Skip to content
A9854Assembly2009-2010 SessionSame asS1863

Provides that in N.Y. city, the rent following the dissolution date shall be the last rent authorized for the affected dwelling

Sponsor Linda RosenthalAD-67+27 co-sponsorsAffects Housing
Status
Senate Floor Calendar
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Senate · Housing, Construction And Community Development

What's happening

Writing a plain-English summary… Track this bill to get it by email.

Why it matters

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Sponsors

History

  1. 3rd reading cal.1425
  2. Substituted for S1863B
  3. Referred to housing, construction and community development
  4. Delivered to senate
  5. Passed assembly
  6. Advanced to third reading cal.701
  7. Reported
  8. Referred to housing

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S1863Senate

Provides that N.Y. city, the rent following the dissolution date shall be the last rent authorized for the affected dwelling

Senate Floor Calendar · Sponsor Jeffrey D. Klein

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A9854 REVISED 3/23/10

Title of bill

An act to amend the private housing finance law, in relation to limited profit housing companies in a city with a population of one million or more

Purpose or general idea of bill

The purpose of this bill is to protect tenants in Mitchell-Lama developments which become subject to Rent Stabilization or the Emergency Tenant Protection Act by prohibiting an Owner from applying for a rent increase based on unique and peculiar circumstances when a project withdraws from this program.

Summary of specific provisions

This bill would add a new section 35-a to the Private Housing Finance Law. The legislation provides that the initial legal regulated rent after the dissolution date fora limited profit housing development subject to the rent stabilization law of 1969 or the emergency tenant protection act of 1974 shall be the last rent authorized for the affected dwelling unit. The bill further states that the legal regulated rent shall not be subject to adjustment pursuant to Section 26-513 of the New York City administrative code ("unique and peculiar" clause).

Justification

This bill will protect the thousands of Mitchell-Lama tenants who live in rental apartments. Until a recent Court of Appeals ruling in 2005, tenants in the affected buildings were reasonably protected upon dissolution from the Mitchell-Lama program because they would be placed into rent stabilization. The 2005 ruling, however, potentially allows a landlord to petition DHCR to use a provision of the New York City Administrative Code to cause a steep increase in rents. This would cause many Mitchell-Lama residents to have to leave the homes they have lived in for decades. By making the last rent paid prior to dissolution the initial legal regulated rent and prohibiting any use of the unique and peculiar provision, this bill will ensure the continued affordability of these apartments and the opportunity for tenants to remain in their homes.

Prior legislative history

A. 857 of 2009 Passed Assembly; A. 352 of 2008 Passed Assembly; A: 10596 of 2006 Passed Assembly

Fiscal implications

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.