Text of Michels/Fields bill to Repeal Vacancy Decontrol
Although much shorter and simpler than Peter Vallone's Intro. 920-A, what was known as the Michels/Fields bill, or Intro. 930, would have repealed Vacancy Decontrol due to apartments renting over $2,000. Many in City Council indicated they realized the vote for Vacancy Decontrol in 1994 (Local Law 4 of 1994) was "a mistake." This bill would not alter the "High Income" decontrol for tenants whose income was $250,000 or over and made no attempt to retroactively save units lost due to Council Speaker Peter Vallone's pandering to the real estate industry and what appears to be an intentional "hands off" policy by DHCR. Although this bill did not emerge from the Housing Committee, there were reports that it would have been offered as a floor amendment when the full City Council reported on rent regulation renewal on March 25, 1997.This bill eventually was not offered on the floor of City Council: many of the earlier supporters backed off under reported threats from Peter Vallone. Simply put, when the time came, the support was not there and there were also reported procedural problems.
Due to internet limitations, deleted sections are contained [within brackets] and new material is contained within <<< triple angle brackets >>>.
Int. No. 930 By Council Member Michels, Fields, Leffler, Linares, Duane, Eldridge, Eristoff, Fisher, Miller, Freed, Povman and Albanese. A LOCAL LAW To amend the administrative code of the City of New York, in relation to continuing the rent stabilization laws and amending the rent stabilization and rent control laws with regard to maintaining rent regulation of apartments with a legal regulated rent of two thousand dollars per month or greater that are or become vacant. BE IT ENACTED BY THE COUNCIL AS FOLLOWS: Section 1. 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 local law number 4 for the year 1994, is amended to read as follows: (k) Any housing accommodation with a maximum rent of two thousand dollars or more per month which is or becomes vacant [on or after April first, nineteen hundred ninety-four] <<< before April first, nineteen hundred ninety-seven. >>> Provided however, that this exclusion 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 laws. 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 of 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. Section 2. Section 26-502 of the administrative code of the city of New York, as amended by local law number 4 for the year 1994, is amended to read as follows: Section 26-502 Additional findings end declaration of emergency. The council hereby finds that a serious public emergency continues to exist in the housing of a considerable number of persons within the city of New York and will continue to exist after April first, [nineteen hundred ninety-four] <<< nineteen hundred ninety-seven >>> and hereby reaffirms and repromulgates the findings and declaration set forth in section 26-501 of this title. Section 3. Section 26-504.2 of the administrative code of the city of New York, as amended by local law number 4 for the year 1994, is amended to read as follows: Section 26-504.2 Exclusion of high rent accommodations. "Housing accommodations" shall not include any housing accommodation with a legal regulated rent of two thousand dollars or more per month which is or becomes vacant [on or after April first, nineteen hundred ninety-four] <<< before April first, nineteen hundred ninety seven. >>> Provided however, that the exclusion shall not apply to housing accommodations which became or become subject to this law (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 section 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, 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 at this law shall also apply. Section 4. Section 26-520 of the administrative code of the city of New York, as amended by local law number 4 for the year 1994, is amended to read as follows; Section 26-520. Expiration date. This chapter shall expire on April first, [nineteen hundred ninety-seven] <<< two thousand >>> unless rent control shall sooner terminate as provided in subdivision three of section one of the local emergency housing rent control law. Section 5. This local law shall take effect immediately. hb96\INTROS\LS4265 1/2/97