What's happening
This bill prohibits rent guidelines boards from setting annual rent adjustments based on a unit’s current rent or time since the last increase.
Why it matters
Prevents sudden, large rent hikes for tenants in lower-rent units. by barring rent boards from using a unit’s current rent as a factor—helping ensure that tenants in less expensive apartments are not targeted for bigger increases simply because their rent is lower than average.
Closes a loophole that could have allowed “catch-up” rent increases. by prohibiting adjustments based on the amount of time since the last rent increase—meaning landlords cannot justify a bigger hike just because a tenant hasn’t had an increase in several years.
Reinforces focus on broader economic conditions. such as building operating costs, taxes, and vacancy rates—rather than tenant-specific factors, which could lead to fairer, more predictable rent adjustments for all rent-regulated tenants.
Provides greater stability and predictability for tenants. by ensuring rent adjustments are not tied to individual circumstances, helping renters plan their finances and reducing the risk of displacement due to unpredictable or targeted rent increases.
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Who cares
Headline styles
Limit Rent Board Criteria
Plain English, a few words. Used as the page title.
Sponsors
8 Co-sponsors
1 Multi-sponsor
History
- Referred to housing
- Referred to housing
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5090
2017-2018 Regular Sessions
IN ASSEMBLY
February 6, 2017
Introduced by M. of A. ROSENTHAL, DINOWITZ, GLICK, GOTTFRIED, ABINANTI, COOK, COLTON, HOOPER, MOSLEY, FARRELL -- Multi-Sponsored by -- M. of A. PERRY -- read once and referred to the Committee on Housing
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 prohibiting a county rent guidelines board from establishing rent adjustments for class A dwelling units based on certain considerations
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The opening paragraph of subdivision b of section 4 of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, as amended by chapter 403 of the laws of 1983, is amended to read as follows:
A county rent guidelines board shall establish annually guidelines for rent adjustments which, at its sole discretion may be varied and different for and within the several zones and jurisdictions of the board, and in determining whether rents for housing accommodations as to which an emergency has been declared pursuant to this act shall be adjusted, shall consider among other things (1) the economic condition of the residential real estate industry in the affected area including such factors as the prevailing and projected (i) real estate taxes and sewer and water rates, (ii) gross operating maintenance costs (including insurance rates, governmental fees, cost of fuel and labor costs), (iii) costs and availability of financing (including effective rates of interest), (iv) over-all supply of housing accommodations and over-all vacancy rates, (2) relevant data from the current and projected cost of living indices for the affected area, (3) such other data as may be made available to it. As soon as practicable after its creation and thereafter not later than July first of each year, a rent guidelines board shall file with the state division of housing and community renewal its find-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05267-01-7
A. 5090 2
ings for the preceding calendar year, 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 accommodation subject to this act, authorized for leases or other rental agreements commencing during the next succeeding twelve months. The standards for rent adjustments may be applicable for the entire county or may be varied according to such zones or jurisdictions within such county as the board finds necessary to achieve the purposes of this subdivision. A county rent guidelines board shall not establish annual guidelines for rent adjustments based on the current rental cost of a unit or on the amount of time that has elapsed since another rent increase was authorized pursuant to this chapter.
§ 2. Subdivision b of section 26-510 of the administrative code of the city of New York is amended to read as follows:
b. The rent guidelines board shall establish annually guidelines for rent adjustments, and in determining whether rents for housing accommodations subject to the emergency tenant protection act of nineteen seventy-four or this law shall be adjusted shall consider, among other things (1) the economic condition of the residential real estate industry in the affected area including such factors as the prevailing and projected (i) real estate taxes and sewer and water rates, (ii) gross operating maintenance costs (including insurance rates, governmental fees, cost of fuel and labor costs), (iii) costs and availability of financing (including effective rates of interest), (iv) over-all supply of housing accommodations and over-all vacancy rates, (2) relevant data from the current and projected cost of living indices for the affected area, (3) such other data as may be made available to it. Not later than July first of each year, the rent guidelines board shall file with the city clerk its findings for the preceding calendar year, 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, authorized for leases or other rental agreements commencing on the next succeeding October first or within the twelve months thereafter. Such findings and statement shall be published in the City Record. The rent guidelines board shall not establish annual guidelines for rent adjustments based on the current rental cost of a unit or on the amount of time that has elapsed since another rent increase was authorized pursuant to this title.
§ 3. This act shall take effect immediately; provided that the amendments to section 4 of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventyfour, made by section one of this act, shall not affect the expiration of such section and shall be deemed to expire therewith; and provided further that the amendments to subdivision b of section 26-510 of the administrative code of the city of New York made by section two of this act, shall not affect the expiration of such subdivision and shall be deemed to expire therewith.
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