Makes conforming technical changes to the New York City administrative code and the emergency tenant protection act relating to vacancy decontrol; repealer

Summary of specific provisions

Section 1 of this bill sets forth legislative findings and declaration of emergency.

Section 2 would repeal paragraph (n) of subdivision 2 of section 2 of chapter 274 of the laws of 1946, constituting the emergency rent control law.

Section 3 of this bill would repeal paragraph 13 of subdivision a of section 5 of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of 1974.

Section 4 would repeal subparagraph (k) of paragraph 2 of subdivision e of section 26-403 of the administrative code of the city of New York.

Section 5 would repeal section 26-504.2 of the administrative code of the city of New York.

Section 6 and section 7 also subject accommodations to regulation under such laws which were deregulated upon vacancy on or after January 1, 2007 or which were deregulated upon vacancy prior to January 1, 2007 and which rented for less than $5,000 per month in New York city or less than $3,500 per month in the counties of Westchester, Nassau, and Rockland on or after January 1, 2007.

Section 8 and 9 repeal vacancy decontrol provisions of the New York City Administrative Code and the Emergency Tenant Protection Act that relate to preferential rents, respectively.

Section 10 provides for an immediate date.

Justification

The shortage of affordable housing in New York City, in the suburban counties of Westchester, Nassau, and Rockland and in many other areas of the state is an acute crisis. The systems of rent regulation

presently existing are the single most effective program of state and local governments to preserve the supply of affordable housing. These programs have been seriously eroded by the vacancy apartment rents to the $2,000 threshold for vacancy decontrol laws. Available data and several studies suggest that over 300,000 rent stabilized apartments have been removed from regulation in New York City and the counties of Westchester, Nassau, and Rockland under vacancy decontrol. The pace at which vacancy decontrol removes affordable housing units from regulation is accelerating with each passing year.

Vacancy decontrol is an incentive for owners of rental housing to withhold services and to use forms of harassment to induce regulated tenants to vacate their rental units. In some instances, costs of renovation have been inflated or even falsified in order to drive apartment rents to the $2,000 threshold for vacancy decontrol. In other cases no renovations at all are done to vacant apartments and such apartments are treated as deregulated regardless of the legal rent. Such abuses are made possible by the existence of the vacancy decontrol laws.

Repeal of vacancy decontrol is essential to restore the integrity of the rent regulation systems and to protect the state's precious supply of affordable housing.

Prior legislative history

2011-2012: S.1193A - Died Housing 2009/2010: S.2237A (Died Housing) 2008: A.7416A - Passed Assembly/S.5149B Referred to Housing

Fiscal implications

Some costs may be incurred by DHCR.

Effective date

This act shall take effect immediately; provided, however, that: (a) the amendments to section 26-511 of chapter 4 of title 26 of the administrative code of the city of New York made by section eight of this act shall expire on the same date as such law expires and shall not affect the expiration of such law as provided under section 26-520 of such law; and (b) the amendments to subdivision a-2 of section 10 of section 4 of the emergency tenant protection act of nineteen seventy-four made by section nine of this act shall expire on the same date as such act expires and shall not affect the expiration of such act as provided in section 17 of chapter 576 of the laws of 1974.