What's happening
This bill repeals provisions allowing high income rent deregulation in New York, ending deregulation based on tenant income.
Why it matters
Closes a major loophole in rent regulation. By repealing high-income rent deregulation, the bill ensures that tenants cannot lose rent-stabilized status simply due to their income, preserving protections for a broader range of renters.
Stabilizes the supply of regulated, affordable apartments. Ending deregulation based on tenant income prevents landlords from moving more units to market-rate, which helps maintain the availability of affordable housing in New York City and other affected areas.
Reduces incentives for tenant harassment or displacement. Landlords previously had a financial motive to investigate tenants’ incomes and potentially pressure higher-income tenants to leave in order to convert units to market rate. Removing this mechanism may result in less tenant harassment and more housing security.
Signals a shift in housing policy focus. The repeal reflects a broader policy intent to protect rent regulation as a tool for housing stability, regardless of tenant income, prioritizing long-term affordability over targeted means-testing.
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Who cares
Tenants subject to high-income rent deregulation
The bill would repeal the high-income deregulation provisions of the Emergency Tenant Protection Act and New York City’s rent laws.
Owners of rent-regulated apartments
The bill would eliminate the high-income deregulation route under the cited state and city provisions.
State and New York City rent regulators
The bill would require them to stop applying the repealed high-income deregulation provisions immediately upon its effective date.
Headline styles
End High-Income Rent Deregulation
Plain English, a few words. Used as the page title.
Sponsors
History
- Recommit, enacting clause stricken
- Referred to housing, construction and community development
- Referred to housing, construction and community development
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6001
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
Introduced by Sens. HOYLMAN, KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development
AN ACT to repeal paragraph 12 of subdivision a of section 5 of the emergency tenant protection act of nineteen seventy-four, relating to high income rent deregulation; to repeal section 5-a of the emergency tenant protection act of nineteen seventy-four, relating to high income rent deregulation; and to repeal section 26-504.3 of the administrative code of the city of New York, relating to high income rent deregulation
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph 12 of subdivision a of section 5 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, is REPEALED.
§ 2. Section 5-a of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, is REPEALED.
§ 3. Section 26-504.3 of the administrative code of the city of New York is REPEALED.
§ 4. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11703-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to repeal paragraph 12 of subdivision a of section 5 of the emer- gency tenant protection act of nineteen seventy-four, relating to high income rent deregulation; to repeal section 5-a of the emergency tenant protection act of nineteen seventy-four, relating to high income rent deregulation; and to repeal section 26-504.3 of the administrative code of the city of New York, relating to high income rent deregulation
Summary of provisions
Section 1 of the bill repeals paragraph 12 of subdivision a of section 5 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four.
Section 2 of the bill repeals section 5-a of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four.
Section 3 of the bill repeals section 26-504. 3 of the administrative code of the city of New York.
Section 4 of the bill establishes the effective date.
Justification
This bill repeals provisions of the Emergency Tenant Protection Act of 1974 and the NYC Administrative Code that allow for the deregulation of a rent-regulated housing accommodation upon renewal of a lease when the monthly rent reaches $2,700 and the combined annual income of all persons that occupy the housing accommodation as their primary residence exceeds $200,000 for each of the two preceding calendar years.
It is more important than ever, given the severe shortage of affordable housing that New York City is currently facing, to preserve the rent-re- gulated status of as many housing units as possible. Regardless of who occupies a housing accommodation, it is incumbent upon New York State to take action to prevent the deregulation of affordable units that have helped to preserve the local character and habitability of neighborhoods that grow more expensive and less accessible by the day.
Under this statute, tenants are currently required to submit to an extensive certification process to prove their annual income levels, and landlords can bring eviction proceedings against tenants who fail to certify their income.
Tenants living with roommates to try and cope with the increasing cost of living in New York City are negatively affected by this provision of law, as are those cohabitating with working family members. New York should be finding ways to increase its affordable housing stock and make the city more livable for all, not to deregulate the rent-regulated units we do have which provide important stability for our middle class and our seniors.
Legislative history
New bill
Fiscal implications for state and local governments
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.