New York State Bill A6532

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Text of New York State Bill A06532

                           S T A T E   O F   N E W   Y O R K


                              1997-1998 Regular Sessions

                                 I N  A S S E M B L Y

                                    March 20, 1997

         --  Multi-Sponsored  by -- M. of A. BOYLAND, COLTON, GLICK, GOTTFRIED,
         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


    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.

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    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

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    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.

Bill A6532
[ Summary ] [ Memo ]