Makes technical corrections to rent control provisions; repealer

Title of bill

An act to amend the emergency housing rent control law, the emergency tenant protection act of nineteen seventy-four, and the administrative code of the city of New York, in relation to making technical corrections; and to repeal section 467-i of the real property tax law relating to real property tax abatement

Purpose

This bill makes technical amendments to Chapter 20 of the Laws of 2015 in relation to the procedure for the deregulation of housing accommodations subject to rent regulation in order to effectuate the intent of, and agreement between, the parties.

Summary of provisions

Sections 1-5 of this bill amend several provisions of the rent regulation laws relating to the deregulation of housing accommodations subject to rent regulation. This bill eliminates any confusion relating to the methodology for determining whether a housing accommodation is deregulated based upon the legal regulated rent as of the date of such vacancy.

Section 6 of the bill repeals section 467-I of the real property tax law.

Justification

This bill clarifies the statutory language relating to the deregulation of housing accommodations, the need for which arises due to technical errors in Chapter 20, and is necessary to ensure that the methodology, which has been in effect since the enactment of the Rent Regulation Reform Act of 1997 relating to the deregulation of such housing accommodations, continues in full force and effect.

This bill clarifies technical errors to provide that the statute is consistent with the Division of Homes and Community Renewal's, lease rider, which was revised by HCR subsequent to the enactment of Chapter 20, and which is required by law to be provided to tenants along with the initial lease to the initial tenant subsequent to the prior vacancy. Included among the rider's provisions is a chart in which the owner sets forth the calculations to demonstrate to the first deregulated tenant the lawful increases subsequent to the prior vacancy resulting in the deregulation of the housing accommodation. Notwithstanding other modifications made to the lease rider arising from the enactment of Chapter 20, the same deregulation methodology that was contained in the agency's rider prior to the enactment of Chapter 20 continues subsequent to the enactment of Chapter 20. The rider remains unchanged for the purposes of the methodology for deregulation. This bill makes technical changes to ensure consistency in the application of deregulation.

Also, the same 2015 law included two versions of a real property tax abatement available for New York City buildings subject to the Emergency Housing Rent Control Law or the New York City Rent and Rehabilitation Law or the Emergency Tenant Protection Act of 1974.

Section 64-a and Section 65 of the Chapter are the competing versions of the program. The New York State Department of Taxation and Finance issued a notice in October, 2015, stating, "Until further notice,

Section 65 is the operative real property tax abatement." (N-15-12) This bill would repeal RPTL § 467-i enacted under Section 64-a of Chapter 20 of the Laws of 2015.

Fiscal implications

None

Effective date

This bill takes effect immediately and is intended to be retroactive in force and effect to the date of enactment of Chapter 20 of the Laws of 2015.