What's happening
This bill makes technical corrections to rent regulation laws and repeals a real property tax abatement section in New York.
Why it matters
Extends the window for loft tenant registration. The bill increases the period during which tenants in interim multiple dwellings (such as lofts) can apply for legal coverage and protections from two years to four years, potentially allowing more residents to gain legal status and tenant protections.
Clarifies rent deregulation language. The bill replaces ambiguous or outdated wording regarding when apartments become eligible for deregulation based on rent thresholds. This technical correction helps ensure landlords, tenants, and regulators have clearer guidance on which units can be removed from rent regulation, reducing legal confusion or disputes.
Repeals a specific property tax abatement. By repealing section 467-i of the real property tax law, the bill eliminates a tax abatement program. This could impact landlords or property owners who previously benefited from this incentive, potentially affecting their financial planning or property management decisions.
Improves transparency for tenants leaving rent regulation. The bill requires landlords to provide detailed, certified written notice to tenants when an apartment is removed from rent regulation, including the last regulated rent and the calculation for the new rent. This transparency empowers tenants to verify their rent history and understand their rights during deregulation transitions.
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Who cares
Headline styles
Fix Rent Control Language
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 45
No co-sponsors yet.
History
- Referred to housing, construction and community development
- Returned to senate
- Died in assembly
- Referred to housing
- Delivered to assembly
- Passed senateVote 39–23
- Ordered to third reading cal.1581
- Referred to rules
Full text
6 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6662
2017-2018 Regular Sessions
IN SENATE
June 9, 2017
Introduced by Sen. LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the multiple dwelling law, the emergency housing rent control law, the emergency tenant protection act of nineteen seventyfour, 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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 282-a of the multiple dwelling law, as amended by section 22 of part A of chapter 20 of the laws of 2015, is amended to read as follows:
1. All applications for registration as an interim multiple dwelling or for coverage of residential units under this article shall be filed with the loft board within six months after the date the loft board shall have adopted all rules or regulations necessary in order to implement the provisions of chapter one hundred forty-seven of the laws of two thousand ten, provided, however, that applications for registration as an interim multiple dwelling or for coverage of residential units under this article may also be filed for a [two-year] four-year period starting from the effective date of [the] part A of chapter twenty of the laws of two thousand fifteen which amended this section. The loft board may subsequently amend such rules and regulations but such amendments shall not recommence the time period in which applications may be filed.
§ 2. Paragraph (n) of subdivision 2 of section 2 of chapter 274 of the laws of 1946, constituting the emergency housing rent control law, as amended by section 7 of part A of chapter 20 of the laws of 2015, is amended to read as follows:
(n) any housing accommodation with a maximum rent of two thousand dollars or more per month at any time between the effective date of this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13168-01-7
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paragraph and October first, nineteen hundred ninety-three which is or becomes vacant on or after the effective date of this paragraph; or, for any housing accommodation with a maximum rent of two thousand dollars or more per month at any time on or after the effective date of the rent regulation reform act of 1997 and before the effective date of the rent act of 2011, which is or becomes vacant on or after the effective date of the rent regulation reform act of 1997 and before the effective date of the rent act of 2011. This exclusion shall apply regardless of whether the next tenant in occupancy or any subsequent tenant in occupancy is charged or pays less than two thousand dollars a month; or, for any housing accommodation with a maximum rent of two thousand five hundred dollars or more per month at any time on or after the effective date of the rent act of 2011, which is or becomes vacant on or after such effective date, but prior to the effective date of the rent act of 2015; or, any housing accommodation with a legal regulated rent [that was] of two thousand seven hundred dollars or more per month at any time on or after the effective date of the rent act of 2015, which becomes vacant after the effective date of the rent act of 2015, provided, however, that starting on January 1, 2016, and annually thereafter, the maximum legal regulated rent for this deregulation threshold, shall also be increased by the same percentage as the most recent one year renewal adjustment, adopted by the applicable rent guidelines board. This exclusion shall apply regardless of whether the next tenant in occupancy or any subsequent tenant in occupancy actually is charged or pays less than two thousand seven hundred dollars, as adjusted by the applicable rent guidelines board, per month. An exclusion pursuant to this paragraph shall not apply, however, to or become effective with respect to housing accommodations which the commissioner determines or finds that the landlord or any person acting on his or her behalf, with intent to cause the tenant to vacate, has engaged in any course of conduct (including, but not limited to, interruption or discontinuance of required services) which interfered with or disturbed or was intended to interfere with or disturb the comfort, repose, peace or quiet of the tenant in his or her use or occupancy of the housing accommodations and in connection with such course of conduct, any other general enforcement provision of this law shall also apply.
§ 3. Paragraph 13 of subdivision a of section 5 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 8 of part A of chapter 20 of the laws of 2015, is amended to read as follows:
(13) any housing accommodation with a legal regulated rent of two thousand dollars or more per month at any time between the effective date of this paragraph and October first, nineteen hundred ninety-three which is or becomes vacant on or after the effective date of this paragraph; or, for any housing accommodation with a legal regulated rent of two thousand dollars or more per month at any time on or after the effective date of the rent regulation reform act of 1997 and before the effective date of the rent act of 2011, which is or becomes vacant on or after the effective date of the rent regulation reform act of 1997 and before the effective date of the rent act of 2011. This exclusion shall apply regardless of whether the next tenant in occupancy or any subsequent tenant in occupancy is charged or pays less than two thousand dollars a month; or, for any housing accommodation with a legal regulated rent of two thousand five hundred dollars or more per month at any time on or after the effective date of the rent act of 2011, which is or becomes vacant on or after such effective date, but prior to the effec-
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tive date of the rent act of 2015; or, any housing accommodation with a legal regulated rent [that was] of two thousand seven hundred dollars or more per month at any time on or after the effective date of the rent act of 2015, which becomes vacant after the effective date of the rent act of 2015, provided, however, that starting on January 1, 2016, and annually thereafter, the maximum legal regulated rent for this deregulation threshold, shall also be increased by the same percentage as the most recent one year renewal adjustment, adopted by the applicable rent guidelines board. An exclusion pursuant to this paragraph shall apply regardless of whether the next tenant in occupancy or any subsequent tenant in occupancy actually is charged or pays less than two thousand seven hundred dollars a month. Provided however, that an exclusion pursuant to this paragraph shall not apply to housing accommodations which became or become subject to this act (a) by virtue of receiving tax benefits pursuant to section four hundred twenty-one-a or four hundred eighty-nine of the real property tax law, except as otherwise provided in subparagraph (i) of paragraph (f) of subdivision two of section four hundred twenty-one-a of the real property tax law, or (b) by virtue of article seven-C of the multiple dwelling law. This paragraph shall not apply, however, to or become effective with respect to housing accommodations which the commissioner determines or finds that the landlord or any person acting on his or her behalf, with intent to cause the tenant to vacate, has engaged in any course of conduct (including, but not limited to, interruption or discontinuance of required services) which interfered with or disturbed or was intended to interfere with or disturb the comfort, repose, peace or quiet of the tenant in his or her use or occupancy of the housing accommodations and in connection with such course of conduct, any other general enforcement provision of this act shall also apply.
§ 4. Subparagraph (k) of paragraph 2 of subdivision e of section 26-403 of the administrative code of the city of New York, as amended by section 9 of part A of chapter 20 of the laws of 2015, is amended to read as follows:
(k) Any housing accommodation which becomes vacant on or after April first, nineteen hundred ninety-seven and before the effective date of the rent act of 2011, and where at the time the tenant vacated such housing accommodation the maximum rent was two thousand dollars or more per month; or, for any housing accommodation which is or becomes vacant on or after the effective date of the rent regulation reform act of 1997 and before the effective date of the rent act of 2011 with a maximum rent of two thousand dollars or more per month. This exclusion shall apply regardless of whether the next tenant in occupancy or any subsequent tenant in occupancy is charged or pays less than two thousand dollars a month; or, for any housing accommodation with a maximum rent of two thousand five hundred dollars or more per month at any time on or after the effective date of the rent act of 2011, which is or becomes vacant on or after such effective date, but prior to the effective date of the rent act of 2015; or, any housing accommodation with a legal regulated rent [that was] of two thousand seven hundred dollars or more per month at any time on or after the effective date of the rent act of 2015, which becomes vacant after the effective date of the rent act of 2015, provided, however, that starting on January 1, 2016, and annually 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 New York city rent guidelines board pursuant to the rent stabilization law. This exclusion
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shall apply regardless of whether the next tenant in occupancy or any subsequent tenant in occupancy actually is charged or pays less than two thousand seven hundred dollars a month. Provided however, that an exclusion pursuant to this subparagraph shall not apply to housing accommodations which became or become subject to this law by virtue of receiving tax benefits pursuant to section four hundred eighty-nine of the real property tax law. This subparagraph shall not apply, however, to or become effective with respect to housing accommodations which the commissioner determines or finds that the landlord or any person acting on his or her behalf, with intent to cause the tenant to vacate, has engaged in any course of conduct (including, but not limited to, interruption or discontinuance of required services) which interfered with or disturbed or was intended to interfere with or disturb the comfort, repose, peace or quiet of the tenant in his or her use or occupancy of the housing accommodations and in connection with such course of conduct, any other general enforcement provision of this law shall also apply.
§ 5. Section 26-504.2 of the administrative code of the city of New York, as amended by section 10 of part A of chapter 20 of the laws of 2015, is amended to read as follows:
§ 26-504.2 Exclusion of high rent accommodations. a. "Housing accommodations" shall not include: any housing accommodation which becomes vacant on or after April first, nineteen hundred ninety-seven and before the effective date of the rent act of 2011 and where at the time the tenant vacated such housing accommodation the legal regulated rent was two thousand dollars or more per month; or, for any housing accommodation which is or becomes vacant on or after the effective date of the rent regulation reform act of 1997 and before the effective date of the rent act of 2011, with a legal regulated rent of two thousand dollars or more per month; or for any housing accommodation that becomes vacant on or after the effective date of the rent act of 2015, [where such] with a legal regulated rent [was] of two thousand seven hundred dollars or more, and as further adjusted by this section. Starting on January 1, 2016, and annually 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 New York city rent guidelines board pursuant to the rent stabilization law. This exclusion shall apply regardless of whether the next tenant in occupancy or any subsequent tenant in occupancy is charged or pays less than two thousand dollars a month; or, for any housing accommodation with a legal regulated rent of two thousand five hundred dollars or more per month at any time on or after the effective date of the rent act of 2011, which is or becomes vacant on or after such effective date, but prior to the effective date of the rent act of 2015; or, any housing accommodation with a legal regulated rent [that was] of two thousand seven hundred dollars or more per month at any time on or after the effective date of the rent act of 2015, which becomes vacant after the effective date of the rent act of 2015, provided, however, that starting on January 1, 2016, and annually thereafter, such legal regulated rent for this deregulation threshold, shall also be increased by the same percentage as the most recent one year renewal adjustment, adopted by the New York city rent guidelines board. This exclusion shall apply regardless of whether the next tenant in occupancy or any subsequent tenant in occupancy actually is charged or pays less than two thousand seven hundred dollars, as adjusted by the applicable rent guidelines board, a month. Provided however, that an exclusion pursuant to this subdivision shall not apply
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Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the multiple dwelling law, 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
The purpose of this bill is to extend for two years the provisions of the Loft Law and to make 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
Section 1 of the bill amends section 282-a of the multiple dwelling law to extend the Loft Law for two years.
Read the full memo (611 words)
Sections 2-6 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 7 of the bill repeals section 467-I of the real property tax law.
Justification
This bill extends for two additional years all applications for registration as an interim multiple dwelling under the Loft Law.
This bill also 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 sections two through seven are intended to be retroactive in force and effect to the date of enactment of Chapter 20 of the Laws of 2015.
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