New York S 869: Prohibits the collection of rent arrearages accruing prior to the date of approval of an application for an adjustment in the legal regulated rent based upon a major capital improvement

Status: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT (as of 2026-01-07)

State: New York · Session: 2025-2026 · Bill: S 869

Sponsors: Jamaal Bailey, José M. Serrano, Luis R. Sepúlveda, Shelley Mayer

Bill Text

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S00869 Summary:

BILL NOS00869 

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SAME ASNo Same As

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SPONSORBAILEY

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COSPNSRMAYER, SEPULVEDA, SERRANO

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MLTSPNSR

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Amd §6, Emerg Ten Prot Act of 1974; amd §4, Emerg Hous Rent Cont L; amd §§26-512 & 26-405, NYC Ad Cd

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Prohibits the collection of rent arrearages accruing prior to the date of approval of an application for an adjustment in the legal regulated rent based upon a major capital improvement.

Go to top S00869 Actions:

BILL NOS00869 

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01/08/2025REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

01/07/2026REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Go to topS00869 Committee&nbspVotes:

Go to topS00869 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00869 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 869

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. BAILEY, MAYER, SEPULVEDA, SERRANO -- read twice and
 ordered printed, and when printed to be committed to the Committee on
 Housing, Construction and Community Development

 AN ACT to amend the emergency tenant protection act of nineteen seven-
 ty-four, the administrative code of the city of New York and the emer-
 gency housing rent control law, in relation to prohibiting the
 collection of rent arrearages accruing prior to the date of approval
 of an application for an adjustment in the legal regulated rent based
 upon a major capital improvement

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 6 of section 4 of chapter 576 of the laws of 1974
 2 constituting the emergency tenant protection act of nineteen seventy-
 3 four is amended by adding a new subdivision h to read as follows:
 4 h. Notwithstanding any provision of law or rule or regulation to the
 5 contrary, any adjustment in the legal regulated rent based upon a major
 6 capital improvement shall be effective upon approval of the application
 7 therefor. No increase may be collected for the period of time prior to
 8 the date of approval of the application.
 9 § 2. Section 26-512 of the administrative code of the city of New York
 10 is amended by adding a new subdivision h to read as follows:
 11 h. Notwithstanding any provision of law or rule or regulation to the
 12 contrary, any adjustment in the legal regulated rent based upon a major
 13 capital improvement shall be effective upon approval of the application
 14 therefor. No increase may be collected for the period of time prior to
 15 the date of approval of the application.
 16 § 3. Subparagraph 10 of the second undesignated paragraph of paragraph
 17 (a) of subdivision 4 of section 4 of chapter 274 of the laws of 1946,
 18 constituting the emergency housing rent control law, as amended by

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02107-01-5

 S. 869 2

 1 section 25 of part B of chapter 97 of the laws of 2011, is amended and a
 2 new subparagraph 11 is added to read as follows:
 3 (10) the presence of unique or peculiar circumstances materially
 4 affecting the maximum rent has resulted in a maximum rent which is
 5 substantially lower than the rents generally prevailing in the same area
 6 for substantially similar housing accommodations[.]; or (11) notwith-
 7 standing any provision of law or rule or regulation to the contrary, any
 8 adjustment in the legal regulated rent based upon a major capital
 9 improvement shall be effective upon approval of the application there-
 10 for. No increase may be collected for the period of time prior to the
 11 date of approval of the application.
 12 § 4. Paragraph 1 of subdivision g of section 26-405 of the administra-
 13 tive code of the city of New York is amended by adding a new subpara-
 14 graph (p) to read as follows:
 15 (p) Notwithstanding any provision of law or rule or regulation to the
 16 contrary, any adjustment in the legal regulated rent based upon a major
 17 capital improvement shall be effective upon approval of the application
 18 therefor. No increase may be collected for the period of time prior to
 19 the date of approval of the application

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