STATE OF NEW YORK ________________________________________________________________________ 4969 2023-2024 Regular Sessions IN SENATE February 17, 2023 ___________ Introduced by Sen. JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend chapter 576 of the laws of 1974, constituting the emer- gency tenant protection act of nineteen seventy-four and the adminis- trative code of the city of New York, in relation to placing limita- tions on initial regulated rents The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision b of section 6 of section 4 of chapter 576 of 2 the laws of 1974, constituting the emergency tenant protection act of 3 nineteen seventy-four, is amended to read as follows: 4 b. The initial legal regulated rents for housing accommodations in a 5 city having a population of less than one million or a town or village 6 as to which a declaration of emergency has been made pursuant to this 7 act shall be: 8 (1) For housing accommodations subject to the emergency housing rent 9 control law which become vacant on or after the local effective date of 10 this act, the rent agreed to by the landlord and the tenant and reserved 11 in a lease or provided for in a rental agreement; provided that such 12 initial legal regulated rent shall not exceed the average rent for a 13 comparable rent regulated housing accommodation, as determined by the 14 rent guidelines board with jurisdiction over such housing accommodation, 15 and may be adjusted on application of the owner or tenant pursuant to 16 subdivision a of section nine of this act; and provided further that no 17 increase of such initial regulated rent pursuant to annual guidelines 18 adopted by the rent guidelines board shall become effective until the 19 expiration of the first lease or rental agreement taking effect after 20 the local effective date, but in no event before one year from the 21 commencement of such rental agreement. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04206-01-3
S. 4969 2 1 (2) For all other housing accommodations, the rent reserved in the 2 last effective lease or other rental agreement; provided that an initial 3 rent based upon the rent reserved in a lease or other rental agreement 4 which became effective on or after January first, nineteen hundred 5 seventy-four may be adjusted on application of the tenant pursuant to 6 subdivision b of section nine of this act or on application of either 7 the owner or tenant pursuant to subdivision a of such section; and 8 further provided that if a lease is entered into for such housing accom- 9 modations after the local effective date, but before the effective date 10 of the first guidelines applicable to such accommodations, the lease may 11 provide for an adjustment of rent pursuant to such guidelines, to be 12 effective on the first day of the month next succeeding the effective 13 date of such guidelines. 14 § 2. Subdivision b of section 26-512 of the administrative code of the 15 city of New York is amended to read as follows: 16 b. The initial regulated rent for housing accommodations subject to 17 this law on the local effective date of the emergency tenant protection 18 act of nineteen seventy-four or which become subject to this law there- 19 after, pursuant to such act, shall be: 20 (1) For housing accommodations which were regulated pursuant to this 21 law or the city rent and rehabilitation law prior to July first, nine- 22 teen hundred seventy-one, and which became vacant on or after such date 23 and prior to the local effective date of the emergency tenant protection 24 act of nineteen seventy-four, the rent reserved in the last effective 25 lease or other rental agreement; provided that such initial rent may be 26 adjusted on application of the tenant pursuant to subdivision b of 27 section 26-513 of this chapter. 28 (2) For housing accommodations which were regulated pursuant to the 29 city rent and rehabilitation law on the local effective date of the 30 emergency tenant protection act of nineteen seventy-four, and thereafter 31 become vacant, the rent agreed to by the landlord and the tenant and 32 reserved in a lease or provided for in a rental agreement; provided that 33 such initial rent shall not exceed the average rent for a comparable 34 rent regulated housing accommodation, as determined by the commissioner, 35 and may be adjusted on application of the tenant pursuant to subdivision 36 b of section 26-513 of this chapter. 37 (3) For housing accommodations other than those described in para- 38 graphs one and two of this subdivision, the rent reserved in the last 39 effective lease or other rental agreement. 40 (4) For any plot or parcel of land which had been regulated pursuant 41 to the city rent and rehabilitation law prior to July first, nineteen 42 hundred seventy-one and which, 43 (i) became vacant on or after July first, nineteen hundred seventy-one 44 and prior to July first, nineteen hundred seventy-four, the rent 45 reserved in a lease or other rental agreement in effect on June thirti- 46 eth, nineteen hundred seventy-four plus increases authorized by the rent 47 guidelines board under this law for leases or other rental agreements 48 commencing thereafter; provided that such initial rent may be adjusted 49 on application of the tenant pursuant to subdivision b of section 26-513 50 of this chapter or, 51 (ii) became vacant on or after July first, nineteen hundred seventy- 52 four, the rent agreed to by the landlord and the tenant and reserved in 53 a lease or other rental agreement plus increases authorized by the rent 54 guidelines board under this law for leases or other rental agreements 55 commencing thereafter; provided that such initial rent shall not exceed 56 the average rent for a comparable rent regulated housing accommodation,
S. 4969 3 1 as determined by the commissioner, and may be adjusted on application of 2 the tenant pursuant to subdivision b of section 26-513 of this chapter. 3 (iii) Where the commissioner has determined that the rent charged is 4 in excess of the lawful rents as stated in subparagraph (i) or (ii) 5 hereof, plus lawful increases thereafter, he or she shall provide for a 6 cash refund or a credit, to be applied against future rent, in the 7 amount of any rent overcharge collected by an owner and any penalties, 8 costs, attorneys' fees and interest from the date of the overcharge at 9 the rate of interest payable on a judgment pursuant to section five 10 thousand four of the civil practice law and rules for which the owner is 11 assessed. 12 § 3. This act shall take effect immediately, provided, however, that 13 the amendments to section 26-512 of the administrative code of the city 14 of New York made by section two of this act shall expire on the same 15 date as such chapter expires and shall not affect the expiration of such 16 chapter as provided under section 26-520 of such chapter.