New York State Bill A6532
[ Summary ]
[ Memo ]
Text of New York State Bill A06532
S T A T E O F N E W Y O R K
________________________________________________________________________
6532
1997-1998 Regular Sessions
I N A S S E M B L Y
March 20, 1997
___________
Introduced by M. of A. LOPEZ, WRIGHT, KLEIN, SANDERS, STRINGER, DINOWITZ
-- Multi-Sponsored by -- M. of A. BOYLAND, COLTON, GLICK, GOTTFRIED,
GRANNIS, GREEN, GREENE, JACOBS, LAFAYETTE, MAYERSOHN, NOLAN, ORTIZ,
PHEFFER, POLONETSKY, E. C. SULLIVAN, WEINSTEIN -- read once and
referred to the Committee on Housing
AN ACT to amend the local emergency housing rent control act, in
relation to rent regulation laws
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 5 of section 1 of chapter 21 of the laws of
2 1962, constituting the local emergency housing rent control act, as
3 separately amended by chapters 371, 373 and 1012 of the laws of 1971,
4 the second undesignated paragraph as amended by chapter 679 of the laws
5 of 1994 and the third undesignated paragraph as added by chapter 69 of
6 the laws of 1980, is amended to read as follows:
7 5. Authority for local rent control legislation. Each city having a
8 population of one million or more, acting through its local legislative
9 body, may adopt and amend local laws or ordinances in respect of the
10 establishment or designation of a city housing rent agency. When it
11 deems such action to be desirable or necessitated by local conditions in
12 order to carry out the purposes of this section, such city, except as
13 hereinafter provided, acting through its local legislative body and not
14 otherwise, may adopt and amend local laws or ordinances in respect of
15 the regulation and control of residential rents, including but not
16 limited to provision for the establishment and adjustment of maximum
17 rents, the classification of housing accommodations, the regulation of
18 evictions, and the enforcement of such local laws or ordinances. The
19 validity of any such local laws or ordinances, and the rules or regu-
20 lations promulgated in accordance therewith, shall not be affected by
21 and need not be consistent with the state emergency housing rent control
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD08487-02-7
A. 6532 2
1 law or with rules and regulations of the state division of housing and
2 community renewal.
3 Notwithstanding any local law or ordinance, housing accommodations
4 which became vacant on or after July first, nineteen hundred seventy-one
5 or which hereafter become vacant shall be subject to the provisions of
6 the emergency tenant protection act of nineteen seventy-four, provided,
7 however, that this provision shall not apply or become effective with
8 respect to housing accommodations which, by local law or ordinance, are
9 made directly subject to regulation and control by a city housing rent
10 agency and such agency determines or finds that the housing accommo-
11 dations became vacant because the landlord or any person acting on his
12 behalf, with intent to cause the tenant to vacate, engaged in any course
13 of conduct (including but not limited to, interruption or discontinuance
14 of essential services) which interfered with or disturbed or was
15 intended to interfere with or disturb the comfort, repose, peace or
16 quiet of the tenant in his use or occupancy of the housing accommo-
17 dations. The removal of any housing accommodation from regulation and
18 control of rents pursuant to the vacancy exemption provided for in this
19 paragraph shall not constitute or operate as a ground for the subjection
20 to more stringent regulation and control of any housing accommodation in
21 such property or in any other property owned by the same landlord,
22 notwithstanding any prior agreement to the contrary by the landlord. The
23 vacancy exemption provided for in this paragraph shall not arise with
24 respect to any rented plot or parcel of land otherwise subject to the
25 provisions of this act, by reason of a transfer of title and possession
26 occurring on or after July first, nineteen hundred seventy-one of a
27 dwelling located on such plot or parcel and owned by the tenant where
28 such transfer of title and possession is made to a member of the
29 tenant`s immediate family provided that the member of the tenant`s imme-
30 diate family occupies the dwelling with the tenant prior to the transfer
31 of title and possession for a continuous period of two years.
32 The term "immediate family" shall include a husband, wife, son, daugh-
33 ter, stepson, stepdaughter, father, mother, father-in-law or mother-in-
34 law.
35 {Notwithstanding the foregoing, no local law or ordinance shall here-
36 after provide for the regulation and control of residential rents and
37 eviction in respect of any housing accommodations which are (1) present-
38 ly exempt from such regulation and control or (2) hereafter decontrolled
39 either by operation of law or by a city housing rent agency, by order or
40 otherwise. No housing accommodations presently subject to regulation and
41 control pursuant to local laws or ordinances adopted or amended under
42 authority of this subdivision shall hereafter be by local law or ordi-
43 nance or by rule or regulation which has not been theretofore approved
44 by the state commissioner of housing and community renewal subjected to
45 more stringent or restrictive provisions of regulation and control than
46 those presently in effect.}
47 Notwithstanding the foregoing, no local law or ordinance shall subject
48 to such regulation and control any housing accommodation which is not
49 occupied by the tenant in possession as his primary residence; provided,
50 however, that such housing accommodation not occupied by the tenant in
51 possession as his primary residence shall continue to be subject to
52 regulation and control as provided for herein unless the city housing
53 rent agency issues an order decontrolling such accommodation, which the
54 agency shall do upon application by the landlord whenever it is estab-
55 lished by any facts and circumstances which, in the judgment of the
56 agency, may have a bearing upon the question of residence, that the
A. 6532 3
1 tenant maintains his primary residence at some place other than at such
2 housing accommodation.
3 S 2. This act shall take effect immediately; provided, however, that
4 the amendment made to subdivision 5 of section 1 of chapter 21 of the
5 laws of 1962 by this act shall remain in full force and effect only so
6 long as the public emergency requiring the regulation and control of
7 residential rents and evictions continues, as provided in subdivision 3
8 of section 1 of the local emergency housing rent control act.