this subdivision. A county rent 45 guidelines board shall not establish annual guidelines for rent adjust- 46 ments based on the current rental cost of a unit or on the amount of 47 time that has elapsed since another rent increase was authorized pursu- 48 ant to this chapter. 49 § 4. Subdivision b of section 26-510 of the administrative code of the 50 city of New York is amended to read as follows: 51 b. The rent guidelines board shall establish [annually] annual guide- 52 lines for rent adjustments, and in determining whether rents for housing 53 accommodations subject to the emergency tenant protection act of nine- 54 teen seventy-four or this law shall be adjusted shall consider, among 55 other things (1) the economic condition of the residential real estateS. 6458 6 A. 8281 1 industry in the affected area including such factors as the prevailing 2 and projected (i) real estate taxes and sewer and water rates, (ii) 3 gross operating maintenance costs (including insurance rates, govern- 4 mental fees, cost of fuel and labor costs), (iii) costs and availability 5 of financing (including effective rates of interest), (iv) over-all 6 supply of housing accommodations and over-all vacancy rates, (2) rele- 7 vant data from the current and projected cost of living indices for the 8 affected area, (3) such other data as may be made available to it. Not 9 later than July first of each year, the rent guidelines board shall file 10 with the city clerk its findings for the preceding calendar year, and 11 shall accompany such findings with a statement of the maximum rate or 12 rates of rent adjustment, if any, for one or more classes of accommo- 13 dations subject to this law, authorized for leases or other rental 14 agreements commencing on the next succeeding October first or within the 15 twelve months thereafter. Such findings and statement shall be published 16 in the City Record. The rent guidelines board shall not establish annu- 17 al guidelines for rent adjustments based on the current rental cost of a 18 unit or on the amount of time that has elapsed since another rent 19 increase was authorized pursuant to this title. 20 § 5. This act shall take effect immediately. 21 PART D 22 Section 1. Legislative findings and declaration of emergency. The 23 legislature hereby finds and declares that the serious public emergency 24 which led to the enactment of the existing laws regulating residential 25 rents and evictions continues to exist; that such laws would better 26 serve the public interest if certain changes were made thereto, includ- 27 ing the continued regulation of certain housing accommodations that 28 become vacant. 29 The legislature further recognizes that severe disruption of the 30 rental housing market has occurred and threatens to be exacerbated as a 31 result of the present state of the law in relation to the deregulation 32 of housing accommodations upon vacancy. The situation has permitted 33 speculative and profiteering practices and has brought about the loss of 34 vital and irreplaceable affordable housing for working persons and fami- 35 lies. 36 The legislature therefore declares that in order to prevent uncertain- 37 ty, potential hardship and dislocation of tenants living in housing 38 accommodations subject to government regulations as to rentals and 39 continued occupancy as well as those not subject to such regulation, the 40 provisions of this act are necessary to protect the public health, safe- 41 ty and general welfare. The necessity in the public interest for the 42 provisions hereinafter enacted is hereby declared as a matter of legis- 43 lative determination. 44 § 2. Paragraph (n) of subdivision 2 of section 2 of chapter 274 of the 45 laws of 1946, constituting the emergency housing rent control law, is 46 REPEALED. 47 § 3. Paragraph 13 of subdivision a of section 5 of section 4 of chap- 48 ter 576 of the laws of 1974, constituting the emergency tenant 49 protection act of nineteen seventy-four, is REPEALED. 50 § 4. Subparagraph (k) of paragraph 2 of subdivision e of section 51 26-403 of the administrative code of the city of New York is REPEALED. 52 § 5. Sections 26-504.1, 26-504.2 and 26-504.3 of the administrative 53 code of the city of New York are REPEALED.S. 6458 7 A. 8281 1 § 6. Paragraph 12 of subdivision a of section 5 of chapter 576 of the 2 laws of 1974, constituting the emergency tenant protection act of nine- 3 teen seventy-four, is REPEALED. 4 § 7. Section 5-a of chapter 576 of the laws of 1974, constituting the 5 emergency tenant protection act of nineteen seventy-four, is REPEALED. 6 § 8. This act shall take effect immediately. 7 PART E 8 Section 1. Subdivision (a-2) of section 10 of section 4 of chapter 576 9 of the laws of 1974, constituting the emergency tenant protection act of 10 nineteen seventy-four, as amended by section 11 of part A of chapter 20 11 of the laws of 2015, is amended to read as follows: 12 (a-2) [Provides that where] Where the amount of rent charged to and 13 paid by the tenant is less than the legal regulated rent for the housing 14 accommodation, the amount of rent for such housing accommodation which 15 may be charged [upon renewal or] upon vacancy thereof, may, at the 16 option of the owner, be based upon such previously established legal 17 regulated rent, as adjusted by the most recent applicable guidelines 18 increases and other increases authorized by law. [Such housing accommo-19dation shall be excluded from the provisions of this act pursuant to20paragraph thirteen of subdivision a of section five of this act when21subsequent to vacancy: (i) such legal regulated rent is two thousand22five hundred dollars per month, or more, for any housing accommodation23that is, or becomes, vacant after the effective date of the rent act of242011 but prior to the effective date of the rent act of 2015 or (ii)25such legal regulated rent is two thousand seven hundred dollars per26month or more for any housing accommodation that is or becomes vacant on27or after the rent act of 2015; starting on January 1, 2016, and annually28thereafter, the maximum legal regulated rent for this deregulation29threshold, shall also be increased by the same percent as the most30recent one year renewal adjustment, adopted by the applicable rent31guidelines board pursuant to the rent stabilization law.] Any tenant who 32 is subject to a lease on or after the effective date of a chapter of the 33 laws of two thousand nineteen which amended this subdivision, or is or 34 was entitled to receive a renewal or vacancy lease on or after such 35 date, upon renewal of such lease, the amount of rent for such housing 36 accommodation that may be charged and paid shall be no more than the 37 rent charged to and paid by the tenant prior to that renewal, as 38 adjusted by the most recent applicable guidelines increases and any 39 other increases authorized by law. Provided, however, that for build- 40 ings that are subject to this statute by virtue of a regulatory agree- 41 ment with a local government agency and which buildings receive federal 42 project based rental assistance administered by the United States 43 department of housing and urban development or a state or local section 44 eight administering agency, where the rent set by the federal, state or 45 local governmental agency is less than the legal regulated rent for the 46 housing accommodation, the amount of rent for such housing accommodation 47 which may be charged upon renewal or upon vacancy thereof, may be based 48 upon such previously established legal regulated rent, as adjusted by 49 the most recent applicable guidelines increases or other increases 50 authorized by law; and further provided that such vacancy shall not be 51 caused by the failure of the owner or an agent of the owner, to maintain 52 the housing accommodation in compliance with the warranty of habitabili- 53 ty set forth in subdivision one of section two hundred thirty-five-b of 54 the real property law.S. 6458 8 A. 8281 1 § 2. Paragraph 14 of subdivision c of section 26-511 of the adminis- 2 trative code of the city of New York, as amended by section 12 of part A 3 of chapter 20 of the laws of 2015, is amended to read as follows: 4 (14) [provides that] where the amount of rent charged to and paid by 5 the tenant is less than the legal regulated rent for the housing accom- 6 modation, the amount of rent for such housing accommodation which may be 7 charged [upon renewal or] upon vacancy thereof, may, at the option of 8 the owner, be based upon such previously established legal regulated 9 rent, as adjusted by the most recent applicable guidelines increases and 10 any other increases authorized by law. [Such housing accommodation11shall be excluded from the provisions of this code pursuant to section1226-504.2 of this chapter when, subsequent to vacancy: (i) such legal13regulated rent prior to vacancy is two thousand five hundred dollars per14month, or more, for any housing accommodation that is or becomes vacant15after the effective date of the rent act of 2011 but prior to the effec-16tive date of the rent act of 2015 or (ii) such legal regulated rent is17two thousand seven hundred dollars per month or more, provided, however18that on January 1, 2016, and annually thereafter, the maximum legal19regulated rent for this deregulation threshold shall be adjusted by the20same percentage as the most recent one year renewal adjustment as21adjusted by the relevant rent guidelines board, for any housing accommo-22dation that is or becomes vacant on or after the rent act of 2015.] Any 23 tenant who is subject to a lease on or after the effective date of a 24 chapter of the laws of two thousand nineteen which amended this para- 25 graph, or is or was entitled to receive a renewal or vacancy lease on or 26 after such date, upon renewal of such lease, the amount of rent for such 27 housing accommodation that may be charged and paid shall be no more than 28 the rent charged to and paid by the tenant prior to that renewal, as 29 adjusted by the most recent applicable guidelines increases and any 30 other increases authorized by law. Provided, however, that for build- 31 ings that are subject to this statute by virtue of a regulatory agree- 32 ment with a local government agency and which buildings receive federal 33 project based rental assistance administered by the United States 34 department of housing and urban development or a state or local section 35 eight administering agency, where the rent set by the federal, state or 36 local governmental agency is less than the legal regulated rent for the 37 housing accommodation, the amount of rent for such housing accommodation 38 which may be charged upon renewal or upon vacancy thereof, may be based 39 upon such previously established legal regulated rent, as adjusted by 40 the most recent applicable guidelines increases and other increases 41 authorized by law; and further provided that such vacancy shall not be 42 caused by the failure of the owner or an agent of the owner, to maintain 43 the housing accommodation in compliance with the warranty of habitabili- 44 ty set forth in subdivision one of section two hundred thirty-five-b of 45 the real property law. 46 § 3. This act shall take effect immediately; provided, further, that 47 the amendments to section 26-511 of chapter 4 of title 26 of the admin- 48 istrative code of the city of New York made by section two of this act 49 shall expire on the same date as such law expires and shall not affect 50 the expiration of such law as provided under section 26-520 of such law. 51 PART F 52 Section 1. Paragraph 1 of subdivision a of section 12 of section 4 of 53 chapter 576 of the laws of 1974, constituting the emergency tenant 54 protection act of nineteen seventy-four, as amended by chapter 403 ofS. 6458 9 A. 8281 1 the laws of 1983, the opening paragraph and clause (i) of subparagraph 2 (b) as amended by chapter 116 of the laws of 1997, is amended to read as 3 follows: 4 (1) Subject to the conditions and limitations of this paragraph, any 5 owner of housing accommodations in a city having a population of less 6 than one million or a town or village as to which an emergency has been 7 declared pursuant to section three, who, upon complaint of a tenant or 8 of the state division of housing and community renewal, is found by the 9 state division of housing and community renewal, after a reasonable 10 opportunity to be heard, to have collected an overcharge above the rent 11 authorized for a housing accommodation subject to this act shall be 12 liable to the tenant for a penalty equal to three times the amount of 13 such overcharge. [In no event shall such treble damage penalty be14assessed against an owner based solely on said owner's failure to file a15proper or timely initial or annual rent registration statement.] If the 16 owner establishes by a preponderance of the evidence that the overcharge 17 was neither willful nor attributable to his negligence, the state divi- 18 sion of housing and community renewal shall establish the penalty as the 19 amount of the overcharge plus interest at the rate of interest payable 20 on a judgment pursuant to section five thousand four of the civil prac- 21 tice law and rules. After a complaint of rent overcharge has been filed 22 and served on an owner, the voluntary adjustment of the rent and/or the 23 voluntary tender of a refund of rent overcharges shall not be considered 24 by the division of housing and community renewal or a court of competent 25 jurisdiction as evidence that the overcharge was not willful. (i) Except 26 as to complaints filed pursuant to clause (ii) of this paragraph, the 27 legal regulated rent for purposes of determining an overcharge, shall be 28 deemed to be the rent indicated in the most recent reliable annual 29 registration statement for a rent stabilized tenant filed [four] and 30 served upon the tenant six or more years prior to the most recent regis- 31 tration statement, (or, if more recently filed, the initial registration 32 statement) plus in each case any subsequent lawful increases and adjust- 33 ments. [Where the amount of rent set forth in the annual rent registra-34tion statement filed four years prior to the most recent registration35statement is not challenged within four years of its filing, neither36such rent nor service of any registration shall be subject to challenge37at any time thereafter.] The division of housing and community renewal 38 or a court of competent jurisdiction, in investigating complaints of 39 overcharge and in determining legal regulated rent, shall consider all 40 available rent history which is reasonably necessary to make such deter- 41 minations. (ii) As to complaints filed within ninety days of the initial 42 registration of a housing accommodation, the legal regulated rent for 43 purposes of determining an overcharge shall be deemed to be the rent 44 charged on the date [four] six years prior to the date of the initial 45 registration of the housing accommodation (or, if the housing accommo- 46 dation was subject to this act for less than [four] six years, the 47 initial legal regulated rent) plus in each case, any lawful increases 48 and adjustments. Where the rent charged on the date [four] six years 49 prior to the date of the initial registration of the accommodation 50 cannot be established, such rent shall be established by the division. 51 [Where the amount of rent set forth in the annual rent registration52statement filed four years prior to the most recent registration state-53ment is not challenged within four years of its filing, neither such54rent nor service of any registration shall be subject to challenge at55any time thereafter.]S. 6458 10 A. 8281 1 (a) The order of the state division of housing and community renewal 2 shall apportion the owner's liability between or among two or more 3 tenants found to have been overcharged by such owner during their 4 particular tenancy of a unit. 5 (b) (i) Except as provided under clauses (ii) and (iii) of this 6 subparagraph, a complaint under this subdivision [shall] may be filed 7 with the state division of housing and community renewal [within four8years of the first overcharge alleged and no determination of an over-9charge and no award or calculation of an award of the amount of an over-10charge may be based upon an overcharge having occurred more than four11years before the complaint is filed. This paragraph shall preclude exam-12ination of the rental history of the housing accommodation prior to the13four-year period preceding the filing of a complaint pursuant to this14subdivision] or in a court of competent jurisdiction at any time, howev- 15 er any recovery of overcharge penalties shall be limited to the six 16 years preceding the complaint. 17 (ii) [No] A penalty of three times the overcharge [may be based upon18an overcharge having occurred more than two years before the complaint19is filed or upon an overcharge which occurred prior to April first,20nineteen hundred eighty-four] shall be assessed upon all overcharges 21 willfully collected by the owner starting six years before the complaint 22 is filed. 23 (iii) Any complaint based upon overcharges occurring prior to the date 24 of filing of the initial rent registration as provided in subdivision b 25 of section twelve-a of this act shall be filed within ninety days of the 26 mailing of notice to the tenant of such registration. 27 (c) Any affected tenant shall be notified of and given an opportunity 28 to join in any complaint filed by an officer or employee of the state 29 division of housing and community renewal. 30 (d) An owner found to have overcharged shall, in all cases, be 31 assessed the reasonable costs and attorney's fees of the proceeding, and 32 interest from the date of the overcharge at the rate of interest payable 33 on a judgment pursuant to section five thousand four of the civil prac- 34 tice law and rules. 35 (e) The order of the state division of housing and community renewal 36 awarding penalties may, upon the expiration of the period in which the 37 owner may institute a proceeding pursuant to article seventy-eight of 38 the civil practice law and rules, be filed and enforced by a tenant in 39 the same manner as a judgment or, in the alternative, not in excess of 40 twenty percent thereof per month may be offset against any rent there- 41 after due the owner. 42 (f) Unless a tenant shall have filed a complaint of overcharge with 43 the division which complaint has not been withdrawn, nothing contained 44 in this section shall be deemed to prevent a tenant or tenants, claiming 45 to have been overcharged, from commencing an action or interposing a 46 counterclaim in a court of competent jurisdiction for damages equal to 47 the overcharge and the penalty provided for in this section, including 48 interest from the date of the overcharge at the rate of interest payable 49 on a judgment pursuant to section five thousand four of the civil prac- 50 tice law and rules, plus the statutory costs and allowable disbursements 51 in connection with the proceeding. [Such action must be commenced or52counterclaim interposed within four years of the date of the alleged53overcharge but no recovery of three times the amount of the overcharge54may be awarded with respect to any overcharge which had occurred more55than two years before the action is commenced or counterclaim is inter-S. 6458 11 A. 8281 1posed.] The courts and the division shall have concurrent jurisdiction, 2 subject to the tenant's choice of forum. 3 § 2. Paragraph 8 of subdivision a of section 12 of section 4 of chap- 4 ter 576 of the laws of 1974, constituting the emergency tenant 5 protection act of nineteen seventy-four, as amended by chapter 403 of 6 the laws of 1983, is amended and a new paragraph 9 is added to read as 7 follows: 8 (8) [Any] Except where a specific provision of this law requires the 9 maintenance of rent records for a longer period, including records of 10 the useful life of improvements made to any housing accommodation or any 11 building, any owner who has duly registered a housing accommodation 12 pursuant to section twelve-a of this act shall not be required to main- 13 tain or produce any records relating to rentals of such accommodation 14 more than [four] six years prior to the most recent registration or 15 annual statement for such accommodation. However, an owner's election 16 not to maintain records shall not limit the authority of the division of 17 housing and community renewal and the courts to examine the rental 18 history and determine legal regulated rents pursuant to this subdivi- 19 sion. 20 (9) The division of housing and community renewal and the courts, in 21 investigating complaints of overcharge and in determining legal regu- 22 lated rents, shall consider all available rent history which is reason- 23 ably necessary to make such determinations, including but not limited to 24 (a) any rent registration or other records filed with the state division 25 of housing and community renewal, or any other state, municipal or 26 federal agency, regardless of the date to which the information on such 27 registration refers; (b) any order issued by any state, municipal or 28 federal agency; (c) any records maintained by the owner or tenants; and 29 (d) any public record kept in the regular course of business by any 30 state, municipal or federal agency. Nothing contained in this paragraph 31 shall limit the examination of rent history relevant to a determination 32 as to: 33 (i) whether the legality of a rental amount charged or registered is 34 reliable in light of all available evidence including, but not limited 35 to, whether an unexplained increase in the registered or lease rents, or 36 a fraudulent scheme to destabilize the housing accommodation, rendered 37 such rent or registration unreliable; 38 (ii) whether an accommodation is subject to the emergency tenant 39 protection act; 40 (iii) whether an order issued by the division of housing and community 41 renewal or a court of competent jurisdiction, including, but not limited 42 to an order issued pursuant to section 26-514 of the administrative code 43 of the city of New York, or any regulatory agreement or other contract 44 with any governmental agency, and remaining in effect within six years 45 of the filing of a complaint pursuant to this section, affects or limits 46 the amount of rent that may be charged or collected; 47 (iv) whether an overcharge was or was not willful; 48 (v) whether a rent adjustment that requires information regarding the 49 length of occupancy by a present or prior tenant was lawful; 50 (vi) the existence or terms and conditions of a preferential rent, or 51 the propriety of a legal registered rent during a period when the 52 tenants were charged a preferential rent; 53 (vii) the legality of a rent charged or registered immediately prior 54 to the registration of a preferential rent; orS. 6458 12 A. 8281 1 (viii) the amount of the legal regulated rent where the apartment was 2 vacant or temporarily exempt on the date six years prior to a tenant's 3 complaint. 4 § 3. Subdivision b of section 12 of section 4 of chapter 576 of the 5 laws of 1974, constituting the emergency tenant protection act of nine- 6 teen seventy-four, as amended by chapter 403 of the laws of 1983, is 7 amended to read as follows: 8 b. Within a city having a population of one million or more, the state 9 division of housing and community renewal shall have such powers to 10 enforce this act as shall be provided in the New York city rent stabili- 11 zation law of nineteen hundred sixty-nine, as amended, or as shall 12 otherwise be provided by law. Unless a tenant shall have filed a 13 complaint of overcharge with the division which complaint has not been 14 withdrawn, nothing contained in this section shall be deemed to prevent 15 a tenant or tenants, claiming to have been overcharged, from commencing 16 an action or interposing a counterclaim in a court of competent juris- 17 diction for damages equal to the overcharge and the penalty provided for 18 in this section, including interest from the date of the overcharge at 19 the rate of interest payable on a judgment pursuant to section five 20 thousand four of the civil practice law and rules, plus the statutory 21 costs and allowable disbursements in connection with the proceeding. The 22 courts and the division shall have concurrent jurisdiction, subject to 23 the tenant's choice of forum. 24 § 4. Subdivision a of section 26-516 of the administrative code of the 25 city of New York, as amended by chapter 116 of the laws of 1997, is 26 amended to read as follows: 27 a. Subject to the conditions and limitations of this subdivision, any 28 owner of housing accommodations who, upon complaint of a tenant, or of 29 the state division of housing and community renewal, is found by the 30 state division of housing and community renewal, after a reasonable 31 opportunity to be heard, to have collected an overcharge above the rent 32 authorized for a housing accommodation subject to this chapter shall be 33 liable to the tenant for a penalty equal to three times the amount of 34 such overcharge. [In no event shall such treble damage penalty be35assessed against an owner based solely on said owner's failure to file a36timely or proper initial or annual rent registration statement.] If the 37 owner establishes by a preponderance of the evidence that the overcharge 38 was not willful, the state division of housing and community renewal 39 shall establish the penalty as the amount of the overcharge plus inter- 40 est. After a complaint of rent overcharge has been filed and served on 41 an owner, the voluntary adjustment of the rent and/or the voluntary 42 tender of a refund of rent overcharges shall not be considered by the 43 division of housing and community renewal or a court of competent juris- 44 diction as evidence that the overcharge was not willful. (i) Except as 45 to complaints filed pursuant to clause (ii) of this paragraph, the legal 46 regulated rent for purposes of determining an overcharge, shall be the 47 rent indicated in the most recent reliable annual registration statement 48 filed [four] and served upon the tenant six or more years prior to the 49 most recent registration statement, (or, if more recently filed, the 50 initial registration statement) plus in each case any subsequent lawful 51 increases and adjustments. [Where the amount of rent set forth in the52annual rent registration statement filed four years prior to the most53recent registration statement is not challenged within four years of its54filing, neither such rent nor service of any registration shall be55subject to challenge at any time thereafter.] The division of housing 56 and community renewal or a court of competent jurisdiction, in investi-S. 6458 13 A. 8281 1 gating complaints of overcharge and in determining legal regulated rent, 2 shall consider all available rent history which is reasonably necessary 3 to make such determinations. (ii) As to complaints filed within ninety 4 days of the initial registration of a housing accommodation, the legal 5 regulated rent shall be deemed to be the rent charged on the date [four] 6 six years prior to the date of the initial registration of the housing 7 accommodation (or, if the housing accommodation was subject to this 8 chapter for less than [four] six years, the initial legal regulated 9 rent) plus in each case, any lawful increases and adjustments. Where the 10 rent charged on the date [four] six years prior to the date of the 11 initial registration of the accommodation cannot be established, such 12 rent shall be established by the division. 13 Where the prior rent charged [on the date four years prior to the date14of initial registration of] for the housing accommodation cannot be 15 established, such rent shall be established by the division provided 16 that where a rent is established based on rentals determined under the 17 provisions of the local emergency housing rent control act such rent 18 must be adjusted to account for no less than the minimum increases which 19 would be permitted if the housing accommodation were covered under the 20 provisions of this chapter, less any appropriate penalties. [Where the21amount of rent set forth in the annual rent registration statement filed22four years prior to the most recent registration statement is not chal-23lenged within four years of its filing, neither such rent nor service of24any registration shall be subject to challenge at any time thereafter.] 25 (1) The order of the state division of housing and community renewal 26 or court of competent jurisdiction shall apportion the owner's liability 27 between or among two or more tenants found to have been overcharged by 28 such owner during their particular tenancy of a unit. 29 (2) [Except as provided under clauses (i) and (ii) of this paragraph,30a] A complaint under this subdivision [shall] may be filed with the 31 state division of housing and community renewal [within four years of32the first overcharge alleged and no determination of an overcharge and33no award or calculation of an award of the amount of an overcharge may34be based upon an overcharge having occurred more than four years before35the complaint is filed] or in a court of competent jurisdiction at any 36 time, however any recovery of overcharge penalties shall be limited to 37 the six years preceding the complaint. [(i) No] A penalty of three 38 times the overcharge [may be based upon an overcharge having occurred39more than two years] shall be assessed upon all overcharges willfully 40 collected by the owner starting six years before the complaint is filed 41 [or upon an overcharge which occurred prior to April first, nineteen42hundred eighty-four. (ii) Any complaint based upon overcharges occurring43prior to the date of filing of the initial rent registration as provided44in section 26-517 of this chapter shall be filed within ninety days of45the mailing of notice to the tenant of such registration. This paragraph46shall preclude examination of the rental history of the housing accommo-47dation prior to the four-year period preceding the filing of a complaint48pursuant to this subdivision]. 49 (3) Any affected tenant shall be notified of and given an opportunity 50 to join in any complaint filed by an officer or employee of the state 51 division of housing and community renewal. 52 (4) An owner found to have overcharged [may] shall be assessed the 53 reasonable costs and attorney's fees of the proceeding and interest from 54 the date of the overcharge at the rate of interest payable on a judgment 55 pursuant to section five thousand four of the civil practice law and 56 rules.S. 6458 14 A. 8281 1 (5) The order of the state division of housing and community renewal 2 awarding penalties may, upon the expiration of the period in which the 3 owner may institute a proceeding pursuant to article seventy-eight of 4 the civil practice law and rules, be filed and enforced by a tenant in 5 the same manner as a judgment or not in excess of twenty percent thereof 6 per month may be offset against any rent thereafter due the owner. 7 § 5. Subdivision g of section 26-516 of the administrative code of the 8 city of New York is amended, subdivision h is relettered subdivision i 9 and a new subdivision h is added to read as follows: 10 g. [Any] Except where a specific provision of this law requires the 11 maintenance of rent records for a longer period, including records of 12 the useful life of improvements made to any housing accommodation or any 13 building, any owner who has duly registered a housing accommodation 14 pursuant to section 26-517 of this chapter shall not be required to 15 maintain or produce any records relating to rentals of such accommo- 16 dation for more than [four] six years prior to the most recent registra- 17 tion or annual statement for such accommodation. However, an owner's 18 election not to maintain records shall not limit the authority of the 19 division of housing and community renewal and the courts to examine the 20 rental history and determine legal regulated rents pursuant to this 21 section. 22 h. The division of housing and community renewal, and the courts, in 23 investigating complaints of overcharge and in determining legal regu- 24 lated rents, shall consider all available rent history which is reason- 25 ably necessary to make such determinations, including but not limited to 26 (i) any rent registration or other records filed with the state division 27 of housing and community renewal, or any other state, municipal or 28 federal agency, regardless of the date to which the information on such 29 registration refers; (ii) any order issued by any state, municipal or 30 federal agency; (iii) any records maintained by the owner or tenants; 31 and (iv) any public record kept in the regular course of business by any 32 state, municipal or federal agency. Nothing contained in this subdivi- 33 sion shall limit the examination of rent history relevant to a determi- 34 nation as to: 35 (i) whether the legality of a rental amount charged or registered is 36 reliable in light of all available evidence including but not limited to 37 whether an unexplained increase in the registered or lease rents, or a 38 fraudulent scheme to destabilize the housing accommodation, rendered 39 such rent or registration unreliable; 40 (ii) whether an accommodation is subject to the emergency tenant 41 protection act or the rent stabilization law; 42 (iii) whether an order issued by the division of housing and community 43 renewal or by a court, including, but not limited to an order issued 44 pursuant to section 26-514 of this chapter, or any regulatory agreement 45 or other contract with any governmental agency, and remaining in effect 46 within six years of the filing of a complaint pursuant to this section, 47 affects or limits the amount of rent that may be charged or collected; 48 (iv) whether an overcharge was or was not willful; 49 (v) whether a rent adjustment that requires information regarding the 50 length of occupancy by a present or prior tenant was lawful; 51 (vi) the existence or terms and conditions of a preferential rent, or 52 the propriety of a legal registered rent during a period when the 53 tenants were charged a preferential rent; 54 (vii) the legality of a rent charged or registered immediately prior 55 to the registration of a preferential rent; orS. 6458 15 A. 8281 1 (viii) the amount of the legal regulated rent where the apartment was 2 vacant or temporarily exempt on the date six years prior to a tenant's 3 complaint. 4 § 6. Section 213-a of the civil practice law and rules, as amended by 5 chapter 116 of the laws of 1997, is amended to read as follows: 6 § 213-a. [Actions to be commenced within four years; residential] 7 Residential rent overcharge. [An action on a residential rent overcharge8shall be commenced within four years of the first overcharge alleged and9no determination of an overcharge and no award or calculation of an10award of the amount of any overcharge may be based upon an overcharge11having occurred more than four years before the action is commenced.12This section shall preclude examination of the rental history of the13housing accommodation prior to the four-year period immediately preced-14ing the commencement of the action.] No overcharge penalties or damages 15 may be awarded for a period more than six years before the action is 16 commenced or complaint is filed, however, an overcharge claim may be 17 filed at any time, and the calculation and determination of the legal 18 rent and the amount of the overcharge shall be made in accordance with 19 the provisions of law governing the determination and calculation of 20 overcharges. 21 § 7. This act shall take effect immediately and shall apply to any 22 claims pending or filed on and after such date; provided that the amend- 23 ments to section 26-516 of chapter 4 of title 26 of the administrative 24 code of the city of New York made by sections four and five of this act 25 shall expire on the same date as such law expires and shall not affect 26 the expiration of such law as provided under section 26-520 of such law. 27 PART G 28 Section 1. Short title. This act shall be known and may be cited as 29 the "statewide tenant protection act of 2019." 30 § 2. Section 2 of section 4 of chapter 576 of the laws of 1974, 31 constituting the emergency tenant protection act of nineteen seventy- 32 four, is amended to read as follows: 33 § 2. Legislative finding. The legislature hereby finds and declares 34 that a serious public emergency continues to exist in the housing of a 35 considerable number of persons in the state of New York [which emergency36was at its inception created by war, the effects of war and the after-37math of hostilities], that such emergency [necessitated] necessitates 38 the intervention of federal, state and local government in order to 39 prevent speculative, unwarranted and abnormal increases in rents; that 40 there continues to exist in many areas of the state an acute shortage of 41 housing accommodations caused by continued high demand, attributable in 42 part to new household formations and decreased supply, in large measure 43 attributable to reduced availability of federal subsidies, and increased 44 costs of construction and other inflationary factors; that a substantial 45 number of persons residing in housing not presently subject to the 46 provisions of this act or the emergency housing rent control law or the 47 local emergency housing rent control act are being charged excessive and 48 unwarranted rents and rent increases; that preventive action by the 49 legislature continues to be imperative in order to prevent exaction of 50 unjust, unreasonable and oppressive rents and rental agreements and to 51 forestall profiteering, speculation and other disruptive practices tend- 52 ing to produce threats to the public health, safety and general welfare; 53 that in order to prevent uncertainty, hardship and dislocation, the 54 provisions of this act are necessary and designed to protect the publicS. 6458 16 A. 8281 1 health, safety and general welfare; that the transition from regulation 2 to a normal market of free bargaining between landlord and tenant, while 3 the ultimate objective of state policy, must take place with due regard 4 for such emergency; and that the policy herein expressed shall be 5 subject to determination of the existence of a public emergency requir- 6 ing the regulation of residential rents within any city, town or village 7 by the local legislative body of such city, town or village. 8 § 3. Section 14 of section 4 of chapter 576 of the laws of 1974, 9 constituting the emergency tenant protection act of nineteen seventy- 10 four, is amended to read as follows: 11 § 14. Application of act. The provisions of this act shall [only] be 12 applicable: 13 a. in the city of New York; and 14 b. in [the counties of Nassau, Westchester and Rockland] all counties 15 within the state of New York outside the city of New York and shall 16 become and remain effective only in a city, town or village located 17 therein as provided in section three of this act. 18 § 4. Subdivision a of section 5 of section 4 of chapter 576 of the 19 laws of 1974 constituting the emergency tenant protection act of nine- 20 teen seventy-four is amended by adding a new paragraph 5-a to read as 21 follows: 22 (5-a) housing accommodations located outside of a city with a popu- 23 lation of one million or more in any such buildings that were vacant and 24 unoccupied on June first, two thousand nineteen and had been vacant and 25 unoccupied for at least the one-year period immediately preceding such 26 date; 27 § 5. Subdivision a of section 4 of section 4 of chapter 576 of the 28 laws of 1974 constituting the emergency tenant protection act of nine- 29 teen hundred seventy-four, as amended by chapter 349 of the laws of 30 1979, is amended and a new subdivision a-1 is added to read as follows: 31 a. In each county wherein any city having a population of less than 32 one million or any town or village has determined the existence of an 33 emergency pursuant to section three of this act, there shall be created 34 a rent guidelines board to consist of nine members appointed by the 35 commissioner of housing and community renewal upon recommendation of the 36 county legislature [which], except that a rent guidelines board created 37 subsequent to the effective date of the chapter of the laws of two thou- 38 sand nineteen that amended this section shall consist of nine members 39 appointed by the commissioner of housing and community renewal upon 40 recommendations of the local legislative body of each city having a 41 population of less than one million or town or village which has deter- 42 mined the existence of an emergency pursuant to section three of this 43 act. Such recommendation shall be made within thirty days after the 44 first local declaration of an emergency in such county; two such members 45 shall be representative of tenants, two shall be representative of 46 owners of property, and five shall be public members each of whom shall 47 have had at least five years experience in either finance, economics or 48 housing. One public member shall be designated by the commissioner to 49 serve as chairman and shall hold no other public office. No member, 50 officer or employee of any municipal rent regulation agency or the state 51 division of housing and community renewal and no person who owns or 52 manages real estate covered by this law or who is an officer of any 53 owner or tenant organization shall serve on a rent guidelines board. One 54 public member, one member representative of tenants and one member 55 representative of owners shall serve for a term ending two years from 56 January first next succeeding the date of their appointment; one publicS. 6458 17 A. 8281 1 member, one member representative of tenants and one member represen- 2 tative of owners shall serve for terms ending three years from the Janu- 3 ary first next succeeding the date of their appointment and three public 4 members shall serve for terms ending four years from January first next 5 succeeding the dates of their appointment. Thereafter, all members 6 shall serve for terms of four years each. Members shall continue in 7 office until their successors have been appointed and qualified. The 8 commissioner shall fill any vacancy which may occur by reason of death, 9 resignation or otherwise in a manner consistent with the original 10 appointment. A member may be removed by the commissioner for cause, but 11 not without an opportunity to be heard in person or by counsel, in his 12 defense, upon not less than ten days notice. Compensation for the 13 members of the board shall be at the rate of one hundred dollars per 14 day, for no more than twenty days a year, except that the chairman shall 15 be compensated at the rate of one hundred twenty-five dollars a day for 16 no more than thirty days a year. The board shall be provided staff 17 assistance by the division of housing and community renewal. The compen- 18 sation of such members and the costs of staff assistance shall be paid 19 by the division of housing and community renewal which shall be reim- 20 bursed in the manner prescribed in section four of this act. The local 21 legislative body of each city having a population of less than one 22 million and each town and village in which an emergency has been deter- 23 mined to exist as herein provided shall be authorized to designate one 24 person who shall be representative of tenants and one person who shall 25 be representative of owners of property to serve at its pleasure and 26 without compensation to advise and assist the county rent guidelines 27 board in matters affecting the adjustment of rents for housing accommo- 28 dations in such city, town or village as the case may be. 29 a-1. Notwithstanding the provisions of subdivision a of this section 30 to the contrary, in each county that became subject to this act pursuant 31 to the chapter of the laws of two thousand nineteen that amended this 32 section, the commissioner shall reconstitute the existing rent guide- 33 lines board subsequent to any initial local declaration of emergency 34 within such county for the purpose of ensuring representation of all 35 cities having a population of less than one million and all towns and 36 villages within such county having determined the existence of an emer- 37 gency in accordance with this act are represented, pursuant to rules and 38 regulations promulgated by the division of housing and community 39 renewal. 40 § 6. Severability clause. If any provision of this act or the applica- 41 tion there shall, for any reason be adjudged by any court of competent 42 jurisdiction to be invalid or unconstitutional, such judgement shall not 43 affect, impair or invalidate the remainder of this act, but shall be 44 confined in its operation to the provision thereof directly involved in 45 the controversy in which the judgement shall have been rendered; 46 provided, however, that in the event that the entire system of rent 47 control or stabilization shall be finally adjudged invalid or unconsti- 48 tutional by a court of competent jurisdiction because of the operation 49 of any provision of this act, such provision shall be null, void and 50 without effect, and all other provisions of this act which can be given 51 effect without such invalid provision, as well as provisions of any 52 other law, relating to the control of or stabilization of rent, as in 53 effect prior to the enactment of this act as otherwise amended by this 54 act, shall continue in full force and effect for the period of effec- 55 tiveness set forth in section 17 of chapter 576 of the laws of 1974,S. 6458 18 A. 8281 1 constituting the emergency tenant protection act of nineteen seventy- 2 four, as amended. 3 § 7. This act shall take effect immediately. 4 PART H 5 Section 1. Paragraph 5 of subdivision a of section 26-405 of the 6 administrative code of the city of New York is amended to read as 7 follows: 8 (5) Where a maximum rent established pursuant to this chapter on or 9 after January first, nineteen hundred seventy-two, is higher than the 10 previously existing maximum rent, the landlord may not collect an 11 increase from a tenant in occupancy in any one year period of more than 12 the lesser of either seven and one-half percentum [increase from a13tenant in occupancy on such date in any one year period, provided howev-14er, that where] or an average of the previous five years of one-year 15 rent adjustments on rent stabilized apartments as established by the 16 rent guidelines board, pursuant to subdivision b of section 26-510 of 17 this title. If the period for which the rent is established exceeds one 18 year, regardless of how the collection thereof is averaged over such 19 period, the rent the landlord shall be entitled to receive during the 20 first twelve months shall not be increased by more than the lesser of 21 either seven and one-half percentum or an average of the previous five 22 years of one-year rent adjustments on rent stabilized apartments as 23 established by the rent guidelines board, pursuant to subdivision b of 24 section 26-510 of this title, over the previous rent [and]. Any addi- 25 tional annual rents shall not exceed the lesser of either seven and 26 one-half percentum or an average of the previous five years of one-year 27 rent adjustments on rent stabilized apartments as established by the 28 rent guidelines board, pursuant to subdivision b of section 26-510 of 29 this title, of the rent paid during the previous year. Notwithstanding 30 any of the foregoing limitations in this paragraph five, maximum rent 31 shall be increased if ordered by the agency pursuant to subparagraphs 32 (d), (e), (f), (g), (h), (i), (k), [(l),] or (m) [or (n)] of paragraph 33 one of subdivision g of this section. [Commencing January first, nine-34teen hundred eighty, rent adjustments pursuant to subparagraph (n) of35paragraph one of subdivision g of this section shall be excluded from36the maximum rent when computing the seven and one-half percentum37increase authorized by this paragraph five.] Where a housing accommo- 38 dation is vacant on January first, nineteen hundred seventy-two, or 39 becomes vacant thereafter by voluntary surrender of possession by the 40 tenants, the maximum rent established for such accommodations may be 41 collected. 42 § 2. Subparagraphs (l) and (n) of paragraph 1 of subdivision g of 43 section 26-405 of the administrative code of the city of New York are 44 REPEALED. 45 § 3. Section 4 of chapter 274 of the laws of 1946, constituting the 46 emergency housing rent control law, is amended by adding a new subdivi- 47 sion 9 to read as follows: 48 9. No annual rent increase authorized pursuant to this act shall 49 exceed the average of the previous five annual rental adjustments 50 authorized by a rent guidelines board for a rent stabilized unit pursu- 51 ant to section 4 of the emergency tenant protection act of nineteen 52 seventy-four. 53 § 4. The administrative code of the city of New York is amended by 54 adding a new section 26-407.1 to read as follows:S. 6458 19 A. 8281 1 § 26-407.1 Fuel pass-along to tenants under rent control prohibited. 2 Notwithstanding any other provision of law, rule, regulation, charter or 3 administrative code, tenants of housing accommodations which are subject 4 to rent control under this chapter shall not be subject to a fuel 5 adjustment or pass-along increase in rent and any such increase to such 6 tenant shall be null and void. 7 § 5. This act shall take effect immediately; provided that the amend- 8 ments to section 26-405 of the city rent and rehabilitation law made by 9 section one of this act shall remain in full force and effect only as 10 long as the public emergency requiring the regulation and control of 11 residential rents and evictions continues, as provided in subdivision 3 12 of section 1 of the local emergency housing rent control act; and 13 provided further that the addition of section 26-407.1 to the city rent 14 and rehabilitation law made by section four of this act shall remain in 15 full force and effect only as long as the public emergency requiring the 16 regulation and control of residential rents and evictions continues, as 17 provided in subdivision 3 of section 1 of the local emergency housing 18 rent control act. 19 PART I 20 Section 1. Paragraph 1 of subdivision b of section 26-408 of the 21 administrative code of the city of New York is amended to read as 22 follows: 23 (1) The landlord seeks in good faith to recover possession of a hous- 24 ing accommodation because of immediate and compelling necessity for his 25 or her own personal use and occupancy as his or her primary residence or 26 for the use and occupancy of his or her immediate family as their prima- 27 ry residence provided, however, that this subdivision shall permit 28 recovery of only one housing accommodation and shall not apply where a 29 member of the household lawfully occupying the housing accommodation is 30 sixty-two years of age or older, has been a tenant in a housing accommo- 31 dation in that building for [twenty] fifteen years or more, or has an 32 impairment which results from anatomical, physiological or psychological 33 conditions, other than addiction to alcohol, gambling, or any controlled 34 substance, which are demonstrable by medically acceptable clinical and 35 laboratory diagnostic techniques, and which are expected to be permanent 36 and which prevent the tenant from engaging in any substantial gainful 37 employment; provided, further, that a tenant required to surrender a 38 housing accommodation by virtue of the operation of subdivision g or h 39 of this section shall have a cause of action in any court of competent 40 jurisdiction for damages, declaratory, and injunctive relief against a 41 landlord or purchaser of the premises who makes a fraudulent statement 42 regarding a proposed use of the housing accommodation. In any action or 43 proceeding brought pursuant to this paragraph a prevailing tenant shall 44 be entitled to recovery of actual damages, and reasonable attorneys' 45 fees; or 46 § 2. Subparagraph (b) of paragraph 9 of subdivision c of section 47 26-511 of the administrative code of the city of New York is amended to 48 read as follows: 49 (b) where he or she seeks to recover possession of one [or more] 50 dwelling [units] unit because of immediate and compelling necessity for 51 his or her own personal use and occupancy as his or her primary resi- 52 dence [in the city of New York and/or] or for the use and occupancy of a 53 member of his or her immediate family as his or her primary residence 54 [in the city of New York], provided however, that this subparagraphS. 6458 20 A. 8281 1 shall permit recovery of only one dwelling unit and shall not apply 2 where a tenant or the spouse of a tenant lawfully occupying the dwelling 3 unit is sixty-two years of age or older, has been a tenant in a dwelling 4 unit in that building for fifteen years or more, or has an impairment 5 which results from anatomical, physiological or psychological condi- 6 tions, other than addiction to alcohol, gambling, or any controlled 7 substance, which are demonstrable by medically acceptable clinical and 8 laboratory diagnostic techniques, and which are expected to be permanent 9 and which prevent the tenant from engaging in any substantial gainful 10 employment, unless such owner offers to provide and if requested, 11 provides an equivalent or superior housing accommodation at the same or 12 lower stabilized rent in a closely proximate area. The provisions of 13 this subparagraph shall only permit one of the individual owners of any 14 building to recover possession of one [or more] dwelling [units] unit 15 for his or her own personal use and/or for that of his or her immediate 16 family. [Any] A dwelling unit recovered by an owner pursuant to this 17 subparagraph shall not for a period of three years be rented, leased, 18 subleased or assigned to any person other than a person for whose bene- 19 fit recovery of the dwelling unit is permitted pursuant to this subpara- 20 graph or to the tenant in occupancy at the time of recovery under the 21 same terms as the original lease; provided, however, that a tenant 22 required to surrender a housing accommodation by virtue of the operation 23 of subdivision g or h of section 26-408 of this title shall have a cause 24 of action in any court of competent jurisdiction for damages, declarato- 25 ry, and injunctive relief against a landlord or purchaser of the prem- 26 ises who makes a fraudulent statement regarding a proposed use of the 27 housing accommodation. In any action or proceeding brought pursuant to 28 this subparagraph a prevailing tenant shall be entitled to recovery of 29 actual damages, and reasonable attorneys' fees. This subparagraph shall 30 not be deemed to establish or eliminate any claim that the former tenant 31 of the dwelling unit may otherwise have against the owner. Any such 32 rental, lease, sublease or assignment during such period to any other 33 person may be subject to a penalty of a forfeiture of the right to any 34 increases in residential rents in such building for a period of three 35 years; or 36 § 3. Subdivision a of section 10 of section 4 of chapter 576 of the 37 laws of 1974, constituting the emergency tenant protection act of nine- 38 teen seventy-four, as amended by chapter 234 of the laws of 1984, is 39 amended to read as follows: 40 a. For cities having a population of less than one million and towns 41 and villages, the state division of housing and community renewal shall 42 be empowered to implement this act by appropriate regulations. Such 43 regulations may encompass such speculative or manipulative practices or 44 renting or leasing practices as the state division of housing and commu- 45 nity renewal determines constitute or are likely to cause circumvention 46 of this act. Such regulations shall prohibit practices which are likely 47 to prevent any person from asserting any right or remedy granted by this 48 act, including but not limited to retaliatory termination of periodic 49 tenancies and shall require owners to grant a new one or two year vacan- 50 cy or renewal lease at the option of the tenant, except where a mortgage 51 or mortgage commitment existing as of the local effective date of this 52 act provides that the owner shall not grant a one-year lease; and shall 53 prescribe standards with respect to the terms and conditions of new and 54 renewal leases, additional rent and such related matters as security 55 deposits, advance rental payments, the use of escalator clauses in leas- 56 es and provision for increase in rentals for garages and other ancillaryS. 6458 21 A. 8281 1 facilities, so as to insure that the level of rent adjustments author- 2 ized under this law will not be subverted and made ineffective. Any 3 provision of the regulations permitting an owner to refuse to renew a 4 lease on grounds that the owner seeks to recover possession of [the] a 5 housing accommodation for his or her own use and occupancy or for the 6 use and occupancy of his or her immediate family shall permit recovery 7 of only one housing accommodation, shall require that an owner demon- 8 strate immediate and compelling need and that the housing accommodation 9 will be the proposed occupants' primary residence and shall not apply 10 where a member of the housing accommodation is sixty-two years of age or 11 older, has been a tenant in a housing accommodation in that building for 12 [twenty] fifteen years or more, or has an impairment which results from 13 anatomical, physiological or psychological conditions, other than 14 addiction to alcohol, gambling, or any controlled substance, which are 15 demonstrable by medically acceptable clinical and laboratory diagnostic 16 techniques, and which are expected to be permanent and which prevent the 17 tenant from engaging in any substantial gainful employment; provided, 18 however, that a tenant required to surrender a housing accommodation by 19 virtue of the operation of subdivision g or h of section 26-408 of the 20 administrative code of the city of New York shall have a cause of action 21 in any court of competent jurisdiction for damages, declaratory, and 22 injunctive relief against a landlord or purchaser of the premises who 23 makes a fraudulent statement regarding a proposed use of the housing 24 accommodation. In any action or proceeding brought pursuant to this 25 subdivision a prevailing tenant shall be entitled to recovery of actual 26 damages, and reasonable attorneys' fees. 27 § 4. Paragraph (a) of subdivision 2 of section 5 of chapter 274 of the 28 laws of 1946, constituting the emergency housing rent control law, as 29 amended by chapter 234 of the laws of 1984, is amended to read as 30 follows: 31 (a) the landlord seeks in good faith to recover possession of a hous- 32 ing [accommodations] accommodation because of immediate and compelling 33 necessity for his or her own personal use and occupancy as his or her 34 primary residence or for the use and occupancy of his or her immediate 35 family as their primary residence; provided, however, this subdivision 36 shall permit recovery of only one housing accommodation and shall not 37 apply where a member of the household lawfully occupying the housing 38 accommodation is sixty-two years of age or older, has been a tenant in a 39 housing accommodation in that building for [twenty] fifteen years or 40 more, or has an impairment which results from anatomical, physiological 41 or psychological conditions, other than addiction to alcohol, gambling, 42 or any controlled substance, which are demonstrable by medically accept- 43 able clinical and laboratory diagnostic techniques, and which are 44 expected to be permanent and which prevent the tenant from engaging in 45 any substantial gainful employment; provided, however, that a tenant 46 required to surrender a housing accommodation by virtue of the operation 47 of subdivision g or h of section 26-408 of the administrative code of 48 the city of New York shall have a cause of action in any court of compe- 49 tent jurisdiction for damages, declaratory, and injunctive relief 50 against a landlord or purchaser of the premises who makes a fraudulent 51 statement regarding a proposed use of the housing accommodation. In any 52 action or proceeding brought pursuant to this paragraph a prevailing 53 tenant shall be entitled to recovery of actual damages, and reasonable 54 attorneys' fees; or 55 § 5. This act shall take effect immediately and shall apply to any 56 tenant in possession at or after the time it takes effect, regardless ofS. 6458 22 A. 8281 1 whether the landlord's application for an order, refusal to renew a 2 lease or refusal to extend or renew a tenancy took place before this act 3 shall have taken effect, provided that: 4 a. the amendments to section 26-408 of the city rent and rehabili- 5 tation law made by section one of this act shall remain in full force 6 and effect only as long as the public emergency requiring the regulation 7 and control of residential rents and evictions continues, as provided in 8 subdivision 3 of section 1 of the local emergency housing rent control 9 act; and 10 b. the amendments to section 26-511 of the rent stabilization law of 11 nineteen hundred sixty-nine made by section two of this act shall expire 12 on the same date as such law expires and shall not affect the expiration 13 of such law as provided under section 26-520 of such law. 14 PART J 15 Section 1. Paragraph 10 and 11 of subdivision a of section 5 of 16 section 4 of chapter 576 of the laws of 1974, constituting the emergency 17 tenant protection act of nineteen seventy-four, paragraph 11 as amended 18 by chapter 422 of the laws of 2010, are amended to read as follows: 19 (10) housing accommodations in buildings operated exclusively for 20 charitable purposes on a non-profit basis except for permanent housing 21 accommodations with government contracted services, as of and after the 22 effective date of the chapter of the laws of two thousand nineteen that 23 amended this paragraph, to vulnerable individuals or individuals with 24 disabilities who are or were homeless or at risk of homelessness; 25 provided, however, that terms of leases in existence as of the effective 26 date of the chapter of the laws of two thousand nineteen that amended 27 this paragraph, shall only be affected upon lease renewal, and further 28 provided that upon the vacancy of such housing accommodations shall be 29 the legal regulated rent paid for such housing accommodations by the 30 prior tenant, subject only to any adjustment adopted by the applicable 31 rent guidelines board; 32 (11) housing accommodations which are not occupied by the tenant, not 33 including subtenants or occupants, as his or her primary residence, as 34 determined by a court of competent jurisdiction. For the purposes of 35 determining primary residency, a tenant who is a victim of domestic 36 violence, as defined in section four hundred fifty-nine-a of the social 37 services law, who has left the unit because of such violence, and who 38 asserts an intent to return to the housing accommodation shall be deemed 39 to be occupying the unit as his or her primary residence. For the 40 purposes of this paragraph, where a housing accommodation is rented to a 41 not-for-profit hospital for residential use, affiliated subtenants 42 authorized to use such accommodations by such hospital shall be deemed 43 to be tenants. For the purposes of this paragraph, where a housing 44 accommodation is rented to a not-for-profit for providing, as of and 45 after the effective date of the chapter of the laws of two thousand 46 nineteen that amended this paragraph, permanent housing to individuals 47 who are or were homeless or at risk of homelessness, affiliated subten- 48 ants authorized to use such accommodations by such not-for-profit shall 49 be deemed to be tenants. No action or proceeding shall be commenced 50 seeking to recover possession on the ground that a housing accommodation 51 is not occupied by the tenant as his or her primary residence unless the 52 owner or lessor shall have given thirty days notice to the tenant of his 53 or her intention to commence such action or proceeding on such grounds. 54 § 2. This act shall take effect immediately.S. 6458 23 A. 8281 1 PART K 2 Section 1. Paragraph 1 of subdivision d of section 6 of section 4 of 3 chapter 576 of the laws of 1974, constituting the emergency tenant 4 protection act of nineteen seventy-four, as amended by section 18 of 5 part B of chapter 97 of the laws of 2011, is amended to read as follows: 6 (1) there has been a substantial modification or increase of dwelling 7 space [or an increase in the services], or installation of new equipment 8 or improvements or new furniture or furnishings, provided in or to a 9 tenant's housing accommodation, on written informed tenant consent to 10 the rent increase. In the case of a vacant housing accommodation, 11 tenant consent shall not be required. The [permanent] temporary 12 increase in the legal regulated rent for the affected housing accommo- 13 dation shall be [one-fortieth] one-one hundred sixty-eighth, in the case 14 of a building with thirty-five or fewer housing accommodations[, or15one-sixtieth,] or one-one hundred eightieth in the case of a building 16 with more than thirty-five housing accommodations where such [permanent] 17 increase takes effect on or after [September twenty-fourth, two thousand18eleven, of the total cost incurred by the landlord in providing such19modification or increase in dwelling space, services, furniture,20furnishings or equipment, including the cost of installation, but21excluding finance charges] the effective date of the chapter of the laws 22 of two thousand nineteen that amended this paragraph, of the total actu- 23 al cost incurred by the landlord up to fifteen thousand dollars in 24 providing such reasonable and verifiable modification or increase in 25 dwelling space, furniture, furnishings, or equipment, including the cost 26 of installation but excluding finance charges and any costs that exceed 27 reasonable costs established by rules and regulations promulgated by the 28 division of housing and community renewal. Such rules and regulations 29 shall include: (i) requirements for work to be done by licensed contrac- 30 tors and a prohibition on common ownership between the landlord and the 31 contractor or vendor; and (ii) a requirement that the owner resolve 32 within the dwelling space all outstanding hazardous or immediately 33 hazardous violations of the Uniform Fire Prevention and Building Code 34 (Uniform Code), New York City Fire Code, or New York City Building and 35 Housing Maintenance Codes, if applicable. Provided further that an owner 36 who is entitled to a rent increase pursuant to this paragraph shall not 37 be entitled to a further rent increase based upon the installation of 38 similar equipment, or new furniture or furnishings within the useful 39 life of such new equipment, or new furniture or furnishings. Provided 40 further that the recoverable costs incurred by the landlord, pursuant to 41 this paragraph, shall be limited to an aggregate cost of fifteen thou- 42 sand dollars that may be expended on no more than three separate indi- 43 vidual apartment improvements in a fifteen year period. Provided further 44 that increases to the legal regulated rent pursuant to this paragraph 45 shall be removed from the legal regulated rent thirty years from the 46 date the increase became effective inclusive of any increases granted by 47 the applicable rent guidelines board. 48 § 2. Paragraph 13 of subdivision c of section 26-511 of the adminis- 49 trative code of the city of New York, as amended by section 16 of part B 50 of chapter 97 of the laws of 2011, is amended to read as follows: 51 (13) provides that an owner is entitled to a rent increase where there 52 has been a substantial modification or increase of dwelling space [or an53increase in the services], or installation of new equipment or improve- 54 ments or new furniture or furnishings provided in or to a tenant's hous- 55 ing accommodation, on written informed tenant consent to the rentS. 6458 24 A. 8281 1 increase. In the case of a vacant housing accommodation, tenant consent 2 shall not be required. The [permanent] temporary increase in the legal 3 regulated rent for the affected housing accommodation shall be [one-for-4tieth,] one-one hundred sixty-eighth, in the case of a building with 5 thirty-five or fewer housing accommodations[, or one-sixtieth,] or one- 6 one hundred eightieth in the case of a building with more than thirty- 7 five housing accommodations where such [permanent] increase takes effect 8 on or after [September twenty-fourth, two thousand eleven, of the total9cost incurred by the landlord in providing such modification or increase10in dwelling space, services, furniture, furnishings or equipment,11including the cost of installation, but excluding finance charges] the 12 effective date of the chapter of the laws of two thousand nineteen that 13 amended this paragraph, of the total actual cost incurred by the land- 14 lord in providing such reasonable and verifiable modification or 15 increase in dwelling space, furniture, furnishings, or equipment, 16 including the cost of installation but excluding finance charges and any 17 costs that exceed reasonable costs established by rules and regulations 18 promulgated by the division of housing and community renewal. Such rules 19 and regulations shall include: (i) requirements for work to be done by 20 licensed contractors and prohibit common ownership between the landlord 21 and the contractor or vendor; and (ii) a requirement that the owner 22 resolve within the dwelling space all outstanding hazardous or imme- 23 diately hazardous violations of the Uniform Fire Prevention and Building 24 Code (Uniform Code), New York City Fire Code, or New York City Building 25 and Housing Maintenance Codes, if applicable. Provided further that an 26 owner who is entitled to a rent increase pursuant to this paragraph 27 shall not be entitled to a further rent increase based upon the instal- 28 lation of similar equipment, or new furniture or furnishings within the 29 useful life of such new equipment, or new furniture or furnishings. 30 Provided further that the recoverable costs incurred by the landlord, 31 pursuant to this paragraph, shall be limited to an aggregate cost of 32 fifteen thousand dollars that may be expended on no more than three 33 separate individual apartment improvements in a fifteen year period. 34 Provided further that increases to the legal regulated rent pursuant to 35 this paragraph shall be removed from the legal regulated rent thirty 36 years from the date the increase became effective inclusive of any 37 increases granted by the applicable rent guidelines board. 38 § 3. Subparagraph (e) of paragraph 1 of subdivision g of section 39 26-405 of the administrative code of the city of New York, as amended by 40 section 15 of part B of chapter 97 of the laws of 2011, is amended to 41 read as follows: 42 (e) The landlord and tenant by mutual voluntary written agreement 43 demonstrating informed consent agree to a substantial increase or 44 decrease in dwelling space or a change in [the services,] furniture, 45 furnishings or equipment provided in the housing accommodations. An 46 adjustment under this subparagraph shall be equal to [one-fortieth] 47 one-one hundred sixty-eighth, in the case of a building with thirty-five 48 or fewer housing accommodations[, or one-sixtieth,] or one-one hundred 49 eightieth in the case of a building with more than thirty-five housing 50 accommodations where such temporary adjustment takes effect on or after 51 [September twenty-fourth, two thousand eleven, of the total cost52incurred by the landlord in providing such modification or increase in53dwelling space, services, furniture, furnishings or equipment, including54the cost of installation, but excluding finance charges, provided] the 55 effective date of the chapter of the laws of two thousand nineteen that 56 amended this subparagraph, of the total actual cost incurred by theS. 6458 25 A. 8281 1 landlord in providing such reasonable and verifiable modification or 2 increase in dwelling space, furniture, furnishings, or equipment, 3 including the cost of installation but excluding finance charges and any 4 costs that exceed reasonable costs established by rules and regulations 5 promulgated by the division of housing and community renewal. Such rules 6 and regulations shall include: (i) requirements for work to be done by 7 licensed contractors and prohibit common ownership between the landlord 8 and the contractor or vendor; and (ii) a requirement that the owner 9 resolve within the dwelling space all outstanding hazardous or imme- 10 diately hazardous violations of the Uniform Fire Prevention and Building 11 Code (Uniform Code), New York City Fire Code, or New York City Building 12 and Housing Maintenance Codes, if applicable. Provided further that an 13 owner who is entitled to a rent increase pursuant to this subparagraph 14 shall not be entitled to a further rent increase based upon the instal- 15 lation of similar equipment, or new furniture or furnishings within the 16 useful life of such new equipment, or new furniture or furnishings. 17 Provided further that the recoverable costs incurred by the landlord, 18 pursuant to this subparagraph shall be limited to an aggregate cost of 19 fifteen thousand dollars that may be expended on no more than three 20 separate individual apartment improvements in a fifteen year period. 21 Provided further that increases to the legal regulated rent pursuant to 22 this subparagraph shall be removed from the legal regulated rent thirty 23 years from the date the increase became effective inclusive of any 24 increases granted by the applicable rent guidelines board. The owner 25 shall give written notice to the city rent agency of any such temporary 26 adjustment pursuant to this subparagraph; or 27 § 4. The administrative code of the city of New York is amended by 28 adding a new section 26-511.1 to read as follows: 29 § 26-511.1 Major capital improvements and individual apartment 30 improvements in rent regulated units. a. Notwithstanding any other 31 provision of law to the contrary, the division of housing and community 32 renewal, the "division", shall promulgate rules and regulations applica- 33 ble to all rent regulated units that shall: 34 (1) establish a schedule of reasonable costs for major capital 35 improvements, which shall set a ceiling for what can be recovered 36 through a temporary major capital improvement increase, based on the 37 type of improvement and its rate of depreciation; 38 (2) establish the criteria for eligibility of a temporary major capi- 39 tal improvement increase including the type of improvement, which shall 40 be essential for the preservation, energy efficiency, functionality or 41 infrastructure of the entire building, including heating, windows, 42 plumbing and roofing, but shall not be for operational costs or unneces- 43 sary cosmetic improvements. Allowable improvements must additionally be 44 depreciable pursuant to the Internal Revenue Service, other than for 45 ordinary repairs, that directly or indirectly benefit all tenants; and 46 no increase shall be approved for group work done in individual apart- 47 ments that is otherwise not an improvement to an entire building. Only 48 such costs that are actual, reasonable, and verifiable may be approved 49 as a temporary major capital improvement increase; 50 (3) require that any temporary major capital improvement increase 51 granted pursuant to these provisions be reduced by an amount equal to 52 (i) any governmental grant received by the landlord, where such grant 53 compensates the landlord for any improvements required by a city, state 54 or federal government, an agency or any granting governmental entity to 55 be expended for improvements and (ii) any insurance payment received byS. 6458 26 A. 8281 1 the landlord where such insurance payment compensates the landlord for 2 any part of the costs of the improvements; 3 (4) prohibit temporary major capital improvement increases for build- 4 ings with outstanding hazardous or immediately hazardous violations of 5 the Uniform Fire Prevention and Building Code (Uniform Code), New York 6 City Fire Code, or New York City Building and Housing Maintenance Codes, 7 if applicable; 8 (5) prohibit individual apartment improvement increases for housing 9 accommodations with outstanding hazardous or immediately hazardous 10 violations of the Uniform Fire Prevention and Building Code (Uniform 11 Code), New York City Fire Code, or New York City Building and Housing 12 Maintenance Codes, if applicable; 13 (6) prohibit temporary major capital improvement increases for build- 14 ings with thirty-five per centum or fewer rent-regulated units; 15 (7) establish that temporary major capital improvement increases shall 16 be fixed to the unit and shall cease thirty years from the date the 17 increase became effective. Temporary major capital improvement increases 18 shall be added to the legal regulated rent as a temporary increase and 19 shall be removed from the legal regulated rent thirty years from the 20 date the increase became effective inclusive of any increases granted by 21 the local rent guidelines board; 22 (8) establish that temporary major capital improvement increases shall 23 be collectible prospectively sixty days from the date of mailing notice 24 of approval to the tenant. Such notice shall disclose the total monthly 25 increase in rent and the first month in which the tenant would be 26 required to pay the temporary increase. An approval for a temporary 27 major capital improvement increase shall not include retroactive 28 payments. The collection of any increase shall not exceed two percent in 29 any year from the effective date of the order granting the increase over 30 the rent set forth in the schedule of gross rents, with collectability 31 of any dollar excess above said sum to be spread forward in similar 32 increments and added to the rent as established or set in future years. 33 Upon vacancy, the landlord may add any remaining balance of the tempo- 34 rary major capital improvement increase to the legal regulated rent. 35 Notwithstanding any other provision of the law, the collection of any 36 rent increases due to any major capital improvements approved on or 37 after June 16, 2012 and before June 16, 2019 shall not exceed two 38 percent in any year beginning on or after September 1, 2019 for any 39 tenant in occupancy on the date the major capital improvement was 40 approved; 41 (9) ensure that the application procedure for temporary major capital 42 improvement increases shall include an itemized list of work performed 43 and a description or explanation of the reason or purpose of such work; 44 (10) provide, that where an application for a major capital improve- 45 ment rent increase has been filed, a tenant shall have sixty days from 46 the date of mailing of a notice of a proceeding in which to answer or 47 reply; 48 (11) establish a notification and documentation procedure for individ- 49 ual apartment improvements that requires an itemized list of work 50 performed and a description or explanation of the reason or purpose of 51 such work, inclusive of photographic evidence documenting the condition 52 prior to and after the completion of the performed work. Provide for the 53 centralized electronic retention of such documentation and any other 54 supporting documentation to be made available in cases pertaining to the 55 adjustment of legal regulated rents; andS. 6458 27 A. 8281 1 (12) establish a form for a temporary individual apartment improvement 2 rent increase for a tenant in occupancy which shall be used by landlords 3 to obtain written informed consent that shall include the estimated 4 total cost of the improvement and the estimated monthly rent increase. 5 Such consent shall be executed in the tenant's primary language. Such 6 form shall be completed and preserved in the centralized electronic 7 retention system. Nothing herein shall relieve a landlord, lessor, or 8 agent thereof of his or her duty to retain proper documentation of all 9 improvements performed or any rent increases resulting from said 10 improvements. 11 b. The division shall establish an annual inspection and audit process 12 which shall review twenty-five percent of applications for a temporary 13 major capital improvement increase that have been submitted and 14 approved. Such process shall include individual inspections and document 15 review to ensure that owners complied with all obligations and responsi- 16 bilities under the law for temporary major capital improvement 17 increases. Inspections shall include in-person confirmation that such 18 improvements have been completed in such way as described in the appli- 19 cation. 20 c. The division shall issue a notice to the landlord and all the 21 tenants sixty days prior to the end of the temporary major capital 22 improvement increase and shall include the initial approved increase and 23 the total amount to be removed from the legal regulated rent inclusive 24 of any increases granted by the applicable rent guidelines board. 25 § 5. The administrative code of the city of New York is amended by 26 adding a new section 26-405.1 to read as follows: 27 § 26-405.1 Major capital improvements and individual apartment 28 improvements in rent regulated units. a. Notwithstanding any other 29 provision of law to the contrary, the division of housing and community 30 renewal, the "division", shall promulgate rules and regulations applica- 31 ble to all rent regulated units that shall: 32 (1) establish a schedule of reasonable costs for major capital 33 improvements, which shall set a ceiling for what can be recovered 34 through a temporary major capital improvement increase, based on the 35 type of improvement and its rate of depreciation; 36 (2) establish the criteria for eligibility of a temporary major capi- 37 tal improvement increase including the type of improvement, which shall 38 be essential for the preservation, energy efficiency, functionality or 39 infrastructure of the entire building, including heating, windows, 40 plumbing and roofing, but shall not be for operational costs or unneces- 41 sary cosmetic improvements. Allowable improvements must additionally be 42 depreciable pursuant to the Internal Revenue Service, other than for 43 ordinary repairs, that directly or indirectly benefit all tenants; and 44 no increase shall be approved for group work done in individual apart- 45 ments that is otherwise not an improvement to an entire building. Only 46 such costs that are actual, reasonable, and verifiable may be approved 47 as a temporary major capital improvement increase; 48 (3) require that any temporary major capital improvement increase 49 granted pursuant to these provisions be reduced by an amount equal to 50 (i) any governmental grant received by the landlord, where such grant 51 compensates the landlord for any improvements required by a city, state 52 or federal government, an agency or any granting governmental entity to 53 be expended for improvements and (ii) any insurance payment received by 54 the landlord where such insurance payment compensates the landlord for 55 any part of the costs of the improvements;S. 6458 28 A. 8281 1 (4) prohibit temporary major capital improvement increases for build- 2 ings with outstanding hazardous or immediately hazardous violations of 3 the Uniform Fire Prevention and Building Code (Uniform Code), New York 4 City Fire Code, or New York City Building and Housing Maintenance Codes, 5 if applicable; 6 (5) prohibit individual apartment improvement increases for housing 7 accommodations with outstanding hazardous or immediately hazardous 8 violations of the Uniform Fire Prevention and Building Code (Uniform 9 Code), New York City Fire Code, or New York City Building and Housing 10 Maintenance Codes, if applicable; 11 (6) prohibit temporary major capital improvement increases for build- 12 ings with thirty-five per centum or fewer rent-regulated units; 13 (7) establish that temporary major capital improvement increases shall 14 be fixed to the unit and shall cease thirty years from the date the 15 increase became effective. Temporary major capital improvement increases 16 shall be added to the legal regulated rent as a temporary increase and 17 shall be removed from the legal regulated rent thirty years from the 18 date the increase became effective inclusive of any increases granted by 19 the local rent guidelines board; 20 (8) establish that temporary major capital improvement increases shall 21 be collectible prospectively sixty days from the date of mailing notice 22 of approval to the tenant. Such notice shall disclose the total monthly 23 increase in rent and the first month in which the tenant would be 24 required to pay the temporary increase. An approval for a temporary 25 major capital improvement increase shall not include retroactive 26 payments. The collection of any increase shall not exceed two percent in 27 any year from the effective date of the order granting the increase over 28 the rent set forth in the schedule of gross rents, with collectability 29 of any dollar excess above said sum to be spread forward in similar 30 increments and added to the rent as established or set in future years. 31 Upon vacancy, the landlord may add any remaining balance of the tempo- 32 rary major capital improvement increase to the legal regulated rent. 33 Notwithstanding any other provision of the law, the collection of any 34 rent increases due to any major capital improvements approved on or 35 after June 16, 2012 and before June 16, 2019 shall not exceed two 36 percent in any year beginning on or after September 1, 2019 for any 37 tenant in occupancy on the date the major capital improvement was 38 approved; 39 (9) ensure that the application procedure for temporary major capital 40 improvement increases shall include an itemized list of work performed 41 and a description or explanation of the reason or purpose of such work; 42 (10) provide, that where an application for a major capital improve- 43 ment rent increase has been filed, a tenant shall have sixty days from 44 the date of mailing of a notice of a proceeding in which to answer or 45 reply; 46 (11) establish a notification and documentation procedure for individ- 47 ual apartment improvements that requires an itemized list of work 48 performed and a description or explanation of the reason or purpose of 49 such work, inclusive of photographic evidence documenting the condition 50 prior to and after the completion of the performed work. Provide for the 51 centralized electronic retention of such documentation and any other 52 supporting documentation to be made available in cases pertaining to the 53 adjustment of legal regulated rents; and 54 (12) establish a form for a temporary individual apartment improvement 55 rent increase for a tenant in occupancy which shall be used by landlords 56 to obtain written informed consent that shall include the estimatedS. 6458 29 A. 8281 1 total cost of the improvement and the estimated monthly rent increase. 2 Such consent shall be executed in the tenant's primary language. Such 3 form shall be completed and preserved in the centralized electronic 4 retention system. Nothing herein shall relieve a landlord, lessor, or 5 agent thereof of his or her duty to retain proper documentation of all 6 improvements performed or any rent increases resulting from said 7 improvements. 8 b. The division shall establish an annual inspection and audit process 9 which shall review twenty-five percent of applications for a temporary 10 major capital improvement increase that have been submitted and 11 approved. Such process shall include individual inspections and document 12 review to ensure that owners complied with all obligations and responsi- 13 bilities under the law for temporary major capital improvement 14 increases. Inspections shall include in-person confirmation that such 15 improvements have been completed in such way as described in the appli- 16 cation. 17 c. The division shall issue a notice to the landlord and all the 18 tenants sixty days prior to the end of the temporary major capital 19 improvement increase and shall include the initial approved increase and 20 the total amount to be removed from the legal regulated rent inclusive 21 of any increases granted by the applicable rent guidelines board. 22 § 6. Section 4 of chapter 576 of the laws of 1974, constituting the 23 emergency tenant protection act of nineteen seventy-four, is amended by 24 adding a new section 10-b to read as follows: 25 § 10-b. Major capital improvements and individual apartment improve- 26 ments in rent regulated units. (a) Notwithstanding any other provision 27 of law to the contrary, the division of housing and community renewal, 28 the "division", shall promulgate rules and regulations applicable to all 29 rent regulated units that shall: 30 1. establish a schedule of reasonable costs for major capital improve- 31 ments, which shall set a ceiling for what can be recovered through a 32 temporary major capital improvement increase, based on the type of 33 improvement and its rate of depreciation; 34 2. establish the criteria for eligibility of a temporary major capital 35 improvement increase including the type of improvement, which shall be 36 essential for the preservation, energy efficiency, functionality or 37 infrastructure of the entire building, including heating, windows, 38 plumbing and roofing, but shall not be for operational costs or unneces- 39 sary cosmetic improvements. Allowable improvements must additionally be 40 depreciable pursuant to the Internal Revenue Service, other than for 41 ordinary repairs, that directly or indirectly benefit all tenants; and 42 no increase shall be approved for group work done in individual apart- 43 ments that is otherwise not an improvement to an entire building. Only 44 such costs that are actual, reasonable, and verifiable may be approved 45 as a temporary major capital improvement increase; 46 3. require that any temporary major capital improvement increase 47 granted pursuant to these provisions be reduced by an amount equal to 48 (i) any governmental grant received by the landlord, where such grant 49 compensates the landlord for any improvements required by a city, state 50 or federal government, an agency or any granting governmental entity to 51 be expended for improvements and (ii) any insurance payment received by 52 the landlord where such insurance payment compensates the landlord for 53 any part of the costs of the improvements; 54 4. prohibit temporary major capital improvement increases for build- 55 ings with outstanding hazardous or immediately hazardous violations of 56 the Uniform Fire Prevention and Building Code (Uniform Code), New YorkS. 6458 30 A. 8281 1 City Fire Code, or New York City Building and Housing Maintenance Codes, 2 if applicable; 3 5. prohibit individual apartment improvement increases for housing 4 accommodations with outstanding hazardous or immediately hazardous 5 violations of the Uniform Fire Prevention and Building Code (Uniform 6 Code), New York City Fire Code, or New York City Building and Housing 7 Maintenance Codes, if applicable; 8 6. prohibit temporary major capital improvement increases for build- 9 ings with thirty-five per centum or fewer rent-regulated units; 10 7. establish that temporary major capital improvement increases shall 11 be fixed to the unit and shall cease thirty years from the date the 12 increase became effective. Temporary major capital improvement increases 13 shall be added to the legal regulated rent as a temporary increase and 14 shall be removed from the legal regulated rent thirty years from the 15 date the increase became effective inclusive of any increases granted by 16 the local rent guidelines board; 17 8. establish that temporary major capital improvement increases shall 18 be collectible prospectively sixty days from the date of mailing notice 19 of approval to the tenant. Such notice shall disclose the total monthly 20 increase in rent and the first month in which the tenant would be 21 required to pay the temporary increase. An approval for a temporary 22 major capital improvement increase shall not include retroactive 23 payments. The collection of any increase shall not exceed two percent in 24 any year from the effective date of the order granting the increase over 25 the rent set forth in the schedule of gross rents, with collectability 26 of any dollar excess above said sum to be spread forward in similar 27 increments and added to the rent as established or set in future years. 28 Upon vacancy, the landlord may add any remaining balance of the tempo- 29 rary major capital improvement increase to the legal regulated rent. 30 Notwithstanding any other provision of the law, the collection of any 31 rent increases due to any major capital improvements approved on or 32 after June 16, 2012 and before June 16, 2019 shall not exceed two 33 percent in any year beginning on or after September 1, 2019 for any 34 tenant in occupancy on the date the major capital improvement was 35 approved; 36 9. ensure that the application procedure for temporary major capital 37 improvement increases shall include an itemized list of work performed 38 and a description or explanation of the reason or purpose of such work; 39 10. provide, that where an application for a major capital improve- 40 ment rent increase has been filed, a tenant shall have sixty days from 41 the date of mailing of a notice of a proceeding in which to answer or 42 reply; 43 11. establish a notification and documentation procedure for individ- 44 ual apartment improvements that requires an itemized list of work 45 performed and a description or explanation of the reason or purpose of 46 such work, inclusive of photographic evidence documenting the condition 47 prior to and after the completion of the performed work. Provide for the 48 centralized electronic retention of such documentation and any other 49 supporting documentation to be made available in cases pertaining to the 50 adjustment of legal regulated rents; and 51 12. establish a form for a temporary individual apartment improvement 52 rent increase for a tenant in occupancy which shall be used by landlords 53 to obtain written informed consent that shall include the estimated 54 total cost of the improvement and the estimated monthly rent increase. 55 Such consent shall be executed in the tenant's primary language. Such 56 form shall be completed and preserved in the centralized electronicS. 6458 31 A. 8281 1 retention system. Nothing herein shall relieve a landlord, lessor, or 2 agent thereof of his or her duty to retain proper documentation of all 3 improvements performed or any rent increases resulting from said 4 improvements. 5 (b) The division shall establish an annual inspection and audit proc- 6 ess which shall review twenty-five percent of applications for a tempo- 7 rary major capital improvement increase that have been submitted and 8 approved. Such process shall include individual inspections and document 9 review to ensure that owners complied with all obligations and responsi- 10 bilities under the law for temporary major capital improvement 11 increases. Inspections shall include in-person confirmation that such 12 improvements have been completed in such way as described in the appli- 13 cation. 14 (c) The division shall issue a notice to the landlord and all the 15 tenants sixty days prior to the end of the temporary major capital 16 improvement increase and shall include the initial approved increase and 17 the total amount to be removed from the legal regulated rent inclusive 18 of any increases granted by the applicable rent guidelines board. 19 § 7. Chapter 274 of the laws of 1946, constituting the emergency hous- 20 ing rent control law, is amended by adding a new section 8-a to read as 21 follows: 22 § 8-a. Major capital improvements and individual apartment improve- 23 ments in rent regulated units. 1. Notwithstanding any other provision 24 of law to the contrary, the division of housing and community renewal, 25 the "division", shall promulgate rules and regulations applicable to all 26 rent regulated units that shall: 27 (a) establish a schedule of reasonable costs for major capital 28 improvements, which shall set a ceiling for what can be recovered 29 through a temporary major capital improvement increase, based on the 30 type of improvement and its rate of depreciation; 31 (b) establish the criteria for eligibility of a temporary major capi- 32 tal improvement increase including the type of improvement, which shall 33 be essential for the preservation, energy efficiency, functionality or 34 infrastructure of the entire building, including heating, windows, 35 plumbing and roofing, but shall not be for operational costs or unneces- 36 sary cosmetic improvements. Allowable improvements must additionally be 37 depreciable pursuant to the Internal Revenue Service, other than for 38 ordinary repairs, that directly or indirectly benefit all tenants; and 39 no increase shall be approved for group work done in individual apart- 40 ments that is otherwise not an improvement to an entire building. Only 41 such costs that are actual, reasonable, and verifiable may be approved 42 as a temporary major capital improvement increase; 43 (c) require that any temporary major capital improvement increase 44 granted pursuant to these provisions be reduced by an amount equal to 45 (i) any governmental grant received by the landlord, where such grant 46 compensates the landlord for any improvements required by a city, state 47 or federal government, an agency or any granting governmental entity to 48 be expended for improvements and (ii) any insurance payment received by 49 the landlord where such insurance payment compensates the landlord for 50 any part of the costs of the improvements; 51 (d) prohibit temporary major capital improvement increases for build- 52 ings with outstanding hazardous or immediately hazardous violations of 53 the Uniform Fire Prevention and Building Code (Uniform Code), New York 54 City Fire Code, or New York City Building and Housing Maintenance Codes, 55 if applicable;S. 6458 32 A. 8281 1 (e) prohibit individual apartment improvement increases for housing 2 accommodations with outstanding hazardous or immediately hazardous 3 violations of the Uniform Fire Prevention and Building Code (Uniform 4 Code), New York City Fire Code, or New York City Building and Housing 5 Maintenance Codes, if applicable; 6 (f) prohibit temporary major capital improvement increases for build- 7 ings with thirty-five per centum or fewer rent-regulated units; 8 (g) establish that temporary major capital improvement increases shall 9 be fixed to the unit and shall cease thirty years from the date the 10 increase became effective. Temporary major capital improvement increases 11 shall be added to the legal regulated rent as a temporary increase and 12 shall be removed from the legal regulated rent thirty years from the 13 date the increase became effective inclusive of any increases granted by 14 the local rent guidelines board; 15 (h) establish that temporary major capital improvement increases shall 16 be collectible prospectively sixty days from the date of mailing notice 17 of approval to the tenant. Such notice shall disclose the total monthly 18 increase in rent and the first month in which the tenant would be 19 required to pay the temporary increase. An approval for a temporary 20 major capital improvement increase shall not include retroactive 21 payments. The collection of any increase shall not exceed two percent in 22 any year from the effective date of the order granting the increase over 23 the rent set forth in the schedule of gross rents, with collectability 24 of any dollar excess above said sum to be spread forward in similar 25 increments and added to the rent as established or set in future years. 26 Upon vacancy, the landlord may add any remaining balance of the tempo- 27 rary major capital improvement increases to the legal regulated rent. 28 Notwithstanding any other provision of the law, the collection of any 29 rent increases due to any major capital improvements approved on or 30 after June 16, 2012 and before June 16, 2019 shall not exceed two 31 percent in any year beginning on or after September 1, 2019 for any 32 tenant in occupancy on the date the major capital improvement was 33 approved; 34 (i) ensure that the application procedure for temporary major capital 35 improvement increases shall include an itemized list of work performed 36 and a description or explanation of the reason or purpose of such work; 37 (j) provide, that where an application for a major capital improvement 38 rent increase has been filed, a tenant shall have sixty days from the 39 date of mailing of a notice of a proceeding in which to answer or reply; 40 (k) establish a notification and documentation procedure for individ- 41 ual apartment improvements that requires an itemized list of work 42 performed and a description or explanation of the reason or purpose of 43 such work, inclusive of photographic evidence documenting the condition 44 prior to and after the completion of the performed work. Provide for the 45 centralized electronic retention of such documentation and any other 46 supporting documentation to be made available in cases pertaining to the 47 adjustment of legal regulated rents; and 48 (l) establish a form for a temporary individual apartment improvement 49 rent increase for a tenant in occupancy which shall be used by landlords 50 to obtain written informed consent that shall include the estimated 51 total cost of the improvement and the estimated monthly rent increase. 52 Such consent shall be executed in the tenant's primary language. Such 53 form shall be completed and preserved in the centralized electronic 54 retention system. Nothing herein shall relieve a landlord, lessor, or 55 agent thereof of his or her duty to retain proper documentation of allS. 6458 33 A. 8281 1 improvements performed or any rent increases resulting from said 2 improvements. 3 2. The division shall establish an annual inspection and audit process 4 which shall review twenty-five percent of applications for a temporary 5 major capital improvement increase that have been submitted and 6 approved. Such process shall include individual inspections and document 7 review to ensure that owners complied with all obligations and responsi- 8 bilities under the law for temporary major capital improvement 9 increases. Inspections shall include in-person confirmation that such 10 improvements have been completed in such way as described in the appli- 11 cation. 12 3. The division shall issue a notice to the landlord and all the 13 tenants sixty days prior to the end of the temporary major capital 14 improvement increase and shall include the initial approved increase and 15 the total amount to be removed from the legal regulated rent inclusive 16 of any increases granted by the applicable rent guidelines board. 17 § 8. Paragraph 2 of subdivision 3-a and subparagraphs 7 and 8 of the 18 second undesignated paragraph of paragraph (a) of subdivision 4 of 19 section 4 of chapter 274 of the laws of 1946, constituting the emergency 20 housing rent control law, paragraph 2 of subdivision 3-a as amended by 21 chapter 337 of the laws of 1961, subparagraph 8 of the second undesig- 22 nated paragraph of paragraph (a) of subdivision 4 as amended by section 23 25 of part B of chapter 97 of the laws of 2011 and subparagraph 7 of the 24 second undesignated paragraph of paragraph (a) of subdivision 4 as 25 amended by section 32 of part A of chapter 20 of the laws of 2015, are 26 amended to read as follows: 27 (2) the amount of increases in maximum rent authorized by order 28 because of increases in dwelling space, services, furniture, furnishings 29 or equipment[, or major capital improvements] and the amount of the 30 temporary increase authorized by order because of a major capital 31 improvement. 32 (7) there has been since March first, nineteen hundred fifty, a major 33 capital improvement [required] essential for the [operation,] preserva- 34 tion [or maintenance of the structure], energy efficiency, functionali- 35 ty, or infrastructure of the entire building, improvement of the struc- 36 ture including heating, windows, plumbing and roofing, but shall not be 37 for operational costs or unnecessary cosmetic improvements; which for 38 any order of the commissioner issued after the effective date of the 39 [rent act of 2015] chapter of the laws of two thousand nineteen that 40 amended this paragraph the cost of such improvement shall be amortized 41 over [an eight-year] a twelve-year period for buildings with thirty-five 42 or fewer units or a [nine] twelve and one-half year period for buildings 43 with more than thirty-five units, and shall be removed from the legal 44 regulated rent thirty years from the date the increase became effective 45 inclusive of any increases granted by the applicable rent guidelines 46 board. Temporary major capital improvement increases shall be collect- 47 ible prospectively sixty days from the date of mailing notice of 48 approval to the tenant. Such notice shall disclose the total monthly 49 increase in rent and the first month in which the tenant would be 50 required to pay the temporary increase. An approval for a temporary 51 major capital improvement increase shall not include retroactive 52 payments. The collection of any increase shall not exceed two percent in 53 any year from the effective date of the order granting the increase over 54 the rent set forth in the schedule of gross rents, with collectability 55 of any dollar excess above said sum to be spread forward in similar 56 increments and added to the rent as established or set in future years.S. 6458 34 A. 8281 1 Upon vacancy, the landlord may add any remaining balance of the tempo- 2 rary major capital improvement increase to the legal regulated rent. 3 Notwithstanding any other provision of the law, the collection of any 4 rent increases due to any major capital improvements approved on or 5 after June 16, 2012 and before June 16, 2019 shall not exceed two 6 percent in any year beginning on or after September 1, 2019 for any 7 tenant in occupancy on the date the major capital improvement was 8 approved; or (8) there has been since March first, nineteen hundred 9 fifty, in structures containing more than four housing accommodations, 10 other improvements made with the express informed consent of the tenants 11 in occupancy of at least seventy-five per centum of the housing accommo- 12 dations, provided, however, that no adjustment granted hereunder shall 13 exceed [fifteen] two per centum unless the tenants have agreed to a 14 higher percentage of increase, as herein provided; 15 § 9. Paragraph 3 of subdivision d of section 6 of section 4 of chapter 16 576 of the laws of 1974, constituting the emergency tenant protection 17 act of nineteen seventy-four, as amended by section 30 of part A of 18 chapter 20 of the laws of 2015, is amended to read as follows: 19 (3) there has been since January first, nineteen hundred seventy-four 20 a major capital improvement [required for the operation, preservation or21maintenance of the structure] essential for the preservation, energy 22 efficiency, functionality, or infrastructure of the entire building, 23 improvement of the structure including heating, windows, plumbing and 24 roofing, but shall not be for operation costs or unnecessary cosmetic 25 improvements. An adjustment under this paragraph shall be in an amount 26 sufficient to amortize the cost of the improvements pursuant to this 27 paragraph over [an eight-year] a twelve-year period for a building with 28 thirty-five or fewer housing accommodations, or a [nine-year] twelve and 29 one-half period for a building with more than thirty-five housing accom- 30 modations and shall be removed from the legal regulated rent thirty 31 years from the date the increase became effective inclusive of any 32 increases granted by the applicable rent guidelines board, for any 33 determination issued by the division of housing and community renewal 34 after the effective date of the [rent act of 2015] chapter of the laws 35 of two thousand nineteen that amended this paragraph; the collection of 36 any increase shall not exceed two percent in any year from the effective 37 date of the order granting the increase over the rent set forth in the 38 schedule of gross rents, with collectability of any dollar excess above 39 said sum to be spread forward in similar increments and added to the 40 rent as established or set in future years. Upon vacancy, the landlord 41 may add any remaining balance of the temporary major capital improvement 42 increase to the legal regulated rent. Notwithstanding any other 43 provision of the law, the collection of any rent increases due to any 44 major capital improvements approved on or after June 16, 2012 and before 45 June 16, 2019 shall not exceed two percent in any year beginning on or 46 after September 1, 2019 for any tenant in occupancy on the date the 47 major capital improvement was approved, or 48 § 10. Subparagraph (g) of paragraph 1 of subdivision g of section 49 26-405 of the administrative code of the city of New York, as amended by 50 section 31 of part A of chapter 20 of the laws of 2015, is amended to 51 read as follows: 52 (g) There has been since July first, nineteen hundred seventy, a major 53 capital improvement [required] essential for the [operation,] preserva- 54 tion [or maintenance of the structure] energy efficiency, functionality, 55 or infrastructure of the entire building, improvement of the structure 56 including heating, windows, plumbing and roofing but shall not be forS. 6458 35 A. 8281 1 operational costs or unnecessary cosmetic improvements. [An adjustment] 2 The temporary increase based upon a major capital improvement under this 3 subparagraph [(g)] for any order of the commissioner issued after the 4 effective date of the [rent act of 2015] chapter of the laws of two 5 thousand nineteen that amended this subparagraph shall be in an amount 6 sufficient to amortize the cost of the improvements pursuant to this 7 subparagraph (g) over [an eight-year] a twelve-year period for buildings 8 with thirty-five or fewer units or a [nine] twelve and one-half year 9 period for buildings with more than thirty-five units, and shall be 10 removed from the legal regulated rent thirty years from the date the 11 increase became effective inclusive of any increases granted by the 12 applicable rent guidelines board. Temporary major capital improvement 13 increases shall be collectible prospectively sixty days from the date of 14 mailing notice of approval to the tenant. Such notice shall disclose the 15 total monthly increase in rent and the first month in which the tenant 16 would be required to pay the temporary increase. An approval for a 17 temporary major capital improvement increase shall not include retroac- 18 tive payments. The collection of any increase shall not exceed two 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 rent as established or set in 23 future years. Upon vacancy, the landlord may add any remaining balance 24 of the temporary major capital improvement increase to the legal regu- 25 lated rent. Notwithstanding any other provision of the law, the 26 collection of any rent increases due to any major capital improvements 27 approved on or after June 16, 2012 and before June 16, 2019 shall not 28 exceed two percent in any year beginning on or after September 1, 2019 29 for any tenant in occupancy on the date the major capital improvement 30 was approved, or 31 § 11. Paragraph 6 of subdivision c of section 26-511 of the adminis- 32 trative code of the city of New York, as amended by section 29 of part A 33 of chapter 20 of the laws of 2015, is amended to read as follows: 34 (6) provides criteria whereby the commissioner may act upon applica- 35 tions by owners for increases in excess of the level of fair rent 36 increase established under this law provided, however, that such crite- 37 ria shall provide (a) as to hardship applications, for a finding that 38 the level of fair rent increase is not sufficient to enable the owner to 39 maintain approximately the same average annual net income (which shall 40 be computed without regard to debt service, financing costs or manage- 41 ment fees) for the three year period ending on or within six months of 42 the date of an application pursuant to such criteria as compared with 43 annual net income, which prevailed on the average over the period nine- 44 teen hundred sixty-eight through nineteen hundred seventy, or for the 45 first three years of operation if the building was completed since nine- 46 teen hundred sixty-eight or for the first three fiscal years after a 47 transfer of title to a new owner provided the new owner can establish to 48 the satisfaction of the commissioner that he or she acquired title to 49 the building as a result of a bona fide sale of the entire building and 50 that the new owner is unable to obtain requisite records for the fiscal 51 years nineteen hundred sixty-eight through nineteen hundred seventy 52 despite diligent efforts to obtain same from predecessors in title and 53 further provided that the new owner can provide financial data covering 54 a minimum of six years under his or her continuous and uninterrupted 55 operation of the building to meet the three year to three year compar- 56 ative test periods herein provided; and (b) as to completed building-S. 6458 36 A. 8281 1 wide major capital improvements, for a finding that such improvements 2 are deemed depreciable under the Internal Revenue Code and that the cost 3 is to be amortized over [an eight-year] a twelve-year period for a 4 building with thirty-five or fewer housing accommodations, or a [nine-5year] twelve and one-half-year period for a building with more than 6 thirty-five housing accommodations, for any determination issued by the 7 division of housing and community renewal after the effective date of 8 the [rent act of 2015,] the chapter of the laws of two thousand nineteen 9 that amended this paragraph and shall be removed from the legal regu- 10 lated rent thirty years from the date the increase became effective 11 inclusive of any increases granted by the applicable rent guidelines 12 board. Temporary major capital improvement increases shall be collect- 13 ible prospectively sixty days from the date of mailing notice of 14 approval to the tenant. Such notice shall disclose the total monthly 15 increase in rent and the first month in which the tenant would be 16 required to pay the temporary increase. An approval for a temporary 17 major capital improvement increase shall not include retroactive 18 payments. The collection of any increase shall not exceed two percent in 19 any year from the effective date of the order granting the increase over 20 the rent set forth in the schedule of gross rents, with collectability 21 of any dollar excess above said sum to be spread forward in similar 22 increments and added to the rent as established or set in future years. 23 Upon vacancy, the landlord may add any remaining balance of the tempo- 24 rary major capital improvement increase to the legal regulated rent. 25 Notwithstanding any other provision of the law, the collection of any 26 rent increases due to any major capital improvements approved on or 27 after June 16, 2012 and before June 16, 2019 shall not exceed two 28 percent in any year beginning on or after September 1, 2019 for any 29 tenant in occupancy on the date the major capital improvement was 30 approved or based upon cash purchase price exclusive of interest or 31 service charges. Notwithstanding anything to the contrary contained 32 herein, no hardship increase granted pursuant to this paragraph shall, 33 when added to the annual gross rents, as determined by the commissioner, 34 exceed the sum of, (i) the annual operating expenses, (ii) an allowance 35 for management services as determined by the commissioner, (iii) actual 36 annual mortgage debt service (interest and amortization) on its indebt- 37 edness to a lending institution, an insurance company, a retirement fund 38 or welfare fund which is operated under the supervision of the banking 39 or insurance laws of the state of New York or the United States, and 40 (iv) eight and one-half percent of that portion of the fair market value 41 of the property which exceeds the unpaid principal amount of the mort- 42 gage indebtedness referred to in subparagraph (iii) of this paragraph. 43 Fair market value for the purposes of this paragraph shall be six times 44 the annual gross rent. The collection of any increase in the stabilized 45 rent for any apartment pursuant to this paragraph shall not exceed six 46 percent in any year from the effective date of the order granting the 47 increase over the rent set forth in the schedule of gross rents, with 48 collectability of any dollar excess above said sum to be spread forward 49 in similar increments and added to the stabilized rent as established or 50 set in future years; 51 § 12. Paragraph 6 of subdivision c of section 26-511 of the adminis- 52 trative code of the city of New York, as amended by section 29 of part A 53 of chapter 20 of the laws of 2015, is amended to read as follows: 54 (6) provides criteria whereby the commissioner may act upon applica- 55 tions by owners for increases in excess of the level of fair rent 56 increase established under this law provided, however, that such crite-S. 6458 37 A. 8281 1 ria shall provide (a) as to hardship applications, for a finding that 2 the level of fair rent increase is not sufficient to enable the owner to 3 maintain approximately the same average annual net income (which shall 4 be computed without regard to debt service, financing costs or manage- 5 ment fees) for the three year period ending on or within six months of 6 the date of an application pursuant to such criteria as compared with 7 annual net income, which prevailed on the average over the period nine- 8 teen hundred sixty-eight through nineteen hundred seventy, or for the 9 first three years of operation if the building was completed since nine- 10 teen hundred sixty-eight or for the first three fiscal years after a 11 transfer of title to a new owner provided the new owner can establish to 12 the satisfaction of the commissioner that he or she acquired title to 13 the building as a result of a bona fide sale of the entire building and 14 that the new owner is unable to obtain requisite records for the fiscal 15 years nineteen hundred sixty-eight through nineteen hundred seventy 16 despite diligent efforts to obtain same from predecessors in title and 17 further provided that the new owner can provide financial data covering 18 a minimum of six years under his or her continuous and uninterrupted 19 operation of the building to meet the three year to three year compar- 20 ative test periods herein provided; and (b) as to completed building- 21 wide major capital improvements, for a finding that such improvements 22 are deemed depreciable under the Internal Revenue Code and that the cost 23 is to be amortized over an eight-year period for a building with thir- 24 ty-five or fewer housing accommodations, or a nine-year period for a 25 building with more than thirty-five housing accommodations, for any 26 determination issued by the division of housing and community renewal 27 after the effective date of the rent act of 2015, based upon cash 28 purchase price exclusive of interest or service charges. Where an 29 application for a temporary major capital improvement increase has been 30 filed, a tenant shall have sixty days from the date of mailing of a 31 notice of a proceeding in which to answer or reply. The state division 32 of housing and community renewal shall provide any responding tenant 33 with the reasons for the division's approval or denial of such applica- 34 tion. Notwithstanding anything to the contrary contained herein, no 35 hardship increase granted pursuant to this paragraph shall, when added 36 to the annual gross rents, as determined by the commissioner, exceed the 37 sum of, (i) the annual operating expenses, (ii) an allowance for manage- 38 ment services as determined by the commissioner, (iii) actual annual 39 mortgage debt service (interest and amortization) on its indebtedness to 40 a lending institution, an insurance company, a retirement fund or 41 welfare fund which is operated under the supervision of the banking or 42 insurance laws of the state of New York or the United States, and (iv) 43 eight and one-half percent of that portion of the fair market value of 44 the property which exceeds the unpaid principal amount of the mortgage 45 indebtedness referred to in subparagraph (iii) of this paragraph. Fair 46 market value for the purposes of this paragraph shall be six times the 47 annual gross rent. The collection of any increase in the stabilized rent 48 for any apartment pursuant to this paragraph shall not exceed six 49 percent in any year from the effective date of the order granting the 50 increase over the rent set forth in the schedule of gross rents, with 51 collectability of any dollar excess above said sum to be spread forward 52 in similar increments and added to the stabilized rent as established or 53 set in future years; 54 § 13. Subdivision d of section 6 of section 4 of chapter 576 of the 55 laws of 1974, constituting the emergency tenant protection act of nine-S. 6458 38 A. 8281 1 teen seventy-four, is amended by adding a new paragraph 3-a to read as 2 follows: 3 (3-a) an application for a temporary major capital improvement 4 increase has been filed, a tenant shall have sixty days from the date of 5 mailing of a notice of a proceeding in which to answer or reply. The 6 state division of housing and community renewal shall provide any 7 responding tenant with the reasons for the division's approval or denial 8 of such application; or 9 § 14. Subparagraph 7 of the second undesignated paragraph of paragraph 10 (a) of subdivision 4 of section 4 of chapter 274 of the laws of 1946, 11 constituting the emergency housing rent control law, as amended by 12 section 32 of part A of chapter 20 of the laws of 2015, is amended to 13 read as follows: 14 (7) there has been since March first, nineteen hundred fifty, a major 15 capital improvement required for the operation, preservation or mainte- 16 nance of the structure; which for any order of the commissioner issued 17 after the effective date of the rent act of 2015 the cost of such 18 improvement shall be amortized over an eight-year period for buildings 19 with thirty-five or fewer units or a nine year period for buildings with 20 more than thirty-five units, provided, however, where an application for 21 a temporary major capital improvement increase has been filed, a tenant 22 shall have sixty days from the date of mailing of a notice of a proceed- 23 ing in which to answer or reply. The state division of housing and 24 community renewal shall provide any responding tenant with the reasons 25 for the division's approval or denial of such application; or 26 § 15. Subdivision a of section 26-517.1 of the administrative code of 27 the city of New York, as added by local law number 95 of the city of New 28 York for the year 1985, is amended to read as follows: 29 a. The [Department] department of [Finance] finance shall collect from 30 the owner of each housing accommodation registered pursuant to [Section] 31 section 26-517 of this [law] chapter an annual fee in the amount of 32 [ten] twenty dollars per year for each unit subject to this law, in 33 order to defray costs incurred by the city pursuant to subdivision c of 34 section eight of the emergency tenant protection act of nineteen hundred 35 seventy-four. 36 § 16. Subdivisions c and d of section 8 of section 4 of chapter 576 of 37 the laws of 1974 constituting the emergency tenant protection act of 38 nineteen seventy-four, subdivision c as amended by section 5 of part Z 39 of chapter 56 of the laws of 2010 and subdivision d as amended by chap- 40 ter 116 of the laws of 1997, are amended to read as follows: 41 c. Whenever a city having a population of one million or more has 42 determined the existence of an emergency pursuant to section three of 43 this act, the provisions of this act and the New York city rent stabili- 44 zation law of nineteen hundred sixty-nine shall be administered by the 45 state division of housing and community renewal as provided in the New 46 York city rent stabilization law of nineteen hundred sixty-nine, as 47 amended, or as otherwise provided by law. The costs incurred by the 48 state division of housing and community renewal in administering such 49 regulation shall be paid by such city. All payments for such adminis- 50 tration shall be transmitted to the state division of housing and commu- 51 nity renewal as follows: on or after April first of each year commencing 52 with April, nineteen hundred eighty-four, the commissioner of housing 53 and community renewal shall determine an amount necessary to defray the 54 division's anticipated annual cost, and one-quarter of such amount shall 55 be paid by such city on or before July first of such year, one-quarter 56 of such amount on or before October first of such year, one-quarter ofS. 6458 39 A. 8281 1 such amount on or before January first of the following year and one- 2 quarter of such amount on or before March thirty-first of the following 3 year. After the close of the fiscal year of the state, the commissioner 4 shall determine the amount of all actual costs incurred in such fiscal 5 year and shall certify such amount to such city. If such certified 6 amount shall differ from the amount paid by the city for such fiscal 7 year, appropriate adjustments shall be made in the next quarterly 8 payment to be made by such city. In the event that the amount thereof is 9 not paid to the commissioner as herein prescribed, the commissioner 10 shall certify the unpaid amount to the comptroller, and the comptroller 11 shall, to the extent not otherwise prohibited by law, withhold such 12 amount from any state aid payable to such city. In no event shall the 13 amount imposed on the owners exceed [ten] twenty dollars per unit per 14 year. 15 d. The failure to pay the prescribed assessment not to exceed [ten] 16 twenty dollars per unit for any housing accommodation subject to this 17 act or the New York city rent stabilization law of nineteen hundred 18 sixty-nine shall constitute a charge due and owing such city, town or 19 village which has imposed an annual charge for each such housing accom- 20 modation pursuant to subdivision b of this section. Any such city, town 21 or village shall be authorized to provide for the enforcement of the 22 collection of such charges by commencing an action or proceeding for the 23 recovery of such fees or by the filing of a lien upon the building and 24 lot. Such methods for the enforcement of the collection of such charges 25 shall be the sole remedy for the enforcement of this section. 26 § 17. Notwithstanding any other provision of law to the contrary, the 27 increased revenues of ten dollars per unit per year to the commissioner 28 of the state division of housing and community renewal pursuant to this 29 act, for the purpose of enforcement of rent regulations, shall be 30 divided equally by the commissioner between the office of rent adminis- 31 tration and the office of the tenant protection unit within the division 32 of housing and community renewal and shall be utilized by the commis- 33 sioner in addition to and not in substitution for the levels of funding 34 from all sources provided to the office of rent administration and the 35 office of the tenant protection unit on the effective date of this act. 36 § 18. This act shall take effect immediately; provided, however, that: 37 (a) the amendments to chapter 4 of title 26 of the administrative code 38 of the city of New York made by sections two, four, eleven, twelve and 39 fifteen of this act shall expire on the same date as such chapter 40 expires and shall not affect the expiration of such chapter as provided 41 under section 26-520 of such law; 42 (b) provided that the amendments to sections 26-405 and 26-405.1 of 43 the city rent and rehabilitation law made by sections three, five and 44 ten of this act shall remain in full force and effect only as long as 45 the public emergency requiring the regulation and control of residential 46 rents and evictions continues, as provided in subdivision 3 of section 1 47 of the local emergency housing rent control act; 48 (c) effective immediately, the addition, amendment and/or repeal of 49 any rule or regulation necessary for the implementation of this act on 50 its effective date are authorized and directed to be made and completed 51 on or before such effective date. 52 PART L 53 Section 1. Short title. This act shall be known and may be cited as 54 the "rent regulation reporting act of 2019".S. 6458 40 A. 8281 1 § 2. Section 20 of the public housing law, as added by chapter 576 of 2 the laws of 1989, is amended to read as follows: 3 § 20. Annual reports. 1. The commissioner shall, on or before October 4 first in each year, beginning in nineteen hundred ninety, submit one or 5 more reports to the governor, the temporary president of the senate, the 6 speaker of the assembly, the minority leader of the senate and minority 7 leader of the assembly on the activity and implementation of the state 8 housing assistance programs for the previous fiscal year. In addition, 9 the commissioner shall, on or before February first in each year, begin- 10 ning in nineteen hundred ninety-one, submit an interim report which 11 contains, in tabular format only, the non-narrative data compiled 12 through November thirtieth of each year. The commissioner shall submit 13 on or before February first, nineteen hundred ninety a report for the 14 fiscal year commencing April first, nineteen hundred eighty-eight and 15 the most up to date non-narrative data, in tabular format only, but in 16 no event less than the data compiled through September thirtieth, nine- 17 teen hundred eighty-nine. All such reports shall include, but not be 18 limited to the low income housing trust fund program, the affordable 19 home ownership development program, the urban initiatives program, the 20 rural area revitalization program, the rural rental assistance program, 21 the homeless housing and assistance program, the housing opportunities 22 program for the elderly, the state of New York mortgage agency forward 23 commitment and mortgage insurance programs, the housing finance agency 24 secured loan rental program, the turnkey/enhanced housing trust fund 25 program, the special needs housing program, the permanent housing for 26 the homeless program, the infrastructure development demonstration 27 program and the mobile home cooperative fund program. For the purpose 28 of producing such report or reports, the commissioner shall be author- 29 ized to rely on information provided by each administering agency or 30 authority. Such report or reports shall, to the extent applicable to a 31 specific program, include but not be limited to: (i) a narrative for 32 each program reported describing the program purpose, eligible appli- 33 cants, eligible areas, income population to be served, and limitations 34 on funding; (ii) for each eligible applicant receiving funding under the 35 Housing Trust Fund or the Affordable Home Ownership Development programs 36 during the year specified herein, such applicant's name and address, a 37 description of the applicant's contract amount, a narrative description 38 of the specific activities performed by such applicant, and the income 39 levels of the occupants to be served by the units all as proposed by the 40 applicant at the time the contract is awarded; (iii) a description of 41 the distribution of funds for each category of project funded under each 42 program; (iv) the number of units or beds under award, under contract, 43 under construction and completed based on a change in project status 44 during the year for each program; (v) the number of units or beds 45 assisted during the year under each program; (vi) the amount and type of 46 assistance provided for such units or beds placed under contract; (vii) 47 based on total project costs, the number of units or beds under contract 48 and assisted through new construction, substantial rehabilitation, 49 moderate rehabilitation, improvements to existing units or beds, and 50 through acquisition only for each program; (viii) for the number of 51 units or beds under contract assisted through new construction, substan- 52 tial rehabilitation, moderate rehabilitation, improvements to existing 53 units or beds, and through acquisition only, the level of state assist- 54 ance expressed as a percentage of total project cost; (ix) for those 55 units and beds under contract a calculation of the amount of non-state 56 funds provided expressed as a percentage of total project cost; (x) theS. 6458 41 A. 8281 1 number of units or beds completed and under award, under contract and 2 under construction for each program based on the current program pipe- 3 line; (xi) for units or beds for which mortgage assistance was provided 4 by the state of New York mortgage agency, the number of existing and 5 newly constructed units; and (xii) a list, by program, of units or beds 6 assisted within each county. To the extent that any law establishing or 7 appropriating funds for any of the aforementioned programs requires the 8 commissioner to produce a report containing data substantially similar 9 to that required herein, this report shall be deemed to satisfy such 10 other requirements. 11 2. The commissioner shall, on or before December thirty-first, two 12 thousand nineteen, and on or before December thirty-first in each subse- 13 quent year, submit and make publicly available a report to the governor, 14 the temporary president of the senate, the speaker of the assembly, and 15 on its website, on the implementation of the system of rent regulation 16 pursuant to chapter five hundred seventy-six of the laws of nineteen 17 hundred seventy-four, chapter two hundred seventy four of the laws of 18 nineteen hundred forty-six, chapter three hundred twenty-nine of the 19 laws of nineteen hundred sixty-three, chapter five hundred fifty-five of 20 the laws of nineteen hundred eighty-two, chapter four hundred two of the 21 laws of nineteen hundred eighty-three, chapter one hundred sixteen of 22 the laws of nineteen hundred ninety-seven, sections 26-501, 26-502, and 23 26-520 of the administrative code of the city of New York and the hous- 24 ing stability and tenant protection act of 2019. Such report shall 25 include but not be limited to: a narrative describing the programs and 26 activities undertaken by the office of rent administration and the 27 tenant protection unit, and any other programs or activities undertaken 28 by the division to implement, administer, and enforce the system of rent 29 regulation; and in tabular format, for each of the three fiscal years 30 immediately preceding the date the report is due: (i) the number of rent 31 stabilized housing accommodations within each county; (ii) the number of 32 rent controlled housing accommodations within each county; (iii) the 33 number of applications for major capital improvements filed with the 34 division, the number of such applications approved as submitted, the 35 number of such applications approved with modifications, and the number 36 of such applications rejected; (iv) the median and mean value of appli- 37 cations for major capital improvements approved; (v) the number of units 38 which were registered with the division where the amount charged to and 39 paid by the tenant was less than the registered rent for the housing 40 accommodation; (vi) for housing accommodations that were registered with 41 the division where the amount charged to and paid by the tenant was less 42 than the registered rent for the housing accommodation, the median and 43 mean difference between the registered rent for a housing accommodation 44 and the amount charged to and paid by the tenant; (vii) the median and 45 mean registered rent for housing accommodations for which the lease was 46 renewed by an existing tenant; (viii) the median and mean registered 47 rent for housing accommodations for which a lease was signed by a new 48 tenant after a vacancy; (ix) the median and mean increase, in dollars 49 and as a percentage, in the registered rent for housing accommodations 50 where the lease was signed by a new tenant after a vacancy; (x) the 51 median and mean increase, in dollars and as a percentage, in the regis- 52 tered rent for housing accommodations where the lease was signed by a 53 new tenant after a vacancy, where the amount changed to and paid by the 54 prior tenant was the full registered rent; (xi) the median and mean 55 increase, in dollars and as a percentage, in the registered rent for 56 housing accommodations where the lease was signed by a new tenant afterS. 6458 42 A. 8281 1 a vacancy, where the amount changed to and paid by the prior tenant was 2 less than the registered rent; (xii) the number of rent overcharge 3 complaints processed by the division; (xiii) the number of final over- 4 charge orders granting an overcharge; (xiv) the number of investigations 5 commenced by the tenant protection unit, the aggregate number of rent 6 stabilized or rent controlled housing accommodations in each county that 7 were the subject of such investigations, and the dispositions of such 8 investigations. At the time the report is due, the commissioner shall 9 make available to the governor, the temporary president of the senate, 10 the speaker of the assembly, and shall make publicly available, and on 11 its website in machine readable format, the data used to tabulate the 12 figures required to be included in the report, taking any steps neces- 13 sary to protect confidential information regarding individual buildings, 14 housing accommodations, property owners, and tenants. 15 § 3. This act shall take effect immediately. 16 PART M 17 Section 1. Short title. This act shall be known and may be cited as 18 the "statewide housing security and tenant protection act of 2019". 19 § 2. Section 223-b of the real property law, as amended by chapter 584 20 of the laws of 1991, subdivision 5-a as added by chapter 466 of the laws 21 of 2005, is amended to read as follows: 22 § 223-b. Retaliation by landlord against tenant. 1. No landlord of 23 premises or units to which this section is applicable shall serve a 24 notice to quit upon any tenant or commence any action to recover real 25 property or summary proceeding to recover possession of real property in 26 retaliation for: 27 a. A good faith complaint, by or in behalf of the tenant, to the land- 28 lord, the landlord's agent or a governmental authority of the landlord's 29 alleged violation of any health or safety law, regulation, code, or 30 ordinance, the warranty of habitability under section two hundred thir- 31 ty-five-b of this article, the duty to repair under sections seventy- 32 eight, seventy-nine, and eighty of the multiple dwelling law or section 33 one hundred seventy-four of the multiple residence law, or any law or 34 regulation which has as its objective the regulation of premises used 35 for dwelling purposes or which pertains to the offense of rent gouging 36 in the third, second or first degree; or 37 b. Actions taken in good faith, by or in behalf of the tenant, to 38 secure or enforce any rights under the lease or rental agreement, the 39 warranty of habitability under section two hundred thirty-five-b of this 40 [chapter] article, the duty to repair under sections seventy-eight, 41 seventy-nine, and eighty of the multiple dwelling law or section one 42 hundred seventy-four of the multiple residence law, or under any other 43 law of the state of New York, or of its governmental subdivisions, or of 44 the United States which has as its objective the regulation of premises 45 used for dwelling purposes or which pertains to the offense of rent 46 gouging in the third, second or first degree; or 47 c. The tenant's participation in the activities of a tenant's organ- 48 ization. 49 2. No landlord [or] of premises or units to which this section is 50 applicable or such landlord's agent shall substantially alter the terms 51 of the tenancy in retaliation for any actions set forth in paragraphs a, 52 b, and c of subdivision one of this section. Substantial alteration 53 shall include, but is not limited to, the refusal to continue a tenancy 54 of the tenant [or], upon expiration of the tenant's lease, to renew theS. 6458 43 A. 8281 1 lease or offer a new lease, or offering a new lease with an unreasonable 2 rent increase; provided, however, that a landlord shall not be required 3 under this section to offer a new lease or a lease renewal for a term 4 greater than one year [and after such extension of a tenancy for one5year shall not be required to further extend or continue such tenancy]. 6 3. A landlord shall be subject to a civil action for damages, attor- 7 ney's fees and costs and other appropriate relief, including injunctive 8 and other equitable remedies, as may be determined by a court of compe- 9 tent jurisdiction in any case in which the landlord has violated the 10 provisions of this section. 11 4. In any action to recover real property or summary proceeding to 12 recover possession of real property, judgment shall be entered for the 13 tenant if the court finds that the landlord is acting in retaliation for 14 any action set forth in paragraphs a, b, and c of subdivision one of 15 this section [and further finds that the landlord would not otherwise16have commenced such action or proceeding]. Retaliation shall be asserted 17 as an affirmative defense in such action or proceeding. The tenant shall 18 not be relieved of the obligation to pay any rent for which he is other- 19 wise liable. 20 5. In an action or proceeding instituted against a tenant of premises 21 or a unit to which this section is applicable, a rebuttable presumption 22 that the landlord is acting in retaliation shall be created if the 23 tenant establishes that the landlord served a notice to quit, or insti- 24 tuted an action or proceeding to recover possession, or attempted to 25 substantially alter the terms of the tenancy, within [six months] one 26 year after: 27 a. A good faith complaint was made, by or in behalf of the tenant, to 28 the landlord, the landlord's agent or a governmental authority of the 29 landlord's violation of any health or safety law, regulation, code, or 30 ordinance, the warranty of habitability under section two hundred thir- 31 ty-five-b of this article, the duty to repair under sections seventy- 32 eight, seventy-nine, and eighty of the multiple dwelling law or section 33 one hundred seventy-four of the multiple residence law, or any law or 34 regulation which has as its objective the regulation of premises used 35 for dwelling purposes or which pertains to the offense of rent gouging 36 in the third, second or first degree; or 37 b. The tenant in good faith [commenced an action or proceeding in a38court or administrative body of competent jurisdiction] took action to 39 secure or enforce against the landlord or his agents any rights under 40 the lease or rental agreement, the warranty of habitability under 41 section two hundred thirty-five-b of this [chapter] article, the duty to 42 repair under sections seventy-eight, seventy-nine, and eighty of the 43 multiple dwelling law or section one hundred seventy-four of the multi- 44 ple residence law, or under any other law of the state of New York, or 45 of its governmental subdivisions, or of the United States which has as 46 its objective the regulation of premises used for dwelling purposes or 47 which pertains to the offense of rent gouging in the third, second or 48 first degree. 49 c. Judgment under subdivision three or four of this section was 50 entered for the tenant in a previous action between the parties; or an 51 inspection was made, an order was entered, or other action was taken as 52 a result of a complaint or act described in paragraph a or b of this 53 subdivision. 54 [But the presumption shall not apply in an action or proceeding based55on the violation by the tenant of the terms and conditions of the lease56or rental agreement, including nonpayment of the agreed-upon rent.]S. 6458 44 A. 8281 1 The effect of the presumption shall be to require the landlord to 2 [provide a credible explanation of] establish a non-retaliatory motive 3 for his acts[. Such an explanation shall overcome and remove the4presumption unless the tenant disproves it] by a preponderance of the 5 evidence. 6 5-a. Any lease provision which seeks to assess a fee, penalty or 7 dollar charge, in addition to the stated rent, against a tenant because 8 such tenant files a bona fide complaint with the landlord, the land- 9 lord's agent or a building code officer regarding the condition of such 10 tenant's leased premises shall be null and void as being against public 11 policy. A landlord or agent of the landlord who seeks to enforce such a 12 fee, penalty or charge shall be liable to the tenant for triple the 13 amount of such fee, penalty or charge. 14 6. This section shall apply to all rental residential premises except 15 owner-occupied dwellings with less than four units. However, its 16 provisions shall not be given effect in any case in which it is estab- 17 lished that the condition from which the complaint or action arose was 18 caused by the tenant, a member of the tenant's household, or a guest of 19 the tenant. Nor shall it apply in a case where a tenancy was terminated 20 pursuant to the terms of a lease as a result of a bona fide transfer of 21 ownership. 22 § 3. The real property law is amended by adding a new section 226-c to 23 read as follows: 24 § 226-c. Notice of rent increase or non-renewal of residential tenan- 25 cy. 1. Whenever a landlord intends to offer to renew the tenancy of an 26 occupant in a residential dwelling unit with a rent increase equal to or 27 greater than five percent above the current rent, or the landlord does 28 not intend to renew the tenancy, the landlord shall provide written 29 notice as required in subdivision two of this section. If the landlord 30 fails to provide timely notice, the occupant's lawful tenancy shall 31 continue under the existing terms of the tenancy from the date on which 32 the landlord gave actual written notice until the notice period has 33 expired, notwithstanding any provision of a lease or other tenancy 34 agreement to the contrary. 35 2. (a) If the tenant has occupied the unit for less than one year and 36 does not have a lease term of at least one year, the landlord shall 37 provide at least thirty days' notice. 38 (b) If the tenant has occupied the unit for more than one year but 39 less than two years, or has a lease term of at least one year but less 40 than two years, the landlord shall provide at least sixty days' notice. 41 (c) If the tenant has occupied the unit for more than two years or has 42 a lease term of at least two years, the landlord shall provide at least 43 ninety days' notice. 44 § 4. The real property law is amended by adding a new section 227-e to 45 read as follows: 46 § 227-e. Landlord duty to mitigate damages. In any lease or rental 47 agreement, excluding any real estate purchase contract defined in para- 48 graphs (a), (c) and (d) of subdivision four of section four hundred 49 sixty-one of this chapter, covering premises occupied for dwelling 50 purposes, if a tenant vacates a premises in violation of the terms of 51 the lease, the landlord shall, in good faith and according to the land- 52 lord's resources and abilities, take reasonable and customary actions to 53 rent the premises at fair market value or at the rate agreed to during 54 the term of the tenancy, whichever is lower. If the landlord rents the 55 premises at fair market value or at the rate agreed to during the term 56 of the tenancy, the new tenant's lease shall, once in effect, terminateS. 6458 45 A. 8281 1 the previous tenant's lease and mitigate damages otherwise recoverable 2 against the previous tenant because of such tenant's vacating the prem- 3 ises. The burden of proof shall be on the party seeking to recover 4 damages. Any provision in a lease that exempts a landlord's duty to 5 mitigate damages under this section shall be void as contrary to public 6 policy. 7 § 5. The real property law is amended by adding a new section 227-f to 8 read as follows: 9 § 227-f. Denial on the basis of involvement in prior disputes prohib- 10 ited. 1. No landlord of a residential premises shall refuse to rent or 11 offer a lease to a potential tenant on the basis that the potential 12 tenant was involved in a past or pending landlord-tenant action or 13 summary proceeding under article seven of the real property actions and 14 proceedings law. There shall be a rebuttable presumption that a person 15 is in violation of this section if it is established that the person 16 requested information from a tenant screening bureau relating to a 17 potential tenant or otherwise inspected court records relating to a 18 potential tenant and the person subsequently refuses to rent or offer a 19 lease to the potential tenant. 20 2. Whenever the attorney general shall believe from evidence satisfac- 21 tory to him or her that any person, firm, corporation or association or 22 agent or employee thereof has violated subdivision one of this section, 23 he or she may bring an action or special proceeding in the supreme court 24 for a judgment enjoining the continuance of such violation and for a 25 civil penalty of not less than five hundred dollars, but not more than 26 one thousand dollars for each violation. 27 § 6. Section 232-a of the real property law, as amended by chapter 312 28 of the laws of 1962, is amended to read as follows: 29 § 232-a. Notice to terminate monthly tenancy or tenancy from month to 30 month in the city of New York. No monthly tenant, or tenant from month 31 to month, shall hereafter be removed from any lands or buildings in the 32 city of New York on the grounds of holding over [his] the tenant's term 33 unless [at least thirty days before the expiration of the term] pursuant 34 to the notice period required by subdivision two of section two hundred 35 twenty-six-c of this article, the landlord or [his] the landlord's agent 36 serve upon the tenant, in the same manner in which a notice of petition 37 in summary proceedings is now allowed to be served by law, a notice in 38 writing to the effect that the landlord elects to terminate the tenancy 39 and that unless the tenant removes from such premises on the day [on40which his term expires] designated in the notice, the landlord will 41 commence summary proceedings under the statute to remove such tenant 42 therefrom. 43 § 7. Section 232-b of the real property law, as added by chapter 813 44 of the laws of 1942, is amended to read as follows: 45 § 232-b. Notification to terminate monthly tenancy or tenancy from 46 month to month outside the city of New York. A monthly tenancy or tenan- 47 cy from month to month of any lands or buildings located outside of the 48 city of New York may be terminated by the [landlord or the] tenant upon 49 [his] the tenant's notifying the [other] landlord at least one month 50 before the expiration of the term of [his] the tenant's election to 51 terminate; provided, however, that no notification shall be necessary to 52 terminate a tenancy for a definite term. 53 § 8. Section 234 of the real property law, as amended by chapter 297 54 of the laws of 1969, is amended to read as follows: 55 § 234. [Tenants' right] Right to recover attorneys' fees in actions or 56 summary proceedings arising out of leases of residential property.S. 6458 46 A. 8281 1 Whenever a lease of residential property shall provide that in any 2 action or summary proceeding the landlord may recover attorneys' fees 3 and/or expenses incurred as the result of the failure of the tenant to 4 perform any covenant or agreement contained in such lease, or that 5 amounts paid by the landlord therefor shall be paid by the tenant as 6 additional rent, there shall be implied in such lease a covenant by the 7 landlord to pay to the tenant the reasonable attorneys' fees and/or 8 expenses incurred by the tenant as the result of the failure of the 9 landlord to perform any covenant or agreement on its part to be 10 performed under the lease or in the successful defense of any action or 11 summary proceeding commenced by the landlord against the tenant arising 12 out of the lease, and an agreement that such fees and expenses may be 13 recovered as provided by law in an action commenced against the landlord 14 or by way of counterclaim in any action or summary proceeding commenced 15 by the landlord against the tenant. A landlord may not recover attor- 16 neys' fees upon a default judgment. Any waiver of this section shall be 17 void as against public policy. 18 § 9. Section 235-e of the real property law, as amended by chapter 19 848 of the laws of 1986, is amended to read as follows: 20 § 235-e. Duty [of landlord] to provide a written receipt. (a) Upon the 21 receipt of the payment of rent for residential premises in the form of 22 cash, or any instrument other than the personal check of the [tenant] 23 lessee, it shall be the duty of the [landlord] lessor, or any agent of 24 the lessor authorized to receive rent, to provide the [payor] lessee 25 with a written receipt containing the following: 26 1. The date; 27 2. The amount; 28 3. The identity of the premises and period for which paid; and 29 4. The signature and title of the person receiving the rent. 30 (b) [Where a tenant] A lessee may request, in writing, [requests] that 31 a [landlord] lessor provide a receipt for rent paid by personal check[,32it shall be the duty of]. If such request is made, the [landlord to] 33 lessor, or any agent of the lessor authorized to receive rent, shall 34 provide the [payor] lessee with the receipt described in subdivision (a) 35 of this section [for each such request made in writing]. Such request 36 shall, unless otherwise specified by the lessee, remain in effect for 37 the duration of such lessee's tenancy. The lessor shall maintain a 38 record of all cash receipts for rent for at least three years. 39 (c) If a payment of rent is personally transmitted to a lessor, or an 40 agent of a lessor authorized to receive rent, the receipt for such 41 payment shall be issued immediately to a lessee. If a payment of rent is 42 transmitted indirectly to a lessor, or an agent of a lessor authorized 43 to receive rent, a lessee shall be provided with a receipt within 44 fifteen days of such lessor or agent's receipt of a rent payment. 45 (d) If a lessor, or an agent of a lessor authorized to receive rent, 46 fails to receive payment for rent within five days of the date specified 47 in a lease agreement, such lessor or agent shall send the lessee, by 48 certified mail, a written notice stating the failure to receive such 49 rent payment. The failure of a lessor, or any agent of the lessor 50 authorized to receive rent, to provide a lessee with a written notice of 51 the non-payment of rent may be used as an affirmative defense by such 52 lessee in an eviction proceeding based on the non-payment of rent. 53 § 10. The real property law is amended by adding a new section 238-a 54 to read as follows: 55 § 238-a. Limitation on fees. In relation to a residential dwelling 56 unit:S. 6458 47 A. 8281 1 1. (a) Except in instances where statutes or regulations provide for a 2 payment, fee or charge, no landlord, lessor, sub-lessor or grantor may 3 demand any payment, fee, or charge for the processing, review or accept- 4 ance of an application, or demand any other payment, fee or charge 5 before or at the beginning of the tenancy, except background checks and 6 credit checks as provided by paragraph (b) of this subdivision, provided 7 that this subdivision shall not apply to entrance fees charged by 8 continuing care retirement communities licensed pursuant to article 9 forty-six or forty-six-A of the public health law, assisted living 10 providers licensed pursuant to article forty-six-B of the public health 11 law, adult care facilities licensed pursuant to article seven of the 12 social services law, senior residential communities that have submitted 13 an offering plan to the attorney general, or not-for-profit independent 14 retirement communities that offer personal emergency response, house- 15 keeping, transportation and meals to their residents. 16 (b) A landlord, lessor, sub-lessor or grantor may charge a fee or fees 17 to reimburse costs associated with conducting a background check and 18 credit check, provided the cumulative fee or fees for such checks is no 19 more than the actual cost of the background check and credit check or 20 twenty dollars, whichever is less, and the landlord, lessor, sub-lessor 21 or grantor shall waive the fee or fees if the potential tenant provides 22 a copy of a background check or credit check conducted within the past 23 thirty days. The landlord, lessor, sub-lessor or grantor may not collect 24 the fee or fees unless the landlord, lessor, sub-lessor or grantor 25 provides the potential tenant with a copy of the background check or 26 credit check and the receipt or invoice from the entity conducting the 27 background check or credit check. 28 2. No landlord, lessor, sub-lessor or grantor may demand any payment, 29 fee, or charge for the late payment of rent unless the payment of rent 30 has not been made within five days of the date it was due, and such 31 payment, fee, or charge shall not exceed fifty dollars or five percent 32 of the monthly rent, whichever is less. 33 3. Any provision of a lease or contract waiving or limiting the 34 provisions of this section shall be void as against public policy. 35 § 11. The real property actions and proceedings law is amended by 36 adding a new section 702 to read as follows: 37 § 702. Rent in a residential dwelling. In a proceeding relating to a 38 residential dwelling or housing accommodation, the term "rent" shall 39 mean the monthly or weekly amount charged in consideration for the use 40 and occupation of a dwelling pursuant to a written or oral rental agree- 41 ment. No fees, charges or penalties other than rent may be sought in a 42 summary proceeding pursuant to this article, notwithstanding any 43 language to the contrary in any lease or rental agreement. 44 § 12. The opening paragraph and subdivision 2 of section 711 of the 45 real property actions and proceedings law, the opening paragraph as 46 amended by chapter 739 of the laws of 1982 and subdivision 2 as added by 47 chapter 312 of the laws of 1962, are amended to read as follows: 48 A tenant shall include an occupant of one or more rooms in a rooming 49 house or a resident, not including a transient occupant, of one or more 50 rooms in a hotel who has been in possession for thirty consecutive days 51 or longer[; he]. No tenant or lawful occupant of a dwelling or housing 52 accommodation shall [not] be removed from possession except in a special 53 proceeding. A special proceeding may be maintained under this article 54 upon the following grounds: 55 2. The tenant has defaulted in the payment of rent, pursuant to the 56 agreement under which the premises are held, and a written demand of theS. 6458 48 A. 8281 1 rent has been made[, or] with at least [three] fourteen days' notice [in2writing] requiring, in the alternative, the payment of the rent, or the 3 possession of the premises, has been served upon him as prescribed in 4 section [735. The landlord may waive his right to proceed upon this5ground only by an express consent in writing to permit the tenant to6continue in possession, which consent shall be revocable at will, in7which event the landlord shall be deemed to have waived his right to8summary dispossess for nonpayment of rent accruing during the time said9consent remains unrevoked] seven hundred thirty-five of this article. 10 Any person succeeding to the landlord's interest in the premises may 11 proceed under this subdivision for rent due his predecessor in interest 12 if he has a right thereto. Where a tenant dies during the term of the 13 lease and rent due has not been paid and [no representative or person14has taken possession of the premises and no administrator or executor15has been appointed, the proceeding may be commenced after three months16from the date of death of the tenant by joining the surviving spouse or17if there is none, then one of the surviving issue or if there is none,18then any one of the distributees] the apartment is occupied by a person 19 with a claim to possession, a proceeding may be commenced naming the 20 occupants of the apartment seeking a possessory judgment only as against 21 the estate. Entry of such a judgment shall be without prejudice to the 22 possessory claims of the occupants, and any warrant issued shall not be 23 effective as against the occupants. 24 § 13. Section 731 of the real property actions and proceedings law is 25 amended by adding a new subdivision 4 to read as follows: 26 4. In an action premised on a tenant defaulting in the payment of 27 rent, payment to the landlord of the full amount of rent due, when such 28 payment is made at any time prior to the hearing on the petition, shall 29 be accepted by the landlord and renders moot the grounds on which the 30 special proceeding was commenced. 31 § 14. Subdivisions 1, 2, and 3 of section 732 of the real property 32 actions and proceedings law, as added by chapter 910 of the laws of 33 1965, are amended to read as follows: 34 1. The notice of petition shall be returnable before the clerk, and 35 shall be made returnable within [five] ten days after its service. 36 2. If the respondent answers, the clerk shall fix a date for trial or 37 hearing not less than three nor more than eight days after joinder of 38 issue, and shall immediately notify by mail the parties or their attor- 39 neys of such date. If the determination be for the petitioner, the issu- 40 ance of a warrant shall not be stayed for more than five days from such 41 determination, except as provided in section seven hundred fifty-three 42 of this article. 43 3. If the respondent fails to answer within [five] ten days from the 44 date of service, as shown by the affidavit or certificate of service of 45 the notice of petition and petition, the judge shall render judgment in 46 favor of the petitioner and may stay the issuance of the warrant for a 47 period of not to exceed ten days from the date of service, except as 48 provided in section seven hundred fifty-three of this article. 49 § 15. Subdivision 1 of section 733 of the real property actions and 50 proceedings law, as amended by chapter 910 of the laws of 1965, is 51 amended to read as follows: 52 1. Except as provided in section [732] seven hundred thirty-two of 53 this article, relating to a proceeding for non-payment of rent, the 54 notice of petition and petition shall be served at least [five] ten and 55 not more than [twelve] seventeen days before the time at which the peti- 56 tion is noticed to be heard.S. 6458 49 A. 8281 1 § 16. Section 743 of the real property actions and proceedings law, as 2 amended by chapter 644 of the laws of 2003, is amended to read as 3 follows: 4 § 743. Answer. Except as provided in section [732] seven hundred thir- 5 ty-two of this article, relating to a proceeding for non-payment of 6 rent, at the time when the petition is to be heard the respondent, or 7 any person in possession or claiming possession of the premises, may 8 answer, orally or in writing. If the answer is oral the substance there- 9 of shall be recorded by the clerk or, if a particular court has no 10 clerk, by the presiding judge or justice of such court, and maintained 11 in the case record. [If the notice of petition was served at least eight12days before the time at which it was noticed to be heard and it so13demands, the answer shall be made at least three days before the time14the petition is noticed to be heard and, if in writing, it shall be15served within such time; whereupon any reply shall be served at least16one day before such time.] The answer may contain any legal or equitable 17 defense, or counterclaim. The court may render affirmative judgment for 18 the amount found due on the counterclaim. 19 § 17. Subdivisions 1 and 2 of section 745 of the real property actions 20 and proceedings law, as amended by chapter 403 of the laws of 1983, 21 subdivision 2 as amended by chapter 116 of the laws of 1997, subpara- 22 graph (i) of paragraph (b) as amended by chapter 601 of the laws of 23 2007, are amended to read as follows: 24 1. Where triable issues of fact are raised, they shall be tried by the 25 court unless, at the time the petition is noticed to be heard, a party 26 demands a trial by jury, in which case trial shall be by jury. At the 27 time when issue is joined the court, [in its discretion] at the request 28 of either party [and upon proof to its satisfaction by affidavit or29orally that an adjournment is necessary to enable the applicant to30procure his necessary witnesses, or by consent of all the parties who31appear, may] shall adjourn the trial of the issue, [but] not [more] less 32 than [ten] fourteen days, except by consent of all parties. A party's 33 second or subsequent request for adjournment shall be granted in the 34 court's sole discretion. 35 2. In the city of New York: 36 (a) In a summary proceeding upon the second of two adjournments grant- 37 ed solely at the request of the respondent, or, upon the [thirtieth] 38 sixtieth day after the first appearance of the parties in court less any 39 days that the proceeding has been adjourned upon the request of the 40 petitioner, counting only days attributable to adjournment requests made 41 solely at the request of the respondent and not counting an initial 42 adjournment requested by a respondent unrepresented by counsel for the 43 purpose of securing counsel, whichever occurs sooner, the court [shall] 44 may, upon consideration of the equities, direct that the respondent, 45 upon [an application] a motion on notice made by the petitioner, deposit 46 with the court [within five days] sums of rent or use and occupancy 47 [accrued from the date the petition and notice of petition are served48upon the respondent, and all sums as they become due for rent and use49and occupancy] that shall accrue subsequent to the date of the court's 50 order, which may be established without the use of expert testimony[,51unless]. The court shall not order deposit or payment of use and occu- 52 pancy where the respondent can establish[, at an immediate hearing], to 53 the satisfaction of the court that respondent has properly interposed 54 one of the following defenses or established the following grounds: 55 (i) the petitioner is not a proper party to the proceeding pursuant to 56 section seven hundred twenty-one of this article; orS. 6458 50 A. 8281 1 (ii) (A) actual eviction, or (B) actual partial eviction, or (C) 2 constructive eviction; and respondent has quit the premises; or 3 (iii) a defense pursuant to section one hundred forty-three-b of the 4 social services law; or 5 (iv) a defense based upon the existence of hazardous or immediately 6 hazardous violations of the housing maintenance code in the subject 7 apartment or common areas; or 8 (v) a colorable defense of rent overcharge; or 9 (vi) a defense that the unit is in violation of the building's certif- 10 icate of occupancy or is otherwise illegal under the multiple dwelling 11 law or the New York city housing maintenance code; or 12 (vii) the court lacks personal jurisdiction over the respondent. 13 [When the rental unit that is the subject of the petition is located14in a building containing twelve or fewer units, the court shall inquire15of the respondent as to whether there is any undisputed amount of the16rent or use and occupancy due to the petitioner. Any such undisputed17amount shall be paid directly to the petitioner, and any disputed amount18shall be deposited to the court by the respondent as provided in this19subdivision.] 20 Two adjournments shall not include an adjournment requested by a 21 respondent unrepresented by counsel for the purpose of securing counsel 22 made on a return date of the proceeding. Such rent or use and occupancy 23 sums shall be deposited with the clerk of the court or paid to such 24 other person or entity, including the petitioner or an agent designated 25 by the division of housing and community renewal, as the court shall 26 direct or shall be expended for such emergency repairs as the court 27 shall approve. 28 (b) In establishing the monthly amount to be deposited, the court 29 shall not exceed the amount of the regulated rent for the unit under any 30 state, local or federal regulatory scheme, or the amount of the tenant's 31 rent share under a state, local or federal subsidy program, or the 32 amount of the tenant's share under an expired subsidy, unless the tenant 33 has entered into an enforceable new agreement to pay the full lease 34 rent. 35 (c) (i) The court shall not require the respondent to deposit the 36 portion of rent or use and occupancy, if any, which is payable by direct 37 government housing subsidy, any currently effective senior citizen 38 increase exemption authorized pursuant to sections four hundred sixty- 39 seven-b and four hundred sixty-seven-c of the real property tax law, 40 direct payment of rent or a two-party check issued by a social services 41 district or the office of temporary and disability assistance, or rental 42 assistance that is payable pursuant to court orders issued in litigation 43 commenced in nineteen hundred eighty-seven in a proceeding in which the 44 amount of shelter allowance is at issue on behalf of recipients of fami- 45 ly assistance. In the event the respondent or other adult member of the 46 respondent's household receives public assistance pursuant to title 47 three or title ten of article five of the social services law, the 48 respondent shall, when directed by the court to deposit rent and use or 49 occupancy, only be required to deposit with the court the amount of the 50 shelter allowance portion of the public assistance grant issued by the 51 office of temporary and disability assistance or a social services 52 district. In the event the respondent receives a fixed income, including 53 but not limited to, social security income, supplemental security income 54 pursuant to title sixteen of the federal social security act and title 55 six of article five of the social services law, or pension income, the 56 respondent shall [only] not be required to deposit [one-third] more thanS. 6458 51 A. 8281 1 thirty percent of the monthly [supplemental security income payment] 2 payments. 3 (ii) Any sum required to be deposited with the court pursuant to this 4 subdivision shall be offset by payment, if any, made by the respondent 5 pursuant to section two hundred thirty-five-a of the real property law 6 or section three hundred two-c of the multiple dwelling law. 7 [(c) (i) If the respondent shall fail to comply with the court's8directions with respect to direct payment to the petitioner or making a9deposit as directed by the court of the full amount of the rent or use10and occupancy required to be deposited, the court upon an application by11the petitioner shall dismiss without prejudice the defenses and counter-12claims interposed by the respondent and grant judgment for petitioner13unless respondent has interposed the defense of payment and shows that14the amount required to be deposited has previously been paid to the15petitioner.16(ii)] (d) (i) In the event that the respondent [makes a deposit17required by this subdivision but] fails to deposit with the court or 18 pay, as the case may be, upon the due date, all rent or use and occupan- 19 cy which may become due [up to the time of the entry of judgment] subse- 20 quent to the issuance of the court's deposit order, the court upon an 21 application of the petitioner [shall] may order an immediate trial of 22 the issues raised in the respondent's answer. An "immediate trial" shall 23 mean that no further adjournments of the proceeding [without petitioner24consent] upon respondent's sole request shall be granted, the case shall 25 be assigned by the administrative judge to a trial ready part and such 26 trial shall commence as soon as practicable and continue day to day 27 until completed. [There shall be no stay granted of such trial without28an order to respondent to pay rent or use and occupancy due pursuant to29this subdivision and rent or use and occupancy as it becomes due.30(iii)] (ii) The court [shall not] may extend any time provided for 31 such deposit under this subdivision [without the consent of the peti-32tioner] for good cause shown. 33 [(iv)] (iii) Upon the entry of the final judgment in the proceeding 34 such deposits shall be credited against any judgment amount awarded and, 35 without further order of the court, be paid in accordance with the judg- 36 ment. 37 [(v) The provisions of this paragraph requiring the deposit of rent or38use and occupancy as it becomes due shall not be waived by the court.39(d)] (e) The court may dismiss any summary proceeding without preju- 40 dice and with costs to the respondent by reason of excessive adjourn- 41 ments requested by the petitioner. 42 [(e) The provisions of this subdivision shall not be construed as to43deprive a respondent of a trial of any defenses or counterclaims in a44separate action if such defenses or counterclaims are dismissed without45prejudice.] 46 (f) Under no circumstances shall the respondent's failure or inability 47 to pay use and occupancy as ordered by the court constitute a basis to 48 dismiss any of the respondent's defenses or counterclaims, with or with- 49 out prejudice to their assertion in another forum. 50 § 18. Section 747-a of the real property actions and proceedings law 51 is REPEALED. 52 § 19. Section 749 of the real property actions and proceedings law, as 53 added by chapter 312 of the laws of 1962, subdivision 2 as amended by 54 chapter 205 of the laws of 2018 and subdivision 3 as amended by chapter 55 192 of the laws of 1975, is amended to read as follows:S. 6458 52 A. 8281 1 § 749. Warrant. 1. Upon rendering a final judgment for petitioner, the 2 court shall issue a warrant directed to the sheriff of the county or to 3 any constable or marshal of the city in which the property, or a portion 4 thereof, is situated, or, if it is not situated in a city, to any const- 5 able of any town in the county, describing the property, stating the 6 earliest date upon which execution may occur pursuant to the order of 7 the court, and commanding the officer to remove all persons[, and,8except where the case is within section 715, to put the petitioner into9full possession] named in the proceeding, provided upon a showing of 10 good cause, the court may issue a stay of re-letting or renovation of 11 the premises for a reasonable period of time. 12 2. (a) The officer to whom the warrant is directed and delivered shall 13 give at least [seventy-two hours] fourteen days' notice, [excluding any14period which occurs on a Saturday, Sunday or a public holiday,] in writ- 15 ing and in the manner prescribed in this article for the service of a 16 notice of petition, to the person or persons to be evicted or dispos- 17 sessed and shall execute the warrant on a business day between the hours 18 of sunrise and sunset. 19 (b) Such officer shall check such property for the presence of a 20 companion animal prior to executing such warrant and coordinate with 21 such person or persons to be evicted or dispossessed to provide for the 22 safe and proper care of such companion animal or animals. If such 23 persons to be evicted or dispossessed cannot be found after reasonable 24 efforts are made to coordinate with such persons, or if such person is 25 found and declines to take possession of such animal or animals, such 26 officer shall promptly coordinate with the duly incorporated humane 27 society, duly incorporated society for the prevention of cruelty to 28 animals or pound maintained by or under contract or agreement with the 29 municipality in which the animal was found for the safe removal of such 30 companion animal or animals. Such officer shall make reasonable efforts 31 to provide notice to the person or persons to be evicted regarding the 32 location of such companion animal or animals. Disposition of such 33 companion animal or animals shall be in accordance with the provisions 34 of sections one hundred seventeen and three hundred seventy-four of the 35 agriculture and markets law, and all other laws, rules and regulations 36 that govern the humane treatment of animals. "Companion animal," as used 37 in this paragraph, shall have the same meaning as provided in subdivi- 38 sion five of section three hundred fifty of the agriculture and markets 39 law. 40 3. [The issuing of a warrant for the removal of a tenant cancels the41agreement under which the person removed held the premises, and annuls42the relation of landlord and tenant, but nothing] Nothing contained 43 herein shall deprive the court of the power to stay or vacate such 44 warrant for good cause shown prior to the execution thereof, or to 45 restore the tenant to possession subsequent to execution of the warrant. 46 In a judgment for non-payment of rent, the court shall vacate a warrant 47 upon tender or deposit with the court of the full rent due at any time 48 prior to its execution, unless the petitioner establishes that the 49 tenant withheld the rent due in bad faith. Petitioner may recover by 50 action any sum of money which was payable at the time when the special 51 proceeding was commenced and the reasonable value of the use and occupa- 52 tion to the time when the warrant was issued, for any period of time 53 with respect to which the agreement does not make any provision for 54 payment of rent. 55 § 20. Subdivision 4 of section 751 of the real property actions and 56 proceedings law is REPEALED.S. 6458 53 A. 8281 1 § 21. Section 753 of the real property actions and proceedings law, as 2 added by chapter 312 of the laws of 1962, the section heading as 3 amended, subdivision 4 as added and subdivision 5 as renumbered by chap- 4 ter 870 of the laws of 1982 and subdivision 1 as amended by chapter 305 5 of the laws of 1963, is amended to read as follows: 6 § 753. Stay [where tenant holds over] in premises occupied for dwell- 7 ing purposes [in city of New York]. 1. In a proceeding to recover the 8 possession of premises [in the city of New York] occupied for dwelling 9 purposes, other than a room or rooms in an hotel, lodging house, or 10 rooming house, [upon the ground that the occupant is holding over and11continuing in possession of the premises after the expiration of his12term and without the permission of the landlord, or, in a case where a13new lessee is entitled to possession, without the permission of the new14lessee,] the court, on application of the occupant, may stay the issu- 15 ance of a warrant and also stay any execution to collect the costs of 16 the proceeding for a period of not more than [six months] one year, if 17 it appears that the premises are used for dwelling purposes; that the 18 application is made in good faith; that the applicant cannot within the 19 neighborhood secure suitable premises similar to those occupied by [him] 20 the applicant and that [he] the applicant made due and reasonable 21 efforts to secure such other premises, or that by reason of other facts 22 it would occasion extreme hardship to [him or his] the applicant or the 23 applicant's family if the stay were not granted. In determining whether 24 refusal to grant a stay would occasion extreme hardship, the court shall 25 consider serious ill health, significant exacerbation of an ongoing 26 condition, a child's enrollment in a local school, and any other exten- 27 uating life circumstances affecting the ability of the applicant or the 28 applicant's family to relocate and maintain quality of life. The court 29 shall consider any substantial hardship the stay may impose on the land- 30 lord in determining whether to grant the stay or in setting the length 31 or other terms of the stay. In an application brought outside a city of 32 one million or more, the term "neighborhood" shall be construed to mean 33 (i) the same town, village or city where the applicant now resides, or 34 (ii) if the applicant has school aged children residing with him or her, 35 "neighborhood" shall mean the school district where such children attend 36 or are eligible to attend. 37 2. Such stay shall be granted and continue effective only upon the 38 condition that the person against whom the judgment is entered shall 39 make a deposit in court of the entire amount, or such installments ther- 40 eof from time to time as the court may direct, for the occupation of the 41 premises for the period of the stay, at the rate for which [he] the 42 applicant was liable as rent for the month immediately prior to the 43 expiration of [his] the applicant's term or [tenency] tenancy, plus such 44 additional amount, if any, as the court may determine to be the differ- 45 ence between such rent and the reasonable rent or value of the use and 46 occupation of the premises; such deposit [shall] may also include all 47 rent unpaid by the occupant prior to the period of the stay. The amount 48 of such deposit shall be determined by the court upon the application 49 for the stay and such determination shall be final and conclusive in 50 respect to the amount of such deposit, and the amount thereof shall be 51 paid into court, in such manner and in such installments, if any, as the 52 court may direct. A separate account shall be kept of the amount to the 53 credit of each proceeding, and all such payments shall be deposited in a 54 bank or trust company and shall be subject to the check of the clerk of 55 the court, if there be one, or otherwise of the court. The clerk of the 56 court, if there be one, and otherwise the court shall pay to the land-S. 6458 54 A. 8281 1 lord or [his] the landlord's duly authorized agent, the amount of such 2 deposit in accordance with the terms of the stay or the further order of 3 the court. 4 3. The provisions of this section shall not apply to a proceeding 5 [where the petitioner shows to the satisfaction of the court that he6desires in good faith to recover the premises for the purpose of demol-7ishing same with the intention of constructing a new building, plans for8which new building shall have been duly filed and approved by the proper9authority; nor shall it apply to a proceeding] to recover possession 10 upon the ground that an occupant is holding over and is objectionable if 11 the landlord shall establish by competent evidence to the satisfaction 12 of the court that such occupant is objectionable. 13 4. In the event that such proceeding is based upon a claim that the 14 tenant or lessee has breached a provision of the lease, the court shall 15 grant a [ten] thirty day stay of issuance of the warrant, during which 16 time the respondent may correct such breach. 17 5. Any provision of a lease or other agreement whereby a lessee or 18 tenant waives any provision of this section shall be deemed against 19 public policy and void. 20 § 22. Section 756 of the real property actions and proceedings law, as 21 added by chapter 913 of the laws of 1965, is amended to read as follows: 22 § 756. Stay of summary proceedings or actions for rent under certain 23 conditions. In the event that utilities are discontinued in any part of 24 a [multiple] dwelling because of the failure of the landlord or other 25 person having control of said [multiple] dwelling to pay for utilities 26 for which he may have contracted, any proceeding to dispossess a tenant 27 from said building or an action against any tenant of said building for 28 rent shall be stayed until such time as the landlord or person having 29 control of said [multiple] dwelling pays the amount owing for said util- 30 ities and until such time as the utilities are restored to working 31 order. 32 § 23. The real property actions and proceedings law is amended by 33 adding a new section 757 to read as follows: 34 § 757. Eviction as the result of foreclosure. In the event that a 35 lessee is removed from real property pursuant to this article, and the 36 leased real property was the subject of a foreclosure proceeding pursu- 37 ant to this chapter or the subject of a tax foreclosure proceeding, the 38 court records relating to any such lessee shall be sealed and be deemed 39 confidential. No disclosure or use of such information relating to any 40 such lessee shall be authorized, and the use of such information shall 41 be prohibited. 42 § 24. The real property actions and proceedings law is amended by 43 adding a new section 768 to read as follows: 44 § 768. Unlawful eviction. 1. (a) It shall be unlawful for any person 45 to evict or attempt to evict an occupant of a dwelling unit who has 46 lawfully occupied the dwelling unit for thirty consecutive days or long- 47 er or who has entered into a lease with respect to such dwelling except 48 to the extent permitted by law pursuant to a warrant of eviction or 49 other order of a court of competent jurisdiction or a governmental 50 vacate order by: 51 (i) using or threatening the use of force to induce the occupant to 52 vacate the dwelling unit; or 53 (ii) engaging in a course of conduct which interferes with or is 54 intended to interfere with or disturb the comfort, repose, peace or 55 quiet of such occupant in the use or occupancy of the dwelling unit, toS. 6458 55 A. 8281 1 induce the occupant to vacate the dwelling unit including, but not 2 limited to, the interruption or discontinuance of essential services; or 3 (iii) engaging or threatening to engage in any other conduct which 4 prevents or is intended to prevent such occupant from the lawful occu- 5 pancy of such dwelling unit or to induce the occupant to vacate the 6 dwelling unit including, but not limited to, removing the occupant's 7 possessions from the dwelling unit, removing the door at the entrance to 8 the dwelling unit; removing, plugging or otherwise rendering the lock on 9 such entrance door inoperable, or changing the lock on such entrance 10 door without supplying the occupant with a key. 11 (b) It shall be unlawful for an owner of a dwelling unit to fail to 12 take all reasonable and necessary action to restore to occupancy an 13 occupant of a dwelling unit who either vacates, has been removed from or 14 is otherwise prevented from occupying a dwelling unit as the result of 15 any of the acts or omissions prescribed in paragraph (a) of this subdi- 16 vision and to provide to such occupant a dwelling unit within such 17 dwelling suitable for occupancy, after being requested to do so by such 18 occupant or the representative of such occupant, if such owner either 19 committed such unlawful acts or omissions or knew or had reason to know 20 of such unlawful acts or omissions, or if such acts or omissions 21 occurred within seven days prior to such request. 22 2. Criminal and civil penalties. (a) Any person who intentionally 23 violates or assists in the violation of any of the provisions of this 24 section shall be guilty of a class A misdemeanor. Each such violation 25 shall be a separate and distinct offense. 26 (b) Such person shall also be subject to a civil penalty of not less 27 than one thousand nor more than ten thousand dollars for each violation. 28 Each such violation shall be a separate and distinct offense. In the 29 case of a failure to take all reasonable and necessary action to restore 30 an occupant pursuant to paragraph (b) of subdivision one of this 31 section, such person shall be subject to an additional civil penalty of 32 not more than one hundred dollars per day from the date on which resto- 33 ration to occupancy is requested until the date on which restoration 34 occurs, provided, however, that such period shall not exceed six months. 35 § 25. The section heading and subdivision 1 of section 7-108 of the 36 general obligations law, as added by chapter 917 of the laws of 1984, 37 are amended and a new subdivision 1-a is added to read as follows: 38 [Liability of a grantee or assignee for deposits] Deposits made by 39 tenants [upon conveyance] of non-rent stabilized dwelling units. 1. This 40 section shall apply to all dwelling units [with written leases] in resi- 41 dential premises [containing six or more dwelling units and to all42dwelling units subject to the city rent and rehabilitation law or the43emergency housing rent control law], unless such dwelling unit is 44 specifically referred to in section 7-107 of this [chapter] title. 45 1-a. Except in dwelling units subject to the city rent and rehabili- 46 tation law or the emergency housing rent control law, continuing care 47 retirement communities licensed pursuant to article forty-six or forty- 48 six-A of the public health law, assisted living providers licensed 49 pursuant to article forty-six-B of the public health law, adult care 50 facilities licensed pursuant to article seven of the social services 51 law, senior residential communities that have submitted an offering plan 52 to the attorney general, or not-for-profit independent retirement commu- 53 nities that offer personal emergency response, housekeeping, transporta- 54 tion and meals to their residents: 55 (a) No deposit or advance shall exceed the amount of one month's rent 56 under such contract.S. 6458 56 A. 8281 1 (b) The entire amount of the deposit or advance shall be refundable to 2 the tenant upon the tenant's vacating of the premises except for an 3 amount lawfully retained for the reasonable and itemized costs due to 4 non-payment of rent, damage caused by the tenant beyond normal wear and 5 tear, non-payment of utility charges payable directly to the landlord 6 under the terms of the lease or tenancy, and moving and storage of the 7 tenant's belongings. The landlord may not retain any amount of the 8 deposit for costs relating to ordinary wear and tear of occupancy or 9 damage caused by a prior tenant. 10 (c) After initial lease signing but before the tenant begins occupan- 11 cy, the landlord shall offer the tenant the opportunity to inspect the 12 premises with the landlord or the landlord's agent to determine the 13 condition of the property. If the tenant requests such inspection, the 14 parties shall execute a written agreement before the tenant begins occu- 15 pancy of the unit attesting to the condition of the property and specif- 16 ically noting any existing defects or damages. Upon the tenant's vacat- 17 ing of the premises, the landlord may not retain any amount of the 18 deposit or advance due to any condition, defect, or damage noted in such 19 agreement. The agreement shall be admissible as evidence of the condi- 20 tion of the premises at the beginning of occupancy only in proceedings 21 related to the return or amount of the security deposit. 22 (d) Within a reasonable time after notification of either party's 23 intention to terminate the tenancy, unless the tenant terminates the 24 tenancy with less than two weeks' notice, the landlord shall notify the 25 tenant in writing of the tenant's right to request an inspection before 26 vacating the premises and of the tenant's right to be present at the 27 inspection. If the tenant requests such an inspection, the inspection 28 shall be made no earlier than two weeks and no later than one week 29 before the end of the tenancy. The landlord shall provide at least 30 forty-eight hours written notice of the date and time of the inspection. 31 After the inspection, the landlord shall provide the tenant with an 32 itemized statement specifying repairs or cleaning that are proposed to 33 be the basis of any deductions from the tenant's deposit. The tenant 34 shall have the opportunity to cure any such condition before the end of 35 the tenancy. Any statement produced pursuant to this paragraph shall 36 only be admissible in proceedings related to the return or amount of the 37 security deposit. 38 (e) Within fourteen days after the tenant has vacated the premises, 39 the landlord shall provide the tenant with an itemized statement indi- 40 cating the basis for the amount of the deposit retained, if any, and 41 shall return any remaining portion of the deposit to the tenant. If a 42 landlord fails to provide the tenant with the statement and deposit 43 within fourteen days, the landlord shall forfeit any right to retain any 44 portion of the deposit. 45 (f) In any action or proceeding disputing the amount of any amount of 46 the deposit retained, the landlord shall bear the burden of proof as to 47 the reasonableness of the amount retained. 48 (g) Any person who violates the provisions of this subdivision shall 49 be liable for actual damages, provided a person found to have willfully 50 violated this subdivision shall be liable for punitive damages of up to 51 twice the amount of the deposit or advance. 52 § 26. Subdivision 1 of section 212 of the judiciary law is amended by 53 adding a new paragraph (x) to read as follows: 54 (x) Not permit the unified court system to sell any data regarding 55 judicial proceedings related to residential tenancy, rent or eviction to 56 any third party. Such prohibition includes data collected, stored orS. 6458 57 A. 8281 1 utilized by any third-party vendors who have contracts with the unified 2 court system. 3 § 27. 1. (a) There is hereby created a temporary commission to be 4 known as the "New York state temporary commission on housing security 5 and tenant protection," which shall be charged with studying the impacts 6 of the statewide housing security and tenant protection act of 2019 on 7 tenants, landlords, and the court system, and recommending the implemen- 8 tation of legislation, regulations and rules to further improve tenant 9 protections in New York. 10 (b) The commission shall consist of ten members: (i) the commissioner 11 of housing and community renewal shall serve ex officio; (ii) three 12 members shall be appointed by the governor, one of whom shall be an 13 attorney with significant housing court experience employed by a not- 14 for-profit legal services firm, one of whom shall be a landlord, and one 15 of whom shall be a retired judge or justice of the unified court system 16 with significant experience in housing court; (iii) two members shall be 17 appointed by the temporary president of the senate; (iv) one member 18 shall be appointed by the minority leader of the senate; (v) two members 19 shall be appointed by the speaker of the assembly; and (vi) one member 20 shall be appointed by the minority leader of the assembly. The commis- 21 sioner of housing and community renewal shall serve as the chair of the 22 commission. Vacancies in the commission shall be filled in the same 23 manner as the members whose vacancy is being filled was appointed. 24 (c) The members of the commission shall receive no compensation for 25 their services as members, but shall be allowed their actual and neces- 26 sary expenses incurred in the performance of their duties. No member of 27 the commission shall be disqualified from holding any other public 28 office or employment, nor shall he or she forfeit any such office or 29 employment by reason of his or her appointment pursuant to this section, 30 notwithstanding the provisions of any general, special or local law, 31 regulation, ordinance or city charter. 32 2. To the maximum extent feasible, the commission shall be entitled to 33 request and receive and shall utilize and be provided with such facili- 34 ties, resources and data of any department, division, board, bureau, 35 committee, agency or public authority of the state or any political 36 subdivision thereof as it may reasonably request to properly carry out 37 its powers and duties pursuant to this act. 38 3. On or before December 31, 2022, the commission shall transmit to 39 the governor, the legislature, and the chief administrator of the courts 40 a report containing its findings and recommendations. The commissioner 41 of housing and community renewal shall post the report on its website. 42 Upon the making of its report, the commission shall be deemed dissolved. 43 § 28. Severability. If any provision of this act, or any application 44 of any provision of this act, is held to be invalid, that shall not 45 affect the validity or effectiveness of any other provision of this act, 46 or of any other application of any provision of this act, which can be 47 given effect without that provision or application; and to that end, the 48 provisions and applications of this act are severable. 49 § 29. This act shall take effect immediately and shall apply to 50 actions and proceedings commenced on or after such effective date; 51 provided, however, that sections three, six and seven shall take effect 52 on the one hundred twentieth day after this act shall have become a law; 53 provided, further, that section twenty-five of this act shall take 54 effect on the thirtieth day after this act shall have become a law and 55 shall apply to any lease or rental agreement or renewal of a lease or 56 rental agreement entered into on or after such date; and, provided,S. 6458 58 A. 8281 1 further, section five of this act shall take effect on the thirtieth day 2 after this act shall have become a law. 3 PART N 4 Section 1. Section 352-eeee of the general business law, as added by 5 chapter 555 of the laws of 1982, subdivision 3 as amended by chapter 685 6 of the laws of 1988, is amended to read as follows: 7 § 352-eeee. Conversions to cooperative or condominium ownership in the 8 city of New York. 1. As used in this section, the following words and 9 terms shall have the following meanings: 10 (a) "Plan". Every offering statement or prospectus submitted to the 11 department of law pursuant to section three hundred fifty-two-e of this 12 article for the conversion of a building or group of buildings or devel- 13 opment from residential rental status to cooperative or condominium 14 ownership or other form of cooperative interest in realty, other than an 15 offering statement or prospectus for such conversion pursuant to article 16 two, eight or eleven of the private housing finance law. 17 (b) "Non-eviction plan". A plan which may not be declared effective 18 until written purchase agreements have been executed and delivered for 19 at least [fifteen] fifty-one percent of all dwelling units in the build- 20 ing or group of buildings or development by bona fide tenants [in occu-21pancy or bona fide purchasers who represent that they intend that they22or one or more members of their immediate family intend to occupy the23unit when it becomes vacant. As to tenants] who were in occupancy on the 24 date a letter was issued by the attorney general accepting the plan for 25 filing[, the]. The purchase agreement shall be executed and delivered 26 pursuant to an offering made in good faith without fraud and discrimina- 27 tory repurchase agreements or other discriminatory inducements. 28 (c) "Eviction plan". A plan which, submitted prior to the effective 29 date of the chapter of the laws of two thousand nineteen that amended 30 this section, pursuant to the provisions of this section, can result in 31 the eviction of a non-purchasing tenant by reason of the tenant failing 32 to purchase pursuant thereto, and which may not be declared effective 33 until at least fifty-one percent of the bona fide tenants in occupancy 34 of all dwelling units in the building or group of buildings or develop- 35 ment on the date the offering statement or prospectus was accepted for 36 filing by the attorney general (excluding, for the purposes of determin- 37 ing the number of bona fide tenants in occupancy on such date, eligible 38 senior citizens and eligible disabled persons) shall have executed and 39 delivered written agreements to purchase under the plan pursuant to an 40 offering made in good faith without fraud and with no discriminatory 41 repurchase agreements or other discriminatory inducements. 42 (d) "Purchaser under the plan". A person who owns the shares allocated 43 to a dwelling unit or who owns such dwelling unit itself. 44 (e) "Non-purchasing tenant". A person who has not purchased under the 45 plan and who is a tenant entitled to possession at the time the plan is 46 declared effective or a person to whom a dwelling unit is rented subse- 47 quent to the effective date. A person who sublets a dwelling unit from 48 a purchaser under the plan shall not be deemed a non-purchasing tenant. 49 (f) "Eligible senior citizens". Non-purchasing tenants who are sixty- 50 two years of age or older on the date the plan is submitted to the 51 department of law or on the date the attorney general has accepted the 52 plan for filing, and the spouses of any such tenants on such date, and 53 who have elected, within sixty days of the date the plan is submitted to 54 the department of law or on the date the attorney general has acceptedS. 6458 59 A. 8281 1 the plan for filing, on forms promulgated by the attorney general and 2 presented to such tenants by the offeror, to become non-purchasing 3 tenants under the provisions of this section; provided that such 4 election shall not preclude any such tenant from subsequently purchasing 5 the dwelling unit on the terms then offered to tenants in occupancy. 6 (g) "Eligible disabled persons". Non-purchasing tenants who have an 7 impairment which results from anatomical, physiological or psychological 8 conditions, other than addiction to alcohol, gambling, or any controlled 9 substance, which are demonstrable by medically acceptable clinical and 10 laboratory diagnostic techniques, and which are expected to be permanent 11 and which prevent the tenant from engaging in any substantial gainful 12 employment on the date the plan is submitted to the department of law or 13 on the date the attorney general has accepted the plan for filing, and 14 the spouses of any such tenants on such date, and who have elected, 15 within sixty days of the date the plan is submitted to the department of 16 law or on the date the attorney general has accepted the plan for 17 filing, on forms promulgated by the attorney general and presented to 18 such tenants by the offeror, to become non-purchasing tenants under the 19 provisions of this section; provided, however, that if the disability 20 first occurs after acceptance of the plan for filing, then such election 21 may be made within sixty days following the onset of such disability 22 unless during the period subsequent to sixty days following the accept- 23 ance of the plan for filing but prior to such election, the offeror 24 accepts a written agreement to purchase the apartment from a bona fide 25 purchaser; and provided further that such election shall not preclude 26 any such tenant from subsequently purchasing the dwelling unit or the 27 shares allocated thereto on the terms then offered to tenants in occu- 28 pancy. 29 2. The attorney general shall refuse to issue a letter stating that 30 the offering statement or prospectus required in subdivision one of 31 section three hundred fifty-two-e of this [chapter] article has been 32 filed whenever it appears that the offering statement or prospectus 33 offers for sale residential cooperative apartments or condominium units 34 pursuant to a plan unless: 35 (a) The plan provides that it will be deemed abandoned, void and of no 36 effect if it does not become effective within fifteen months from the 37 date of issue of the letter of the attorney general stating that the 38 offering statement or prospectus has been accepted for filing and, in 39 the event of such abandonment, no new plan for the conversion of such 40 building or group of buildings or development shall be submitted to the 41 attorney general for at least twelve months after such abandonment. 42 (b) The plan provides either that it is an eviction plan or that it is 43 a non-eviction plan. 44 (c) The plan provides, if it is a non-eviction plan, as follows: 45 (i) The plan may not be declared effective until written purchase 46 agreements have been executed and delivered for at least [fifteen] 47 fifty-one percent of all dwelling units in the building or group of 48 buildings or development subscribed for by bona fide tenants in occupan- 49 cy [or bona fide purchasers who represent that they intend that they or50one or more members of their immediate family occupy the dwelling unit51when it becomes vacant. As to tenants who were in occupancy] on the date 52 a letter was issued by the attorney general accepting the plan for 53 filing[, the] for which purchase agreement shall be executed and deliv- 54 ered pursuant to an offering made without discriminatory repurchase 55 agreements or other discriminatory inducements.S. 6458 60 A. 8281 1 (ii) No eviction proceedings will be commenced at any time against 2 non-purchasing tenants for failure to purchase or any other reason 3 applicable to expiration of tenancy; provided that such proceedings may 4 be commenced for non-payment of rent, illegal use or occupancy of the 5 premises, refusal of reasonable access to the owner or a similar breach 6 by the non-purchasing tenant of his obligations to the owner of the 7 dwelling unit or the shares allocated thereto; and provided further that 8 an owner of a unit or of the shares allocated thereto may not commence 9 an action to recover possession of a dwelling unit from a non-purchasing 10 tenant on the grounds that he seeks the dwelling unit for the use and 11 occupancy of himself or his family. 12 (iii) No eviction proceedings will be commenced, except as hereinafter 13 provided, at any time against either eligible senior citizens or eligi- 14 ble disabled persons. The rentals of eligible senior citizens and eligi- 15 ble disabled persons who reside in dwelling units not subject to govern- 16 ment regulation as to rentals and continued occupancy and eligible 17 senior citizens and eligible disabled persons who reside in dwelling 18 units with respect to which government regulation as to rentals and 19 continued occupancy is eliminated or becomes inapplicable after the plan 20 has been accepted for filing shall not be subject to unconscionable 21 increases beyond ordinary rentals for comparable apartments during the 22 period of their occupancy considering, in determining comparability, 23 such factors as building services, level of maintenance and operating 24 expenses; provided that such proceedings may be commenced against such 25 tenants for non-payment of rent, illegal use or occupancy of the prem- 26 ises, refusal of reasonable access to the owner or a similar breach by 27 the tenant of his obligations to the owner of the dwelling unit or the 28 shares allocated thereto. 29 (iv) Eligible senior citizens and eligible disabled persons who reside 30 in dwelling units subject to government regulation as to rentals and 31 continued occupancy shall continue to be subject thereto. 32 (v) The rights granted under the plan to eligible senior citizens and 33 eligible disabled persons may not be abrogated or reduced notwithstand- 34 ing any expiration of, or amendment to, this section. 35 (vi) Any offeror who disputes the election by a person to be an eligi- 36 ble senior citizen or an eligible disabled person must apply to the 37 attorney general within thirty days of the receipt of the election forms 38 for a determination by the attorney general of such person's eligibil- 39 ity. The attorney general shall, within thirty days thereafter, issue 40 his determination of eligibility. The foregoing shall, in the absence of 41 fraud, be the sole method for determining a dispute as to whether a 42 person is an eligible senior citizen or an eligible disabled person. The 43 determination of the attorney general shall be reviewable only through a 44 proceeding under article seventy-eight of the civil practice law and 45 rules, which proceeding must be commenced within thirty days after such 46 determination by the attorney general becomes final. 47 (vii) Non-purchasing tenants who reside in dwelling units subject to 48 government regulation as to rentals and continued occupancy prior to the 49 conversion of the building or group of buildings or development to coop- 50 erative or [condominimum] condominium ownership shall continue to be 51 subject thereto. 52 [(iv)] (viii) The rentals of non-purchasing tenants who reside in 53 dwelling units not subject to government regulation as to rentals and 54 continued occupancy and non-purchasing tenants who reside in dwelling 55 units with respect to which government regulation as to rentals and 56 continued occupancy is eliminated or becomes inapplicable after the planS. 6458 61 A. 8281 1 has been accepted for filing by the attorney general shall not be 2 subject to unconscionable increases beyond ordinary rentals for compara- 3 ble apartments during the period of their occupancy. In determining 4 comparability, consideration shall be given to such factors as building 5 services, level of maintenance and operating expenses. 6 [(v)] (ix) The plan may not be amended at any time to provide that it 7 shall be an eviction plan. 8 [(vi)] (x) The rights granted under the plan to purchasers under the 9 plan and to non-purchasing tenants may not be abrogated or reduced 10 notwithstanding any expiration of, or amendment to, this section. 11 [(vii)] (xi) After the issuance of the letter from the attorney gener- 12 al stating that the offering statement or prospectus required in subdi- 13 vision one of section three hundred fifty-two-e of this article has been 14 [filed] accepted for filing, the offeror shall, on the thirtieth, sixti- 15 eth, eighty-eighth and ninetieth day after such date and at least once 16 every thirty days until the plan is declared effective or [is] aban- 17 doned, as the case may be, and on the second day before the expiration 18 of any exclusive purchase period provided in a substantial amendment to 19 the plan, (1) file with the attorney general a written statement, under 20 oath, setting forth the percentage of [the] bona fide tenants in occu- 21 pancy of all dwelling units in the building or group of buildings or 22 development [subscribed for by bona fide tenants in occupancy or bona23fide purchasers who represent that they intend that they or one or more24members of their immediate family occupy the dwelling unit when it25becomes vacant as of the date of such statement and] on the date the 26 offering statement or prospectus was accepted for filing by the attorney 27 general who have executed and delivered written agreements to purchase 28 under the plan as of the date of such statement, and (2) before noon on 29 the day such statement is filed post a copy of such statement in a prom- 30 inent place accessible to all tenants in each building covered by the 31 plan. 32 (xii) The tenants in occupancy on the date the attorney general 33 accepts the plan for filing shall have the exclusive right to purchase 34 their dwelling units or the shares allocated thereto for ninety days 35 after the plan is accepted for filing by the attorney general, during 36 which time a tenant's dwelling unit shall not be shown to a third party 37 unless he or she has, in writing, waived his or her right to purchase; 38 subsequent to the expiration of such ninety day period, a tenant in 39 occupancy of a dwelling unit who has not purchased shall be given the 40 exclusive right for an additional period of six months from said expira- 41 tion date to purchase said dwelling unit or the shares allocated thereto 42 on the same terms and conditions as are contained in an executed 43 contract to purchase said dwelling unit or shares entered into by a bona 44 fide purchaser, such exclusive right to be exercisable within fifteen 45 days from the date of mailing by registered mail of notice of the 46 execution of a contract of sale together with a copy of said executed 47 contract to said tenant. 48 (d) The plan provides, if it is an eviction plan, as follows: 49 (i) The plan may not be declared effective unless at least fifty-one 50 percent of the bona fide tenants in occupancy of all dwelling units in 51 the building or group of buildings or development on the date the offer- 52 ing statement or prospectus was accepted for filing by the attorney 53 general (excluding, for the purposes of determining the number of bona 54 fide tenants in occupancy on such date, eligible senior citizens and 55 eligible disabled persons) shall have executed and delivered written 56 agreements to purchase under the plan pursuant to an offering made inS. 6458 62 A. 8281 1 good faith without fraud and with no discriminatory repurchase agree- 2 ments or other discriminatory inducements. 3 (ii) No eviction proceedings will be commenced against a non-purchas- 4 ing tenant for failure to purchase or any other reason applicable to 5 expiration of tenancy until the later to occur of (1) the date which is 6 the expiration date provided in such non-purchasing tenant's lease or 7 rental agreement, and (2) the date which is three years after the date 8 on which the plan is declared effective. Non-purchasing tenants who 9 reside in dwelling units subject to government regulation as to rentals 10 and continued occupancy prior to conversion shall continue to be subject 11 thereto during the period of occupancy provided in this paragraph. 12 Thereafter, if a tenant has not purchased, he may be removed by the 13 owner of the dwelling unit or the shares allocated to such dwelling 14 unit. 15 (iii) No eviction proceedings will be commenced, except as hereinafter 16 provided, at any time against either eligible senior citizens or eligi- 17 ble disabled persons. The rentals of eligible senior citizens and eligi- 18 ble disabled persons who reside in dwelling units not subject to govern- 19 ment regulation as to rentals and continued occupancy and eligible 20 senior citizens and eligible disabled persons who reside in dwelling 21 units with respect to which government regulation as to rentals and 22 continued occupancy is eliminated or becomes inapplicable after the plan 23 has been accepted for filing shall not be subject to unconscionable 24 increases beyond ordinary rentals for comparable apartments during the 25 period of their occupancy considering, in determining comparability, 26 such factors as building services, level of maintenance and operating 27 expenses; provided that such proceedings may be commenced against such 28 tenants for non-payment of rent, illegal use or occupancy of the prem- 29 ises, refusal of reasonable access to the owner or a similar breach by 30 the tenant of his obligations to the owner of the dwelling unit or the 31 shares allocated thereto. 32 (iv) Eligible senior citizens and eligible disabled persons who reside 33 in dwelling units subject to government regulation as to rentals and 34 continued occupancy shall continue to be subject thereto. 35 (v) The rights granted under the plan to eligible senior citizens and 36 eligible disabled persons may not be abrogated or reduced notwithstand- 37 ing any expiration of, or amendment to, this section. 38 (vi) Any offeror who disputes the election by a person to be an eligi- 39 ble senior citizen or an eligible disabled person must apply to the 40 attorney general within thirty days of the receipt of the election forms 41 for a determination by the attorney general of such person's eligibil- 42 ity. The attorney general shall, within thirty days thereafter, issue 43 his determination of eligibility. The foregoing shall, in the absence of 44 fraud, be the sole method for determining a dispute as to whether a 45 person is an eligible senior citizen or an eligible disabled person. The 46 determination of the attorney general shall be reviewable only through a 47 proceeding under article seventy-eight of the civil practice law and 48 rules, which proceeding must be commenced within thirty days after such 49 determination by the attorney general becomes final. 50 (vii) After the issuance of the letter from the attorney general stat- 51 ing that the offering statement or prospectus required in subdivision 52 one of section three hundred fifty-two-e of this article has been 53 accepted for filing, the offeror shall, on the thirtieth, sixtieth, 54 eighty-eighth and ninetieth [days] day after such date and at least once 55 every thirty days until the plan is declared effective or abandoned, as 56 the case may be, and on the second day before the expiration of anyS. 6458 63 A. 8281 1 exclusive purchase period provided in a substantial amendment to the 2 plan, (1) file with the attorney general a written statement, under 3 oath, setting forth the percentage of bona fide tenants in occupancy of 4 all dwelling units in the building or group of buildings or development 5 on the date the offering statement or prospectus was accepted for filing 6 by the attorney general who have executed and delivered written agree- 7 ments to purchase under the plan as of the date of such statement, and 8 (2) before noon on the day such statement is filed post a copy of such 9 statement in a prominent place accessible to all tenants in each build- 10 ing covered by the plan. 11 (viii) If the plan is amended before it is declared effective to 12 provide that it shall be a non-eviction plan, any person who has agreed 13 to purchase under the plan prior to such amendment shall have a period 14 of thirty days after receiving written notice of such amendment to 15 revoke his agreement to purchase under the plan. 16 (ix) The tenants in occupancy on the date the attorney general accepts 17 the plan for filing shall have the exclusive right to purchase their 18 dwelling units or the shares allocated thereto for ninety days after the 19 plan is accepted for filing by the attorney general, during which time a 20 tenant's dwelling unit shall not be shown to a third party unless he 21 has, in writing, waived his right to purchase; subsequent to the expira- 22 tion of such ninety day period, a tenant in occupancy of a dwelling unit 23 who has not purchased shall be given the exclusive right for an addi- 24 tional period of six months from said expiration date to purchase said 25 dwelling unit or the shares allocated thereto on the same terms and 26 conditions as are contained in an executed contract to purchase said 27 dwelling unit or shares entered into by a bona fide purchaser, such 28 exclusive right to be exercisable within fifteen days from the date of 29 mailing by registered mail of notice of the execution of a contract of 30 sale together with a copy of said executed contract to said tenant. 31 (e) The attorney general finds that an excessive number of long-term 32 vacancies did not exist on the date that the offering statement or pros- 33 pectus was first submitted to the department of law. "Long-term vacan- 34 cies" shall mean dwelling units not leased or occupied by bona fide 35 tenants for more than five months prior to the date of such submission 36 to the department of law. "Excessive" shall mean a vacancy rate in 37 excess of the greater of (i) ten percent and (ii) a percentage that is 38 double the normal average vacancy rate for the building or group of 39 buildings or development for two years prior to the January preceding 40 the date the offering statement or prospectus was first submitted to the 41 department of law. 42 (f) The attorney general finds that, following the submission of the 43 offering statement or prospectus to the department of law, each tenant 44 in the building or group of buildings or development was provided with a 45 written notice stating that such offering statement or prospectus has 46 been submitted to the department of law for filing. Such notice shall be 47 accompanied by a copy of the offering statement or prospectus and a 48 statement that the statements submitted pursuant to subparagraph [(vii)] 49 (xi) of paragraph (c) [or subparagraph (vii) of paragraph (d)] of this 50 subdivision, whichever is applicable, will be available for inspection 51 and copying at the office of the department of law where the submission 52 was made and at the office of the offeror or a selling agent of the 53 offeror. Such notice shall also be accompanied by a statement that 54 tenants or their representatives may physically inspect the premises at 55 any time subsequent to the submission of the plan to the department of 56 law, during normal business hours, upon written request made by them toS. 6458 64 A. 8281 1 the offeror, provided such representatives are registered architects or 2 professional engineers licensed to practice in the state of New York. 3 Such notice shall be sent to each tenant in occupancy on the date the 4 plan is first submitted to the department of law. 5 3. All dwelling units occupied by non-purchasing tenants shall be 6 managed by the same managing agent who manages all other dwelling units 7 in the building or group of buildings or development. Such managing 8 agent shall provide to non-purchasing tenants all services and facili- 9 ties required by law on a non-discriminatory basis. The offeror shall 10 guarantee the obligation of the managing agent to provide all such 11 services and facilities until such time as the offeror surrenders 12 control to the board of directors or board of managers, at which time 13 the cooperative corporation or the condominium association shall assume 14 responsibility for the provision of all services and facilities required 15 by law on a non-discriminatory basis. 16 4. It shall be unlawful for any person to engage in any course of 17 conduct, including, but not limited to, interruption or discontinuance 18 of essential services, which substantially interferes with or disturbs 19 the comfort, repose, peace or quiet of any tenant in his use or occupan- 20 cy of his dwelling unit or the facilities related thereto. The attorney 21 general may apply to a court of competent jurisdiction for an order 22 restraining such conduct and, if he deems it appropriate, an order 23 restraining the owner from selling the shares allocated to the dwelling 24 unit or the dwelling unit itself or from proceeding with the plan of 25 conversion; provided that nothing contained herein shall be deemed to 26 preclude the tenant from applying on his own behalf for similar relief. 27 5. Any local legislative body may adopt local laws and any agency, 28 officer or public body may prescribe rules and regulations with respect 29 to the continued occupancy by tenants of dwelling units which are 30 subject to regulation as to rentals and continued occupancy pursuant to 31 law, provided that in the event that any such local law, rule or regu- 32 lation shall be inconsistent with the provisions of this section, the 33 provisions of this section shall control. 34 6. Any provision of a lease or other rental agreement which purports 35 to waive a tenant's rights under this section or rules and regulations 36 promulgated pursuant hereto shall be void as contrary to public policy. 37 7. The attorney general is hereby authorized and empowered to adopt, 38 promulgate, amend and rescind suitable rules and regulations to carry 39 out the provisions of this section, including issuing waivers of the 40 requirements of this section to the extent the requirements would not 41 carry out the intent of this section or the Martin Act. 42 8. The provisions of this section shall only be applicable in the city 43 of New York. 44 § 2. This act shall take effect immediately and shall only apply to 45 plans submitted pursuant to section 352-eeee of the general business law 46 after the effective date of this act. 47 PART O 48 Section 1. Legislative findings. The legislature finds and declares 49 that: 50 a. Manufactured homes are a critical source of affordable housing for 51 residents in New York state. 52 b. Factors unique to home ownership in manufactured home parks in New 53 York state require that the owners of such manufactured homes beS. 6458 65 A. 8281 1 protected from involuntary forfeiture of their homes due to unreasonable 2 increases in lot rent. 3 c. Homeownership in such manufactured home parks differs from other 4 forms of homeownership as well as from the traditional landlord-tenant 5 relationship. Unlike other homeowners, because the manufactured homeown- 6 ers do not control the land on which their manufactured homes exist, 7 they have no control over this substantial portion of their housing 8 costs. 9 d. Vacancies in existing manufactured home parks are extremely rare in 10 New York state, and the cost of relocating a manufactured home, even if 11 such a vacancy exists, is prohibitively high and may not be feasible due 12 to the structural integrity of the home. 13 e. The manufactured homeowners' lack of bargaining power disrupts the 14 normal operation of market forces and renders such manufactured homeown- 15 ers captive to whatever terms a manufactured home park owner may choose 16 to impose. This results in manufactured homeowners being evicted because 17 of manufactured home parks' rents they can no longer afford, and as a 18 result, losing their manufactured home and the equity they have built 19 altogether because there is not an alternative site on which to place 20 such home. 21 f. Under current law, manufactured homeowners who rent in manufactured 22 home parks have no legal remedy for an unjustifiable and unreasonable 23 rent increase. 24 g. The legislature therefore declares that in order to prevent hard- 25 ship, unjustifiable rent increases, loss of equity, and the dislocation 26 of residents living in manufactured home parks, the provisions of this 27 act are necessary to protect the safety and general welfare of manufac- 28 tured home owners and tenants. 29 § 2. Subdivision a of section 233 of the real property law is amended 30 by adding two new paragraphs 6 and 7 to read as follows: 31 6. The term "rent-to-own contract" shall mean any agreement between a 32 manufactured home park owner or operator and a manufactured home renter 33 which provides that after a specified term or other contingency the 34 manufactured home renter will take ownership of the rented home. 35 7. The term "rent-to-own payment" shall mean any payment or payments 36 made by a manufactured home renter pursuant to a rent-to-own contract 37 which are in addition to rental payments for the rented site and the 38 rented home. 39 § 3. Paragraphs 1 and 6 of subdivision b of section 233 of the real 40 property law, paragraph 1 as amended by chapter 566 of the laws of 1996 41 and paragraph 6 as amended by chapter 561 of the laws of 2008, are 42 amended to read as follows: 43 [1. The manufactured home tenant continues in possession of any44portion of the premises after the expiration of his term without the45permission of the manufactured home park owner or operator.] 46 6. (i) The manufactured home park owner or operator proposes a change 47 in the use of the land comprising the manufactured home park, or a 48 portion thereof, on which the manufactured home is located, from manu- 49 factured home lot rentals to some other use, provided the manufactured 50 home owner is given written notice of the proposed change of use and the 51 manufactured home owner's need to secure other accommodations. Whenever 52 a manufactured home park owner or operator gives a notice of proposed 53 change of use to any manufactured home owner, the manufactured home park 54 owner or operator shall, at the same time, give notice of the proposed 55 change of use to all other manufactured home owners or tenants in the 56 manufactured home park who will be required to secure other accommo-S. 6458 66 A. 8281 1 dations as a result of such proposed change of use. Eviction 2 proceedings based on a change in use shall not be commenced prior to 3 [six months] two years from the service of notice of proposed change in 4 use [or the end of the lease term, whichever is later]. Such notice 5 shall be served in the manner prescribed in section seven hundred thir- 6 ty-five of the real property actions and proceedings law or by certified 7 mail, return receipt requested. 8 (ii) Where a purchaser of a manufactured home park certified that such 9 purchaser did not intend to change the use of the land pursuant to para- 10 graph (b) of subdivision two of section two hundred thirty-three-a of 11 this article, no eviction proceedings based on a change of use shall be 12 commenced until the expiration of sixty months from the date of the 13 closing on the sale of the park. 14 (iii) (A) The manufactured home park owner or operator shall provide 15 the manufactured home owner a stipend of up to fifteen thousand dollars 16 per manufactured home owner, pursuant to a court order. A warrant for 17 eviction cannot be executed until the stipend has been paid to the manu- 18 factured home owner being evicted. 19 (B) The court shall calculate the stipend based upon consideration of 20 the following factors: 21 (1) The cost of relocation of the manufactured home; 22 (2) The number of manufactured homes in the same park that would be 23 receiving a stipend; 24 (3) The amount the real property is being purchased for; 25 (4) The value of the real property the manufactured home is located 26 on; 27 (5) The value of the development rights attached to real property 28 parcel the manufactured home is located on; and 29 (6) Any other factors the court determines are relevant in each case. 30 (C) In the event the manufactured home owner is not removed and the 31 eviction proceeding is terminated the manufactured home owner shall 32 return the stipend to the park owner. The weight to be afforded to each 33 of the various factors is within the discretion of the trial court. 34 § 4. Subdivision e of section 233 of the real property law, as amended 35 by chapter 566 of the laws of 1996, is amended to read as follows: 36 e. Leases. 1. The manufactured home park owner or operator shall offer 37 every manufactured home tenant prior to occupancy, the opportunity to 38 sign a lease for a minimum of one year, which offer shall be made in 39 writing. All lease offers, including initial and renewal leases, shall 40 include a rider regarding tenant rights. Such rider shall be in a form 41 approved or promulgated by the commissioner of housing and community 42 renewal and which shall be made available to manufactured home park 43 owners and operators. 44 2. (i) On or before, as appropriate, (a) the first day of October of 45 each calendar year with respect to a manufactured home owner [then in46good standing] who is not currently a party to a written lease with a 47 manufactured home park owner or operator or (b) the ninetieth day next 48 preceding the expiration date of any existing written lease between a 49 manufactured home owner [then in good standing] and a manufactured home 50 park owner or operator, the manufactured home park owner or operator 51 shall submit to each such manufactured home owner a written offer to 52 lease for a term of at least twelve months from the commencement date 53 thereof unless the manufactured home park owner or operator has previ- 54 ously furnished the manufactured home owner with written notification of 55 a proposed change of use pursuant to paragraph six of subdivision b of 56 this section. Any such offer shall include a copy of the proposed leaseS. 6458 67 A. 8281 1 containing such terms and conditions, including provisions for rent and 2 other charges, as the manufactured home park owner shall deem appropri- 3 ate; provided such terms and conditions are consistent with all rules 4 and regulations promulgated by the manufactured home park operator prior 5 to the date of the offer and are not otherwise prohibited or limited by 6 applicable law. Such offer shall also contain a statement advising the 7 manufactured home owner that if he or she fails to execute and return 8 the lease to the manufactured home park owner or operator within thirty 9 days after submission of such lease, the manufactured home owner shall 10 be deemed to have declined the offer of a lease and shall not have any 11 right to a lease from the manufactured home park owner or operator for 12 the next succeeding twelve months. 13 [(ii) For purposes of this paragraph, a manufactured home owner shall14be deemed in good standing if he or she is not in default in the payment15of more than one month's rent to the manufactured home park owner, and16is not in violation of paragraph three, four or five of subdivision b of17this section. No manufactured home park owner or operator shall refuse18to provide a written offer to lease based on a default of rent payments19or a violation of paragraph three, four or five of subdivision b of this20section unless, at least thirty days prior to the last date on which the21owner or operator would otherwise be required to provide such written22offer to lease, the owner or operator notifies the manufactured home23owner, in writing, of the default in rent or the specific grounds24constituting the violation and such grounds continues up and until the25fifth calendar day immediately preceding the last date on which the26written offer would otherwise be required to be made.27(iii)] (ii) For purposes of this paragraph, the commencement date of 28 any lease offered by the manufactured home park owner to the manufac- 29 tured home owner shall be the ninetieth day after the date upon which 30 the manufactured home park owner shall have provided the offer required 31 pursuant to this paragraph; provided, however, that no such lease shall 32 be effective if, on such commencement date, the manufactured home owner 33 is in default of more than one month's rent. In the event the manufac- 34 tured home owner shall have failed to execute and return said lease to 35 the manufactured home park owner or operator within thirty days after it 36 is submitted to the manufactured home owner as required by subparagraph 37 (i) of this paragraph the manufactured home owner shall be deemed to 38 have declined to enter said lease. 39 3. No lease provision shall be inconsistent with any rule or regu- 40 lation in effect at the commencement of the lease. 41 4. If a manufactured home park owner or operator fails to offer a 42 tenant a lease as provided in this subdivision, the tenant shall have 43 all the rights of a leaseholder and may not be evicted for other than 44 the reasons specified in paragraph two, three, four, five or six of 45 subdivision (b) of this section. 46 5. All rent increases, including all fees, rents, charges, assessments 47 and utilities, shall be subject and pursuant to section two hundred 48 thirty-three-b of this article. 49 § 5. Paragraphs 2 and 3 of subdivision g of section 233 of the real 50 property law, as amended by chapter 566 of the laws of 1996, are amended 51 to read as follows: 52 2. A manufactured home park owner or operator shall be required to 53 fully disclose in writing all fees, charges, assessments, including 54 rental fees, rules and regulations prior to [a manufactured home tenant55assuming occupancy] entering into a rental agreement with a prospective 56 tenant in the manufactured home park.S. 6458 68 A. 8281 1 3. No fees, charges, assessments or rental fees may be increased by 2 manufactured home park owner or operator without specifying the date of 3 implementation of said fees, charges, assessments or rental fees which 4 date shall be no less than ninety days after written notice to all manu- 5 factured home tenants. Failure on the part of the manufactured home park 6 owner or operator to fully disclose all fees, charges or assessments 7 shall prevent the manufactured home park owner or operator from collect- 8 ing said fees, charges or assessments, and refusal by the manufactured 9 home tenant to pay any undisclosed charges shall not be used by the 10 manufactured home park owner or operator as a cause for eviction in any 11 court of law. Rent, utilities and charges for facilities and services 12 available to the tenant may not be increased unless a lease has been 13 offered to the tenant as required by subdivision e of this section. 14 § 6. Subdivision m of section 233 of the real property law, as amended 15 by chapter 566 of the laws of 1996, is amended to read as follows: 16 m. Warranty of habitability, maintenance, disruption of services. In 17 every written or oral lease or rental agreement entered into by a manu- 18 factured home tenant, the manufactured home park owner or operator shall 19 be deemed to covenant and warrant that the premises so leased or rented 20 and the manufactured home if rented, including rental through a rent-to- 21 own contract, and all areas used in connection therewith in common with 22 other manufactured home tenants or residents including all roads within 23 the manufactured home park are fit for human habitation and for the uses 24 reasonably intended by the parties and that the occupants of such prem- 25 ises and such manufactured homes if rented shall not be subjected to any 26 conditions which would be dangerous, hazardous or detrimental to their 27 life, health or safety. When any such condition has been caused by the 28 misconduct of the manufactured home tenant or lessee or persons under 29 his direction or control, it shall not constitute a breach of such 30 covenants and warranties. The rights and obligations of the manufactured 31 home park owner or operator and the manufactured home tenant shall be 32 governed by the provisions of this subdivision and subdivisions two and 33 three of section two hundred thirty-five-b of this article. 34 § 7. Subdivision o of section 233 of the real property law, as amended 35 by chapter 566 of the laws of 1996, is amended to read as follows: 36 o. Whenever a lease shall provide that in any action or summary 37 proceeding the manufactured home park owner or operator may recover 38 attorney's fees and/or expenses [incurred as the result of the failure39of the tenant to perform any covenant or agreement contained in such40lease, or that amounts paid by the manufactured home park owner or oper-41ator therefor shall be paid by the tenant as additional rent] awarded by 42 a court, there shall be implied in such lease a covenant by the manufac- 43 tured home park owner or operator, to pay to the tenant the reasonable 44 attorney's fees and/or expenses incurred by the tenant to the same 45 extent as is provided in section two hundred thirty-four of this article 46 which section shall apply in its entirety. A manufactured home park 47 owner or operator may not demand that a tenant pays attorneys' fees 48 unless such fees have been awarded pursuant to a court order. 49 § 8. Subdivision r of section 233 of the real property law, as amended 50 by chapter 566 of the laws of 1996, is amended to read as follows: 51 r. Limitation on late charges. A late charge on any rental payment by 52 a manufactured home owner which has become due and remains unpaid shall 53 not exceed and shall be enforced to the extent of [five] three percent 54 of such delinquent payment; provided, however, that no charge shall be 55 imposed on any rental payment by a manufactured home owner received 56 within ten days after the due date. In the absence of a specificS. 6458 69 A. 8281 1 provision in the lease or the manufactured home park's rules and regu- 2 lations, no late charge on any delinquent rental payment shall be 3 assessed or collected. Late charges may not be compounded and shall not 4 be considered additional rent. 5 § 9. Section 233 of the real property law is amended by adding a new 6 subdivision y to read as follows: 7 y. 1. No manufactured home park owner or operator shall offer or 8 execute a rent-to-own contract unless the manufactured park owner or 9 operator possesses documentation of ownership of the manufactured home, 10 including a certificate of title to the home, if the home is a manufac- 11 tured home subject to being titled pursuant to article forty-six of the 12 vehicle and traffic law, or for mobile homes not subject to being titled 13 pursuant to such law, such other documentation, which may include a bill 14 of sale, or deed, sufficient to establish ownership. 15 2. Every rent-to-own contract shall be in writing and clearly state 16 all terms, including but not limited to: a description of the home to be 17 leased, including the name of the manufacturer, the serial number and 18 the year of manufacture; the site number upon which the home is located 19 in the manufactured home park; an itemized statement of any payments to 20 be made during the term of the contract, including the initial lot rent, 21 the rental amount for the home, and the amount of the rent-to-own 22 payments; the term of the agreement; the number of payments, itemized, 23 required to be made over the term of the agreement; the annual percent- 24 age rate of the amount financed, if applicable; and the amount of any 25 additional fees to be paid during the term. A rent-to-own contract shall 26 not require a manufactured home tenant to pay any additional fees for 27 transfer of ownership at the end of the lease period. A rent-to-own 28 contract shall provide that where the rent-to-own tenant pays all rent- 29 to-own payments and other fees established in the contract during the 30 lease term, title transferred at the end of the lease term shall be free 31 of superior interests, liens or encumbrances. 32 3. Valuations used to determine the fair market value of the manufac- 33 tured home at the time the rent-to-own contract is entered into, shall 34 be based on the information provided by an independent system, entity, 35 publication or publications that provide valuation information for manu- 36 factured homes adjusted, as appropriate, by reasonable and identifiable 37 regional market data, such as location, park-specific amenities, trends 38 and comparable sales. 39 4. Every rent-to-own contract shall clearly state that the manufac- 40 tured home tenant is occupying a rented home, until ownership is trans- 41 ferred, and that the manufactured home park owner and operator shall be 42 responsible for compliance with the warranty of habitability, including 43 but not limited to all major repairs and capital improvements. 44 5. With the execution of every rent-to-own contract, the manufactured 45 home park owner or operator shall offer the manufactured home tenant a 46 lease for the site on which the home is located as provided in subdivi- 47 sion f of this section, and, if the term of the rent-to-own contract is 48 longer than the term of the initial site lease, shall offer renewal 49 leases on the same terms as provided to manufactured home tenants within 50 the park pursuant to subdivision e of this section, provided that such 51 renewal lease may not include a rent increase greater than that imposed 52 on similarly situated manufactured home tenants that own their home 53 within the park. 54 6. The manufactured home park owner or operator shall provide each 55 manufactured home tenant who is a party to a rent-to-own contract an 56 itemized accounting listing all payments made pursuant to the rent-to-S. 6458 70 A. 8281 1 own contract. Such accounting shall be provided no less than once each 2 year, beginning one year from the execution of the rent-to-own contract. 3 Upon request by a manufactured home tenant, the manufactured home park 4 owner or operator shall provide such an accounting within ten days of 5 such request. 6 7. Any successor to ownership of the manufactured home park shall be 7 bound by the terms of a rent-to-own contract entered into after the 8 effective date of this subdivision. 9 8. If a manufactured home tenant's tenancy is terminated by the manu- 10 factured home park owner or operator during the term of a rent-to-own 11 contract, all rent-to-own payments made during the term of the contract 12 shall be refunded to the manufactured home tenant; if a manufactured 13 home park owner or operator fails to refund such payments, in an 14 eviction proceeding, the court may award the manufactured home renter 15 damages in the amount of the rent-to-own payments which have not been 16 refunded. 17 9. It is a violation of this section for a manufactured home park 18 owner or operator to make any material misrepresentation, either written 19 or oral, regarding any of the terms of a rent-to-own contract, or to 20 obtain, or attempt to obtain, a waiver from any manufactured home renter 21 of any protection or right provided under this subdivision. 22 10. (i) If a manufactured home park owner or operator violates the 23 provisions of this subdivision or wrongfully evicts a manufactured home 24 tenant who is a party to a rent-to-own contract, a court may award 25 damages including treble the economic damages suffered by the manufac- 26 tured home tenant, which may include all rent-to-own payments. The court 27 may also provide for reasonable attorney fees and costs of litigation, 28 and other equitable relief. 29 (ii) Failure of the manufactured home park owner or operator to comply 30 with this section shall give the manufactured home renter the uncondi- 31 tional right to cancel the rent-to-own contract and receive immediate 32 refund of all payments and deposits made on account of or in contem- 33 plation of the lease with the rent-to-own contract. 34 11. The provisions of this section apply to rent-to-own contracts and 35 tenants with rent-to-own contracts. 36 § 10. Paragraphs (a) and (c) of subdivision 2 of section 233-a of the 37 real property law, as added by chapter 561 of the laws of 2008, are 38 amended to read as follows: 39 (a) If a manufactured home park owner receives a bona fide offer to 40 purchase a manufactured home park that such manufactured home park owner 41 intends to accept, or respond with a counteroffer, such manufactured 42 home park owner shall require the prospective purchaser to provide, in 43 writing, the certification required by paragraph (b) of this subdivi- 44 sion, and shall not accept any offer to purchase, nor respond with a 45 counteroffer until such manufactured home park owner has received such 46 certification and met the requirements of this section. 47 (c) If a manufactured home park owner takes any action to market or 48 offer the park for sale, or receives a bona fide offer to purchase a 49 manufactured home park that such manufactured home park owner intends to 50 accept or respond to with a counteroffer, [such counteroffer] a manufac- 51 tured home park owner shall include a notice stating that such accept- 52 ance or counteroffer shall be subject to the right of the homeowners of 53 the manufactured home park to purchase the manufactured home park pursu- 54 ant to this subdivision. Notwithstanding any provision of law or agree- 55 ment to the contrary, every [acceptance of a counteroffer] agreement to 56 purchase a manufactured home park by a prospective purchaser of a manu-S. 6458 71 A. 8281 1 factured home park shall be [deemed to be] subject to the right of the 2 homeowners of the manufactured home park to purchase the manufactured 3 home park pursuant to this subdivision if the purchaser certifies pursu- 4 ant to paragraph (b) of this subdivision that he or she intends to 5 change the use of the land. 6 § 11. The first subdivision 3 of section 233-a of the real property 7 law, as added by chapter 561 of the laws of 2008, is amended to read as 8 follows: 9 3. (a) If a manufactured home park owner receives a bona fide offer to 10 purchase a manufactured home park that such manufactured home park owner 11 intends to accept or respond to with a counteroffer, and the purchaser 12 has certified pursuant to paragraph (b) of subdivision two of this 13 section that he intends to change the use of the land, such manufactured 14 home park owner shall notify: 15 (i) the officers of the manufactured homeowners' association within 16 such park of [the offer to purchase and] all the terms thereof; provided 17 that the park owner has been notified of the establishment of a manufac- 18 tured homeowners' association and been provided with the names and 19 addresses of the officers of such association; or 20 (ii) if no homeowners' association exists, all manufactured homeowners 21 in the manufactured home park; and 22 (iii) the commissioner of housing and community renewal. 23 (b) The manufactured home park owner's notification shall state: 24 (i) the price [and]; 25 (ii) the material terms and conditions of sale [or, in the case where26such manufactured home park owner intends to make a counteroffer, the27price and material terms and conditions] upon which such manufactured 28 home park owner would sell the park; 29 (iii) that the manufactured homeowners have the right to organize a 30 manufactured homeowners' association or a manufactured homeowners' coop- 31 erative for the park; 32 (iv) that purchase financing may be available through the New York 33 state homes and community renewal; and 34 (v) that the manufactured homeowners' association, a cooperative, or 35 manufactured home owners or tenants have one hundred forty days to exer- 36 cise their right to purchase the park in accordance with this section. 37 (c) (i) If a manufactured homeowners' association exists at the time 38 of the offer, the association shall have the right to purchase the park; 39 provided that the association shall have delivered to the manufactured 40 home park owner an executed offer to purchase which meets the identical 41 price, terms, and conditions of the offer or counteroffer provided in 42 the notice of the manufactured home park owner within one hundred [twen-43ty] forty days of receipt of notice from the manufactured home park 44 owner, unless otherwise agreed to in writing. During this time period, 45 the park owner shall not accept a final unconditional offer to purchase 46 the park. 47 (ii) If an offer to purchase by the association is not delivered with- 48 in such one hundred [twenty] forty day period, then, unless the park 49 owner thereafter elects to offer to sell the park at a price lower than 50 the price specified in the notice to the homeowners' association or at 51 terms substantially different from those presented to the association, 52 the park owner has no further obligations under this section. 53 (iii) If the park owner, after such one hundred [twenty] forty day 54 period, elects to offer to sell the park at a price lower than the price 55 specified in the notice given or at terms substantially different from 56 those previously presented to the association, then the associationS. 6458 72 A. 8281 1 shall be entitled to notice thereof and shall have an additional [ten] 2 thirty days after receipt of notice of the revised terms to deliver to 3 the park owner an executed offer to purchase which meets the revised 4 price, terms, and conditions as presented by the park owner. 5 (d) (i) If there is no existing homeowners' association at the time of 6 the offer, the homeowners shall have the right to purchase the park; 7 provided the following conditions are met: 8 (A) The manufactured homeowners shall have the right to form a manu- 9 factured homeowners' association, whether incorporated or not. 10 (B) Such homeowners' association shall include at least fifty-one 11 percent of all manufactured homeowners, who shall have given written 12 consent to forming a manufactured homeowners' association. The 13 provisions of section two hundred twenty-three-b of this article shall 14 apply to the formation of a manufactured homeowners' association. 15 (C) The association, acting through its officers, shall have given 16 notice to the park owner of its formation, the names and addresses of 17 its officers, and delivered an executed offer to purchase the park at 18 the identical price, terms, and conditions of the offer presented in the 19 notification given by the park owner within one hundred [twenty] forty 20 days of receipt of notice from the park owner, unless otherwise agreed 21 to in writing. During this time period, the park owner shall not accept 22 a final unconditional offer to purchase the park. 23 (ii) If the homeowners fail to form a manufactured homeowners' associ- 24 ation, or if upon the formation of a manufactured homeowners' associ- 25 ation, the association does not deliver an executed offer to purchase as 26 set forth in paragraph (a) of this subdivision within the one hundred 27 [twenty] forty day period, then, unless the park owner elects to offer 28 the park at a price lower than the price specified in the notice previ- 29 ously presented to the homeowners, the park owner has no further obli- 30 gation under this section; and 31 (iii) If the park owner thereafter elects to sell the park at a price 32 lower than the price specified in the notice to the homeowners or at 33 terms substantially different from those previously presented, then the 34 association shall have an additional [ten] thirty days after receipt of 35 notice of the revised terms to deliver to the park owner an executed 36 offer to purchase which meets the revised price, terms, and conditions 37 as presented by the park owner. 38 § 12. The real property law is amended by adding a new section 233-b 39 to read as follows: 40 § 233-b. Manufactured home parks; rent increases. 1. The provisions of 41 this section shall apply to all manufactured homes located in a manufac- 42 tured home park as defined in section two hundred thirty-three of this 43 article, however manufactured homes located in manufactured home parks 44 that are subject to a regulatory agreement with a governmental entity to 45 preserve affordable housing or that otherwise limits rent increases are 46 exempt from the provisions of this section. 47 2. Increases in rent shall not exceed a three percent increase above 48 the rent since the current rent became effective. In this section, rent 49 shall mean all costs, including all rent, fees, charges, assessments, 50 and utilities. Notwithstanding the above, a manufactured home park owner 51 is permitted to increase the rent in excess of three percent above the 52 rent since the current rent became effective, due to: 53 (a) Increases in the manufactured home park owner's operating 54 expenses. 55 (b) Increases in the manufactured home park owner's property taxes on 56 such park.S. 6458 73 A. 8281 1 (c) Increases in costs which are directly related to capital improve- 2 ments in the park. 3 3. An increase above three percent may be challenged by an aggrieved 4 manufactured homeowner as unjustified. Multiple aggrieved manufactured 5 homeowners may join in the same action where there is a common question 6 of law and fact. 7 4. Within ninety days of the proposed increase, an aggrieved manufac- 8 tured homeowner may challenge such increase by filing an action in the 9 court of appropriate subject matter jurisdiction where the real property 10 is located seeking a declaratory judgment that the rent increase is 11 unjustifiable. 12 5. In any proceeding under this section there shall be an irrebuttable 13 presumption that a rent increase is justifiable when the amount of such 14 increase does not exceed the tenant's pro-rata share in operating costs 15 and property taxes for the manufactured home park in which the manufac- 16 tured home owner resides. 17 6. (a) In determining whether a rent increase is permissible, the 18 court shall consider the provisions of paragraphs (a), (b) and (c) of 19 subdivision two of this section. Notwithstanding the above, rent 20 increases shall not exceed six percent above the rent since the current 21 rent became effective, except upon the approval of a temporary hardship 22 application by the court. In addition to the provisions of this para- 23 graph and paragraphs (b) and (c) of this subdivision the court shall 24 take into account the following factors when determining whether to 25 grant a temporary hardship application: 26 (i) The amount of increase being sought by the park owners; 27 (ii) The ability of the manufactured home owner to pay such increase 28 including whether the increase would have an unreasonable adverse impact 29 on the manufactured home owner; 30 (iii) The amount of time and notice the manufactured home owner may 31 need in order to pay a temporary rent increase; 32 (iv) The duration the park owners intend for the temporary rent 33 increase to last; 34 (v) The cause of the hardship the rent increase is being requested to 35 alleviate, including whether the hardship was due to owner negligence 36 and malfeasance; 37 (vi) The ability of the park owners to utilize other means besides a 38 rent increase to alleviate said hardship; 39 (vii) The likelihood that the property the manufactured home park is 40 located on will go into foreclosure if a temporary rent increase above 41 six percent is not granted; 42 (viii) Any other factor that will jeopardize the ability of the park 43 to legally operate. 44 (b) A court order approving a temporary hardship application shall 45 state for each manufactured home owner: 46 (i) The amount of the rent increase; 47 (ii) The date the rent increase is to take effect; 48 (iii) The date the increase is to end; 49 (iv) The amount the rent will return to; and 50 (v) The court's findings as to the factors necessitating a temporary 51 increase. 52 (c) Upon a finding by the court that the manufactured home park should 53 be granted a hardship exemption, the amount of any rent increase shall 54 be the minimum amount to alleviate the hardship. An order granting a 55 temporary rent increase shall not exceed six months. The order must be 56 served on the manufactured home owners and all known legal tenantsS. 6458 74 A. 8281 1 pursuant to the rules of civil procedure within thirty days of the court 2 order, the cost of which shall be on the manufactured home park owner. 3 7. The court may condition its approval of any rent increase upon the 4 redress of conditions in the manufactured home park which threaten the 5 health and safety of the manufactured home tenant. 6 8. While a challenge to a rent increase pursuant to this section is 7 pending, manufactured home park tenants shall pay the amount of the rent 8 increase to the manufactured home park owner who shall hold such amounts 9 in escrow pending a mediated agreement between the parties or a final 10 decision from the courts, provided, however, that no manufactured home 11 park tenant shall be evicted for non-payment of the rent increase prior 12 to the final disposition of the matter by the court in the county where 13 the manufactured home park is located. Failure by the manufactured home 14 park owner to place such challenged rent increase in escrow shall be 15 punishable by a civil penalty of not more than five hundred dollars. If 16 the petitioners appeal, the manufactured home park owner may remove the 17 rent increase funds from escrow, mingle such funds with any other funds, 18 and commence a nonpayment proceeding in the court of appropriate juris- 19 diction against a tenant who has not paid the increase of rent. If the 20 court enters a final judgment declaring the rent increases or any part 21 thereof unjustifiable and impermissible, the manufactured home park 22 owner shall refund the amount of the impermissible increase to each 23 tenant household. 24 § 13. Severability. If any provision of this act, or any application 25 of any provision of this act, is held to be invalid, that shall not 26 affect the validity or effectiveness of any other provision of this act, 27 or of any application of any provision of this act, which can be given 28 effect without that provision or application; and to that end, the 29 provisions and applications of this act are severable. 30 § 14. This act shall take effect on the thirtieth day after it shall 31 have become a law. 32 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 33 sion, section or part of this act shall be adjudged by any court of 34 competent jurisdiction to be invalid, such judgment shall not affect, 35 impair, or invalidate the remainder thereof, but shall be confined in 36 its operation to the clause, sentence, paragraph, subdivision, section 37 or part thereof directly involved in the controversy in which such judg- 38 ment shall have been rendered. It is hereby declared to be the intent of 39 the legislature that this act would have been enacted even if such 40 invalid provisions had not been included herein. 41 § 3. This act shall take effect immediately provided, however, that 42 the applicable effective date of Parts A through O of this act shall be 43 as specifically set forth in the last section of such Parts.
