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History
- Print number 2828b
- Amend and recommit to housing, construction and community development
- Print number 2828a
- Amend and recommit to housing, construction and community development
- 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.
Prohibits an owner from adjusting the amount of preferential rent upon the renewal of a lease
In Senate Committee · Housing, Construction And Community Development · Sponsor Keith L.T. Wright
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the emergency tenant protection act of nineteen seventy-four and the administrative code of the city of New York, in relation to the regulation of rents
Purpose or general idea of bill
This bill would prohibit an owner from adjusting the amount of preferential rent upon the renewal of a lease.
Summary of specific provisions
The bill would prohibit owners from increasing a less than legal regulated rent to the legal regulated rent upon a lease renewal; only upon a tenant's vacancy could an owner increase the less than legal regulated rent. In addition, such a vacancy may not be caused by an owner or an agent of the owner's the failure to maintain the housing accommodation in a habitable condition.
Justification
As housing costs increase across the City of New York, the displacement of working families and middle class residents from rent regulated apartments has resulted in a housing crisis. The displacement of rent regulated tenants has been aggravated by a landlord's ability to abandon a preferential rent upon the renewal of a lease.
Prior to a change in law, a preferential rent was permanent for the duration of a tenancy and could only be increased upon vacancy. However, as a result of amendments to the law in 2003, landlords are now permitted to abandon a discounted, preferential rent and impose the statutory rent upon vacancy or renewal of a lease. Pursuant to this provision, tenants throughout New York City have faced sudden and unanticipated rent increases upon lease renewal. As a result, many tenants cannot pay new rental payments and have been forced out of their rent-regulated apartments.
Equally problematic is that there is no "clean hands" requirement that a landlord conduct him/herself responsibly when abandoning a preferential rent and imposing the maximum rent upon vacancy. If a tenant leaves an apartment that is uninhabitable due unsanitary conditions, lack of heat, hot water, electricity, repairs, etc., a landlord can precipitously increase rent upon the vacancy of an apartment. As such, the law encourages bad actors to deprive tenants of a habitable apartment in order to benefit from the ability to abandon a preferential rent.
In order to stem the displacement crisis in New York City and preserve the affordable housing stock available to working families and moderate-income residents, the rent regulation laws are in need of reform. This proposed amendment of the preferential rent provisions is an important step in that direction.
Fiscal implications
None to State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.