Res. No. 170

Resolution calling upon the New York State legislature and the Governor to enact legislation restoring to New York City full authority over rent regulation.

By Council Members Quinn, Lopez, Nelson, Reed, Moskowitz, Baez, Barron, Brewer, DeBlasio, Foster, Jackson, Katz, Liu, Martinez, Monserrate, Gerson, Koppell and Gentile

Whereas, In 1971, the New York State Local Emergency Housing Rent Control Act was amended to provide for vacancy decontrol in cities having a population of one million or more, in other words, in the city of New York, apartments would no longer be rent regulated when new tenants move in; and,

Whereas, Over the next three years, 400,000 households were displaced from rent regulated apartments, prompting the enactment of the Emergency Tenant Protection Act of 1974, which revoked the 1971 vacancy decontrol measures “to prevent the exaction of unjust, unreasonable and oppressive rents and rental agreements and to forestall profiteering, speculation and other disruptive practices tending to produce threats to the public health, safety and general welfare;” and,

Whereas, However, the Emergency Tenant Protection Act did not revoke chapters 371, 373 and 1012 of the laws of 1971, also known as the “Urstadt Law,” which prohibits New York from enacting more stringent or restrictive rent regulation provisions without the approval of the State Commissioner of Housing and Community Renewal; and,

Whereas, Although the courts have held that the Urstadt Law was intended to encourage owner investment in the maintenance and improvement of existing housing and to stem the tide of building abandonment by removing the threat of stricter controls, it has had no documented effect on building maintenance or abandonment; and,

Whereas, The Urstadt Law precludes the Council of the City of New York from strengthening rent regulation laws to provide more comprehensive coverage than provided by the State, thereby depriving the City from exercising home rule over an issue of vital local importance affecting more than 2.5 million people, particularly at a time when rent regulations have been weakened; and,

Whereas, State legislation must be enacted to revoke the Urstadt Law and allow New York City once again to have the power to regulate and control residential rents, evictions, the classification of housing accommodations, and the enforcement of relevant local laws; now, therefore, be it

Resolved, That the City Council calls upon the New York State legislature and the Governor to enact legislation restoring to New York City full authority over rent regulation.