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S1863Senate2009-2010 SessionSame asA9854

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

Sponsor Jeffrey D. KleinSD-34+2 co-sponsorsAffects Finance
Status
Senate Floor Calendar
Impact
Pending
Passage
Pending

Bill progress

Step 3 of 7

Floor calendar · Aug 3

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Sponsors

Primary sponsor
Jeffrey D. Klein

Senator · Senate District 34

History

  1. Substituted by A9854
  2. Ordered to third reading cal.1425
  3. Reported and committed to rules
  4. Reported and committed to finance
  5. Referred to housing, construction and community development
  6. Reported and committed to finance
  7. Print number 1863b
  8. Amend and recommit to housing, construction and community development
  9. Print number 1863a
  10. Amend (t) and recommit to housing, construction and community development
  11. Referred to housing, construction and community development

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.

A9854Assembly

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

Senate Floor Calendar · Sponsor Linda Rosenthal

Full text

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

Sponsor's memo

Title of bill

An act to amend the private housing finance law, in relation to limited profit housing companies

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 for a 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 2004, tenants in the affected buildings were reasonably protected upon dissolution from the Mitchell-Lama program because they would be placed into rent stabilization. The 2004 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

S.5245 of 2008 (Referred to Housing) S.5245 of 2007 (Referred to Rules) S.7120 of 2006 (Referred to Housing)

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.