Wednesday, June 13, 2012

What's up in Albany?





The State Assembly is voting on a package of rent regulation bills that include many of those in R3's legislative proposal.   





2012 Rent Regulation Package

Landlord Hardship Rent Increase
A2881 (RR 78) Kavanagh
Same as S1298 Duane
Extends from 3 to 6 years the time a building must be owned in order to qualify for an alternative hardship exemption from rent regulation

Landlord Use
A3033 (RR 44) V Lopez
Same as S81 Squadron Limits a landlord's ability to take possession of units for their own primary residence to cases of immediate and compelling necessity, permit recovery of only one unit, and restrict such ability if the tenant has occupied the apartment for twenty or more years


MCI capped
A2459-A (Cal 445) O’Donnell Same as S523a Krueger, L.
Codifies the MCI (major capital improvement) as a surcharge to the legal regulated rent which is separately designated and billed as such, and mandates that the authorized surcharge for MCI's ceases after the cost of the improvement is recouped


Former Mitchell-Lamas rent stabilized; retroactive & prospective.
A2750-A (Cal 448) Pretlow
No equivalent bill in the Senate.
Includes former Mitchell Lama buildings that have undergone a voluntary dissolution under the protection of the rent stabilization law, regardless of the date of initial occupancy



Preferential Rents A1364-A (Cal 442) Jeffries
No equivalent bill in the Senate.
Prohibits an owner from adjusting a preferential rent upon the renewal of a lease



Rent control
A1892-A (Cal 444) Rosenthal
Same as S5699a Espaillat
Makes rent controlled apartments subject to the same formula for calculating rent as rent stabilized apartments



RGB Limitation 
A7234a (RR 93) Rosenthal
Same as S5603a Espaillat
Prohibits a Rent Guidelines Board from adjusting rent in the absence of legislative authorization



Former Sec.8 projects become rent stabilized
A2994 (Cal 449) V Lopez /span>
Same as S580 Klein Includes former Section 8 projects (including those built after 1973) in the types of multiple dwellings that are covered by the New York City Rent Stabilization Law



Statute of Limitations for de-regulation 
A1682 (RR43) Jeffries
Same as S57 Squadron
Provides that the statute of limitations period for challenging deregulation of a rent-regulated apartment and claim of  overcharge  is  tolled  if  the landlord fails to file and serve the appropriate notice. 




Vacancy Decontrol
A2430a (RR 138) Rosenthal
Same as S1193a Stewart-Cousins
Repeals Provisions of New York State and New York City statutes that remove apartments from rent stabilization or rent control when such apartments are vacated and could be rented under such statutes for monthly rents of $2,000 or more.




Vacancy increase reduced
A2593-A (Cal 446) V Lopez
No equivalent bill in the Senate.
Decreases from twenty percent to ten percent the amount a landlord could increase rent upon vacancy