Int. No. 139

By Council Members Lopez, Nelson, Perkins, Quinn, Brewer, Fidler, Gerson, Reyna and Rivera

A Local Law to amend the administrative code of the city of New York in relation to the warehousing of Mitchell-Lama apartments.

Be it enacted by the Council as follows:

                     Section one. Section 26-530 of chapter six of title twenty-six of the administrative code of the city of New York is hereby amended by re-lettering subdivision c. to read subdivision d. and by adding thereto a new subdivision c. to read as follows:

                                          c. No application or motion for an increase in the maximum rental per room shall be entertained or acted upon hereunder if the number of vacancies in a building containing such dwellings exceeds five percent of the total number of dwelling units for a period of more than thirty days during the previous two years.  A unit shall not be counted as vacant if the owner in good faith offers to the public to rent all vacant dwelling units at a rent no greater than the rent authorized by the “supervising agency.”  An owner may apply to the “supervising agency” for one 120-day exemption for a dwelling unit from the vacancy restriction and the requirement to offer for rent in order to substantially rehabilitate or renovate such dwelling unit.

                     §2. This local law shall take effect immediately.