Set Annual Rent Adjustments

Section 1. Subdivision a of section 26-405 of the administrative code of the city of New York is amended by adding a new paragraph 10 to read as follows:

(10) (a) Notwithstanding any contrary provisions of this subdivision, effective January first, two thousand eighteen, maximum rents for housing accommodations subject to this chapter shall no longer be established pursuant to paragraphs three and four of this subdivision, or limited by paragraph five of this subdivision, or adjusted by subparagraph (l) or (n) of paragraph one of subdivision g of this section.

(b) Except as otherwise provided in this paragraph, the rent guidelines board established pursuant to section 26-510 of this title shall establish annual rates of rent adjustment for the class of housing accommodations subject to this chapter, in the manner provided by such section. The fact that the housing accommodation is subject to this chapter may not be considered as a factor in determining the rate of rent adjustment. Not later than October first, two thousand seventeen, and not later than October first annually thereafter, the rent guidelines board shall file with the city clerk and the division of housing and community renewal its findings established in consideration of the economic factors listed in subdivision b of section 26-510 of this title, and shall accompany such findings with a statement of the maximum rate or rates of rent adjustment, if any, for one or more classes of accommodations subject to this chapter authorized for the adjustment of

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04932-02-7

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the maximum rent of the housing accommodation for the twelve month period commencing January first, two thousand seventeen and for each succeeding twelve month period.

(c) Effective January first, two thousand eighteen, the maximum rent collectible from the tenant shall be the maximum rent collectible on December thirty-first, two thousand seventeen, as such rent may be adjusted pursuant to subparagraph (b) of this paragraph annually, without an order of the city rent agency, or as adjusted pursuant to any other provision of this chapter, provided that a landlord shall not collect any rent increase or adjustment otherwise collectible under subparagraph (b) of this paragraph unless and until the first rent payment date after the landlord certifies to the city rent agency that all rent impairing violations, as defined by section three hundred two-a of the multiple dwelling law, and at least eighty per centum of all other violations of the housing maintenance code or other state or local laws that impose requirements on property and which were recorded against the property on July first, two thousand fourteen, or July first of the year preceding the adjustment, whichever is later, have been cleared, corrected or abated and the landlord has received an order of eligibility from the city rent agency that the violation clearing requirements set forth above have been met and further authorizing the landlord to collect any rent increase or adjustment authorized pursuant to subparagraph (b) of this paragraph, and the landlord has served such order upon the tenant residing in the housing accommodation and that the landlord has maintained all essential and required services pursuant to sections 2202.16 and 2102.4 of the New York city rent and eviction regulations. Any housing accommodation for which a rent increase pursuant to paragraphs three and four of this subdivision has taken effect on or after July first, two thousand seventeen shall not be subject to an initial rent adjustment pursuant to this subparagraph until January first, two thousand nineteen.

(d) Maximum rates of rent adjustment shall not be established more than once annually for any housing accommodation subject to this chapter within the rent guidelines board's jurisdiction. Once established, no such rate shall be adjusted by any surcharge, supplementary adjustment, reopener or other modification.

(e) Nothing contained in this paragraph shall alter, restrict or impair an owner's right to establish the initial regulated rent for accommodations subject to this chapter which become vacant.

§ 2. Section 4 of chapter 274 of the laws of 1946, constituting the emergency housing rent control law, is amended by adding a new subdivision 9 to read as follows:

9. Notwithstanding any contrary provisions of this law, effective January first, two thousand eighteen, except as otherwise provided in this subdivision, the rent for housing accommodations subject to this chapter located in the counties of Westchester and Nassau shall be adjusted as follows:

(a) The county rent boards established pursuant to section 4 of the emergency tenant protection act of nineteen seventy-four, shall establish annual rent adjustments for the class of housing accommodations subject to this chapter located in the counties of Westchester and Nassau, in the manner provided by such section. The fact that the housing accommodation is subject to this law may not be considered as a factor in determining the rate of rent adjustment. Not later than October first, two thousand seventeen, and not later than October first annually thereafter, the county rent boards shall file with the commis-

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sion their findings established in consideration of the economic factors listed in subdivision b of section 4 of the emergency tenant protection act of nineteen seventy-four, and shall accompany such findings with a statement of the maximum rate or rates of rent adjustment, if any, for one or more classes of accommodations subject to this law within such counties authorized for the adjustment of the maximum rent of the housing accommodation for the twelve month period commencing January first, two thousand eighteen, and for each succeeding twelve month period.

(b) Effective January first, two thousand eighteen, the maximum rent collectible from the tenant shall be the maximum rent collectible on December thirty-first, two thousand seventeen, as such rent may be adjusted pursuant to paragraph (a) of this subdivision annually, without an order of the commission, or as adjusted pursuant to any other provision of this law. However, no such increase pursuant to paragraph (a) of this subdivision shall be authorized until the expiration of twelve months from the effective date of any rent adjustment authorized pursuant to regulations adopted for rent adjustments to compensate for unavoidable increased costs of operations as provided for under this law.

(c) Maximum rates of rent adjustment shall not be established more than once annually for any housing accommodation subject to this law within a board's jurisdiction. Once established, no such rate shall be adjusted by any surcharge, supplementary adjustment, reopener or other modification.

(d) Nothing contained in this paragraph shall alter, restrict or impair an owner's right to establish the initial regulated rent for accommodations subject to this law which become vacant.

§ 3. This act shall take effect immediately; provided that the amendments to section 26-405 of the city rent and rehabilitation law made by section one of this act shall remain in full force and effect only as long as the public emergency requiring the regulation and control of residential rents and evictions continues, as provided in subdivision 3 of section 1 of the local emergency housing rent control act; and provided that the amendments to section 4 of the emergency housing rent control law made by section two of this act shall expire on the same date as such law expires and shall not affect the expiration of such law as provided in subdivision 2 of section 1 of chapter 274 of the laws of 1946.