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Key Votes

S 6458 - Increases State Rent Control Protections and Stabilization Rules - New York Key Vote

David Buchwald voted Nay (Passage) on this Legislation.

Read statements David Buchwald made in this general time period.

Timeline

Issues Related to S 6458

Stage Details

Legislation - Signed (Executive) -

Title: Increases State Rent Control Protections and Stabilization Rules

Legislation - Bill Passed (House) (95-46) - (Key vote)
See How Your Politicians Voted

Title: Increases State Rent Control Protections and Stabilization Rules

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to pass a bill that increases state rental protections and stabilization rules.

Highlights:

 

  • Establishes the permanency of rent regulations dating back to 1969 that previously depended on renewal every 4 to 8 years (Part A).

  • Prohibits county rent guidelines boards from authorizing rent increases for buildings that have 3 or more residential dwelling units, also known as class A dwelling units, based on the rental cost of a unit or on the amount of time since the previous rent increase was authorized (Part C).

  • Specifies that complaints concerning unlawful rent increases within the last 6 years can be filed with the state division of house and community renewal or a court of competent jurisdiction (Part F).

  • Authorizes the creation of rent guidelines boards for any city with less than a million inhabitants, and any town or village that determines the presence of a housing emergency (Part G, Sec. 5). 

  • Prohibits rent increases based on changes in fuel prices, also known as fuel pass along (Part H, Sec. 4). 

  • Permits landlords to repossess a single residence for personal use as their or their immediate family’s primary residence in the case of “immediate and compelling necessity” unless a tenant (Part I):

    • Is 62 years of age or older;

    • Has been a tenant for 15 years or more; or

    • Has a permanent impairment that interferes with substantial gainful employment.

  • Specifies that those who are homeless or at risk for homelessness will be considered tenants if they live under permanent housing accommodations provided by not-for-profit organizations (Part J). 

  • Reduces the percentage landlords can increase rents that come from Major Capital Improvements (MCIs) and Individual Apartment Improvements (IAIs), and limits these improvements to a cost of no more than $15,000 for 3 IAIs within a 15-year span (Part K).

  • Repeals IAI and MCI rent increases after 30 years in effect (Part K). 

  • Establishes conditions for the consideration of temporary MCIs increases that include, but are not limited to, improvements essential for the (Part K):

    • Preservation of the building;

    • Energy efficiency of the building;

    • Functionality of the building; or

    • Infrastructure of the building. 

  • Requires the landlord to reduce temporary MCI increases by the amount of any governmental grant and or insurance payment used by the landlord towards the cost of the MCI (Part K).

  • Prohibits IAI and temporary MCI increases for buildings and housing accommodations with outstanding and or immediately hazardous violations of the Uniform Fire Prevention and Building Code, New York City Fire Code, or New York City Building and Housing Maintenance Codes (Part K). 

  • Prohibits temporary MCI increases for buildings with 35 percent or fewer units that are rent-regulated (Part K).

  • Requires landlords to provide notification and documentation for IAIs, and an explanation or description for temporary MCIs, to tenants (Part K).

  • Requires the commissioner, on or before December 31, 2019 and each following year, to give and make available publicly a report to the governor, the president of the senate, the speaker of the assembly, and on its website, regarding the rent regulation system being executed (Part L).

  • Prohibits landlords from evicting tenants and changing the terms of tenancy in retaliation for, but not limited to (Part M):

    • A “good faith” complaint to the landlord, an agent of the landlord, or a governmental authority about a purported violation of a health or safety law, regulation, code, or ordinance committed by the landlord;

    • Acts that secure and or enforce tenant rights listed in the lease, rental agreement, and or the warranty of habitability, which implies that living spaces must be kept fit and habitable at all times; or

    • The involvement of a tenant in a tenant’s organization.

  • Requires landlords to provide a timely written notice in the case of a non-renewal of tenancy or a rent increase equal to or greater than 5 percent higher than the present rent (Part M).

  • Prohibits landlords from denying the renting or provision of a lease to an individual based on that individual’s past or pending landlord-tenant actions and or summary proceedings (Part M). 

  • Requires landlords to provide a written receipt for the payment of rent, excluding payments made through checks (Part M).

  • Prohibits information regarding the history of tenants who have been evicted due to foreclosure, from being disclosed to or used by other landlords (Part M). 

  • Prohibits unlawful evictions, classifying them to include, but not be limited to (Part M):

    • Threatening and or using force to evict;

    • Disturbing the comfort, repose, peace and or quiet of the tenant to cause the tenant to leave the unit; or

    • Engaging or threatening to do anything that would prevent the tenant from living in the unit.

  • Classifies the enactment or aiding of an unlawful eviction as a Class A misdemeanor and will result in a fine between $1000 to $10,000 (Part M). 

  • Specifies that if the landlord does not restore the unlawfully evicted tenant on the requested date for restoration to occupancy, for each day following this specified date the landlord will be fined an additional $100, with the exception that this period not exceed 6 months (Part M).

  • Prohibits a security deposit or advance from being greater than one month’s rent (Part M). 

  • Requires support from at least 51 percent of tenants inhabiting a group of units for the conversion of these units into condominiums or cooperatives (Part N).

  • Prohibits landlords from engaging in eviction proceedings against eligible senior and or disabled citizens, excepting those (Part N):

    • Failing to pay rent;

    • Using the unit for illegal purposes; and

    • Refusing “reasonable access” to the landlord or failing to observe similar obligations to the landlord.

  • Requires the owners or operators of mobile home parks who are changing the use of their land to provide a stipend of up to $15,000 to any mobile home owner that is being evicted because of this (Part O). 

  • Authorizes tenants in mobile home parks to assume all the rights of a leaseholder if the owner or operator of the mobile home park does not provide them an appropriate lease (Part O).

  • Requires mobile home leases to fully disclose all fees, charges, and assessments, and provide a rider regarding tenant rights (Part O). 

  • Authorizes mobile home owners the right to create a manufactured homeowners’ association or cooperative for the park (Part O).

  • Authorizes 140 days for manufactured homeowners’ associations, cooperatives, or mobile home owners or tenants to buy the mobile park if the park owner plans to sell the park (Part O).

  • Prohibits rent increases greater than 3 percent for mobile home parks, with the exception of situations involving (Part O):

    • Increases in operating expenses;

    • Increases in property taxes; and

    • Increases in costs connected to capital improvements of the park.

Legislation - Bill Passed (Senate) (36-26) - (Key vote)
See How Your Politicians Voted

Title: Increases State Rent Control Protections and Stabilization Rules

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to pass a bill that increases state rental protections and stabilization rules.

Highlights:

 

  • Establishes the permanency of rent regulations dating back to 1969 that previously depended on renewal every 4 to 8 years (Part A).

  • Prohibits county rent guidelines boards from authorizing rent increases for buildings that have 3 or more residential dwelling units, also known as class A dwelling units, based on the rental cost of a unit or on the amount of time since the previous rent increase was authorized (Part C).

  • Specifies that complaints concerning unlawful rent increases within the last 6 years can be filed with the state division of house and community renewal or a court of competent jurisdiction (Part F).

  • Authorizes the creation of rent guidelines boards for any city with less than a million inhabitants, and any town or village that determines the presence of a housing emergency (Part G, Sec. 5). 

  • Prohibits rent increases based on changes in fuel prices, also known as fuel pass along (Part H, Sec. 4). 

  • Permits landlords to repossess a single residence for personal use as their or their immediate family’s primary residence in the case of “immediate and compelling necessity” unless a tenant (Part I):

    • Is 62 years of age or older;

    • Has been a tenant for 15 years or more; or

    • Has a permanent impairment that interferes with substantial gainful employment.

  • Specifies that those who are homeless or at risk for homelessness will be considered tenants if they live under permanent housing accommodations provided by not-for-profit organizations (Part J). 

  • Reduces the percentage landlords can increase rents that come from Major Capital Improvements (MCIs) and Individual Apartment Improvements (IAIs), and limits these improvements to a cost of no more than $15,000 for 3 IAIs within a 15-year span (Part K).

  • Repeals IAI and MCI rent increases after 30 years in effect (Part K). 

  • Establishes conditions for the consideration of temporary MCIs increases that include, but are not limited to, improvements essential for the (Part K):

    • Preservation of the building;

    • Energy efficiency of the building;

    • Functionality of the building; or

    • Infrastructure of the building. 

  • Requires the landlord to reduce temporary MCI increases by the amount of any governmental grant and or insurance payment used by the landlord towards the cost of the MCI (Part K).

  • Prohibits IAI and temporary MCI increases for buildings and housing accommodations with outstanding and or immediately hazardous violations of the Uniform Fire Prevention and Building Code, New York City Fire Code, or New York City Building and Housing Maintenance Codes (Part K). 

  • Prohibits temporary MCI increases for buildings with 35 percent or fewer units that are rent-regulated (Part K).

  • Requires landlords to provide notification and documentation for IAIs, and an explanation or description for temporary MCIs, to tenants (Part K).

  • Requires the commissioner, on or before December 31, 2019 and each following year, to give and make available publicly a report to the governor, the president of the senate, the speaker of the assembly, and on its website, regarding the rent regulation system being executed (Part L).

  • Prohibits landlords from evicting tenants and changing the terms of tenancy in retaliation for, but not limited to (Part M):

    • A “good faith” complaint to the landlord, an agent of the landlord, or a governmental authority about a purported violation of a health or safety law, regulation, code, or ordinance committed by the landlord;

    • Acts that secure and or enforce tenant rights listed in the lease, rental agreement, and or the warranty of habitability, which implies that living spaces must be kept fit and habitable at all times; or

    • The involvement of a tenant in a tenant’s organization.

  • Requires landlords to provide a timely written notice in the case of a non-renewal of tenancy or a rent increase equal to or greater than 5 percent higher than the present rent (Part M).

  • Prohibits landlords from denying the renting or provision of a lease to an individual based on that individual’s past or pending landlord-tenant actions and or summary proceedings (Part M). 

  • Requires landlords to provide a written receipt for the payment of rent, excluding payments made through checks (Part M).

  • Prohibits information regarding the history of tenants who have been evicted due to foreclosure, from being disclosed to or used by other landlords (Part M). 

  • Prohibits unlawful evictions, classifying them to include, but not be limited to (Part M):

    • Threatening and or using force to evict;

    • Disturbing the comfort, repose, peace and or quiet of the tenant to cause the tenant to leave the unit; or

    • Engaging or threatening to do anything that would prevent the tenant from living in the unit.

  • Classifies the enactment or aiding of an unlawful eviction as a Class A misdemeanor and will result in a fine between $1000 to $10,000 (Part M). 

  • Specifies that if the landlord does not restore the unlawfully evicted tenant on the requested date for restoration to occupancy, for each day following this specified date the landlord will be fined an additional $100, with the exception that this period not exceed 6 months (Part M).

  • Prohibits a security deposit or advance from being greater than one month’s rent (Part M). 

  • Requires support from at least 51 percent of tenants inhabiting a group of units for the conversion of these units into condominiums or cooperatives (Part N).

  • Prohibits landlords from engaging in eviction proceedings against eligible senior and or disabled citizens, excepting those (Part N):

    • Failing to pay rent;

    • Using the unit for illegal purposes; and

    • Refusing “reasonable access” to the landlord or failing to observe similar obligations to the landlord.

  • Requires the owners or operators of mobile home parks who are changing the use of their land to provide a stipend of up to $15,000 to any mobile home owner that is being evicted because of this (Part O). 

  • Authorizes tenants in mobile home parks to assume all the rights of a leaseholder if the owner or operator of the mobile home park does not provide them an appropriate lease (Part O).

  • Requires mobile home leases to fully disclose all fees, charges, and assessments, and provide a rider regarding tenant rights (Part O). 

  • Authorizes mobile home owners the right to create a manufactured homeowners’ association or cooperative for the park (Part O).

  • Authorizes 140 days for manufactured homeowners’ associations, cooperatives, or mobile home owners or tenants to buy the mobile park if the park owner plans to sell the park (Part O).

  • Prohibits rent increases greater than 3 percent for mobile home parks, with the exception of situations involving (Part O):

    • Increases in operating expenses;

    • Increases in property taxes; and

    • Increases in costs connected to capital improvements of the park.

Legislation - Introduced (Senate) -

Title: Increases State Rent Control Protections and Stabilization Rules

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