What's happening
This bill prevents landlords from raising rents upon vacancy if the unit was not maintained in a habitable condition.
Why it matters
Targets landlord neglect. The bill specifically blocks landlords from raising rents after a tenant moves out if the vacancy was caused by the landlord's failure to keep the unit habitable (i.e., violating the warranty of habitability), incentivizing proper maintenance.
Protects tenants from indirect displacement. By removing the financial reward for neglecting repairs (which can pressure or push tenants to leave), this legislation aims to reduce situations where landlords might let conditions deteriorate to force turnover and raise rents.
Connects rent increases to legal compliance. Landlords must prove compliance with habitability standards before they can reset rents to higher legal limits upon vacancy, tying financial gain to responsible property management.
Impacts rent regulation and deregulation thresholds. The bill could slow the process by which rent-regulated units exit regulation due to vacancy increases, preserving more affordable housing stock when neglect is a factor in tenant turnover.
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Who cares
Rent-regulated tenants paying preferential rents
The bill would prevent owners from using lease renewal to reset their rent to the higher legal regulated rent.
Owners of rent-regulated apartments
The bill would preserve their option to charge the adjusted legal regulated rent upon vacancy, but not upon renewal or when their failure to maintain habitable conditions caused the vacancy.
Tenants leaving uninhabitable apartments
The bill would bar a vacancy-based reset to the legal regulated rent when the departure resulted from the owner’s or their agent’s failure to comply with the warranty of habitability.
Headline styles
Stop Preferential Rent Hikes
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to housing
- Referred to housing
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.
Stop Preferential Rent Hikes
In Senate Committee · Housing, Construction And Community Development · Sponsor Liz Krueger
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
741
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. BICHOTTE -- 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 the regulation of rents
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision (a-2) of section 10 of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, as amended by section 11 of part A of chapter 20 of the laws of 2015, is amended to read as follows:
(a-2) Provides that where the amount of rent charged to and paid by the tenant is less than the legal regulated rent for the housing accommodation, the amount of rent for such housing accommodation which may be charged [upon renewal or] upon vacancy thereof, may, at the option of the owner, be based upon such previously established legal regulated rent, as adjusted by the most recent applicable guidelines increases and other increases authorized by law; provided, however, that such vacancy shall not be caused by the failure of the owner or an agent of the owner, to maintain the housing accommodation in compliance with the warranty of habitability set forth in subdivision one of section two hundred thirty-five-b of the real property law. Such housing accommodation shall be excluded from the provisions of this act pursuant to paragraph thirteen of subdivision a of section five of this act when subsequent to vacancy: (i) such legal regulated rent is two thousand five hundred dollars per month, or more, for any housing accommodation that is, or becomes, vacant after the effective date of the rent act of 2011 but prior to the effective date of the rent act of 2015 or (ii) such legal regulated rent is two thousand seven hundred dollars per month or more for any housing accommodation that is or becomes vacant on or after the rent act of 2015; starting on January 1, 2016, and annually
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06860-01-7
A. 741 2
thereafter, the maximum legal regulated rent for this deregulation threshold, shall also be increased by the same percent as the most recent one year renewal adjustment, adopted by the applicable rent guidelines board pursuant to the rent stabilization law.
§ 2. Paragraph 14 of subdivision c of section 26-511 of the administrative code of the city of New York, as amended by section 12 of part A of chapter 20 of the laws of 2015, is amended to read as follows:
(14) provides that where the amount of rent charged to and paid by the tenant is less than the legal regulated rent for the housing accommodation, the amount of rent for such housing accommodation which may be charged [upon renewal or] upon vacancy thereof, may, at the option of the owner, be based upon such previously established legal regulated rent, as adjusted by the most recent applicable guidelines increases and any other increases authorized by law; provided, however, that such vacancy shall not be caused by the failure of the owner or an agent of the owner, to maintain the housing accommodation in compliance with the warranty of habitability set forth in subdivision one of section two hundred thirty-five-b of the real property law. Such housing accommodation shall be excluded from the provisions of this code pursuant to section 26-504.2 of this chapter when, subsequent to vacancy: (i) such legal regulated rent prior to vacancy is two thousand five hundred dollars per month, or more, for any housing accommodation that is or becomes vacant after the effective date of the rent act of 2011 but prior to the effective date of the rent act of 2015 or (ii) such legal regulated rent is two thousand seven hundred dollars per month or more, provided, however that on January 1, 2016, and annually thereafter, the maximum legal regulated rent for this deregulation threshold shall be adjusted by the same percentage as the most recent one year renewal adjustment as adjusted by the relevant rent guidelines board, for any housing accommodation that is or becomes vacant on or after the rent act of 2015.
§ 3. This act shall take effect immediately; provided, however, that the amendments to section 10 of the emergency tenant protection act of nineteen seventy-four made by section one 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; and provided, further, that the amendments to section 26-511 of the rent stabilization law of nineteen hundred sixty-nine 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 under section 26-520 of such law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.