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Who cares
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Sponsors
2 Co-sponsors
History
- Referred to housing, construction and community development
- 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.
Provides that in N.Y. city, the rent following the dissolution date shall be the last rent authorized for the affected dwelling
Assembly Floor Calendar · Sponsor Linda Rosenthal
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S531
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 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.1863B of 2009 (Referred to Housing) 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.