new york termination of assignment of leases and rents

How to Break a Lease in NYC

A lease is a binding legal contract, and your landlord has no obligation to let you break it. Even if you may think it’s in your landlord’s best interest to let you out of the lease, that likely won’t happen. However, breaking a lease in NYC is still possible, even if your landlord doesn't want to let you out of it. 

hash-mark Table of Contents

How to Break a Lease in NYC Breaking a Lease in NYC Tips How To Do a Lease Assignment in NYC Breaking Your Lease vs Subleasing the Remainder of Your Lease How To Find Someone To Take Over Your Apartment Lease? Breaking Your Lease in NYC Bottom Line

hash-mark How to Break a Lease in NYC

• Review Your Lease
• Speak With Your Landlord
• Get Everything in Writing
• Perform Your Agreed Obligations
• Sign the Paperwork to Formally Break Your Lease

1. Review Your Lease

The first step to break your NYC apartment lease is to review the terms of your lease. Check to see if it includes an opt-out clause or details specific to subletting or breaking your lease. If it does, you'll also want to check the requirements, which might include a fee. This fee can range from anywhere between a thousand bucks to 3+ months rent but is typically set at either 1 or 2 months rent. You’ll also likely need to give your landlord at least 30 days’ notice of your intention to break the lease.

2. Speak With Your Landlord

After reviewing your lease, you’ll need to speak with your landlord. Explain your situation and see what your options are. Landlords understand that it’s in their best interest to have a tenant who is happy, stable, and financially secure in place, and will likely have a specific policy in place for how you can get out of your lease.

If your lease doesn't have an opt-out clause, they will often ask you to either find a new tenant for an apartment lease takeover via a lease assignment or to find someone to sign a brand new lease with them before they let you break your contract and surrender the apartment.

3. Get Everything in Writing

The next step in breaking your NYC lease is to put everything in writing. Whatever you and your landlord agree to, be sure to document it in writing. Depending on what your lease says, you may even need to draft a formal document that you and your landlord both sign. This will be your proof in the event that there are future misunderstandings. 

4. Perform Your Agreed Obligations

After everything is put down in writing, it's time to fulfill your obligations to break the lease.  If your lease has an opt-out clause, you will just need to pay the applicable fee to break the contract. If you need to find a r eplacement tenant to sign a new lease in your place, you’ll need to market your apartment and find a suitable candidate to present to your landlord. They’ll sign a new 12-month lease at the market rate, and then your contract with the landlord will be broken. It used to be that most landlords wouldn’t charge you a fee in this scenario, but nowadays, fees ranging from $250 to $1000+ are commonplace.  

5. Sign the Paperwork to Formally Break Your Lease

The final step in breaking your lease is to sign the paperwork. Typically, your landlord will have a standard lease cancellation agreement, which will reference the original lease and confirm the date of the lease break. This agreement should also detail how the security deposit and move-out are handled, as well as any remaining obligations you and the landlord have to each other.  

hash-mark Breaking a Lease in NYC Tips

• Follow Your Landlord's Procedures
• Be Clear With Your Intentions

1. Follow Your Landlord's Procedures

The most important thing to do when breaking a lease in NYC is to follow all landlord procedures. Many times tenants will ask their landlord if they can break or assign their lease but do not follow the proper procedures, delaying the process significantly.

2. Be Clear With Your Intentions

You should also be clear with your intentions when breaking a lease. If they tell allow you to break your lease, be sure you clearly tell your landlord that you will be actively working on getting out of your lease and ask for their permission in writing.  The last thing you want is to find someone who wants to move in only to be told that their application can’t be processed until you send a certified letter to your landlord’s corporate headquarters formally asking for permission to assign/break your lease. 

hash-mark How To Do a Lease Assignment in NYC

• Understand How Lease Assignments Work
• Market Your Lease Assignment
• Be Prepared to Explain Any Drawbacks

1. Understand How Lease Assignments Work

If you cannot break your NYC lease a great alternative is to assign your existing contract to a new tenant. But before you can do a lease assignment it's imortant to understand how the process works. A lease assignment is similar to finding a new tenant to sign a new lease, except for the fact that they’ll just be taking over your existing contractual obligations.

The next step for a lease assignemnt is to speak with your landlord and ask about their requirements. Some landlords may force your hand and accept either only an assignment or only a break with a tenant signing a new 12-month contract, so make sure you speak with your landlord to find out what your options are before you start marketing your place.

3. Market Your Lease Assignment

After you understand the procedure for a lease assignment, it's time to market your apartment. Depending on what your landlord wants you can target different types of prospective tenants. For example, one  advantages of a lease assignment are that the incoming tenant will generally be grandfathered into your current rental price, which will typically be lower than current market rates. There will also be no broker fee for the assignment, so this will appeal to many tenants looking for a deal. 

A Lease assignment can also work well for anyone who is looking for a shorter term, as prices will be significantly lower than other short-term rentals. One thing to note is that many landlords do charge a lease assignment fee that typically ranges from $250-$750+. 

4. Be Prepared to Explain Any Drawbacks

Lease assignments can also have some drawbacks which you should be prepared to explain to the new tenant. The main disadvantage of a lease assignment is that the unit is usually rented “as-is,” meaning the landlord won’t come in and clean, prep, and paint before the new tenant moves in. This, combined with the fact that the term will likely be for a shorter period of time than a traditional 12-month lease, might make it less attractive to prospective renters. 

5. Sign the Lease Assignemnt and Transfer the Lease

Once you've found a tenant that wants to take over your lease that your landlord approves, it's time to make it formal. Your landlord will prepare a lease assignment rider, which you, the new tenant, and the landlord will all need to sign. It will detail the date which on which the lease is assigned and when the new tenant can formally take possession of the apartment. 

hash-mark Breaking Your Lease vs Subleasing the Remainder of Your Lease

While some owners may not entertain a lease break or assignment (they have the legal right to refuse any such request outright), you are entitled to a right to ask for a  sublet in NYC (the landlord does have the right to charge an additional 10% sublet fee). It’s rare, however, that an owner would prefer a sublease over a lease break or lease assignment, as those are typically cleaner for everyone involved.

Sublets involve an added element of risk for all parties. For you “the sublessor,” you’ll still be responsible to the landlord for the apartment and rent, so if the new tenant “the sublessee” skips rent payments, damaged the apartment, or overstays the lease you may be on the hook. For the sublessee, there’s typically an element of uncertainty as there is no long-term guarantee that the landlord will offer them a new lease. The landlord also usually incurs additional risk as they do may not necessarily get to qualify and screen a sublessee as thoroughly as they’d like (sublets typically do not go through the standard application process with the landlord and sublessees, therefore, do not have to meet the landlord’s income requirements). 

hash-mark How To Find Someone To Take Over Your Apartment Lease?

Whether you decide to go for a lease break, assignment, or sublet, it can be challenging to find someone to take over your lease in NYC. You'll need to move quickly and market your apartment in as many places as possible. There are numerous websites where you can list your place, including LeaseBreak, Craigslist, Renthop, Flip, and Facebook groups like Ghostlight Housing. You can also post your apartment on StreetEasy, but the fee to do so is relatively high. That being said, Streeteasy is the largest real estate website in NYC.

Tip- Depending on the time of year, your urgency, and the term of your contract you may want to consider offering a concession. This can help make your place more attractive as breaking a lease in NYC can be relatively time-consuming and challenging. If you will have difficulty showing the apartment or don't have the time to properly market it, you might also want to consider hiring a broker to help you rent the place. 

hash-mark Breaking Your Lease in NYC Bottom Line

We always recommend trying to assign or break your lease whenever possible, even if it means paying a fee. Subletting your apartment might seem like a tempting way to save some money, but it presents additional risk.

Do your best to negotiate a deal to break your lease with your landlord or find someone who wants to take over your existing NYC apartment lease or sign for a 12-month term with your landlord. This will ensure you are no longer liable for the apartment once you move out.

If you decide to sublet, the safest thing you can do is ask for additional security deposits or pre-payment of rent for the entire sublease upfront. It is also essential to get the landlord’s approval. Ideally, your landlord will put in writing that you will not be held accountable for any damages or monetary liabilities that occur upon the termination of your contract with the landlord (for example, if the sublessee does not vacate the apartment and refuses to pay rent past the expiration of the lease). 

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2022 New York Laws RPP - Real Property Article 9 - Recording Instruments Affecting Real Property 294-A - Recording Assignments of Rent.

§ 294-a. Recording assignments of rent. 1. An assignment of rent to accrue from tenancies, subtenancies, leases or subleases of real property, irrespective of the term of their duration, in existence at the time of the assignment, made, subscribed and acknowledged or proved, and certified in a manner to entitle a conveyance to be recorded may be recorded in the office of the recording officer of any county in which any of the real property to which the tenancies, subtenancies, leases or subleases relate is situated, and such recording officer shall, upon the request of any party, on tender of the lawful fees therefor, record the same in his said office.

2. Every such assignment not so recorded shall be void as against any person who subsequently purchases or acquires by exchange, or contracts to purchase or acquire by exchange, the same real property, or any portion thereof, or acquires by assignment the rent to accrue therefrom as provided in this section, in good faith and for a valuable consideration, from the same vendor or assignor, his distributees or devisees, and whose conveyance, contract or assignment is first duly recorded.

3. The recording of such assignment shall not be in itself a notice of the assignment to a lessee or tenant, his distributees or devisees, so as to invalidate a payment of rent made by the lessee or tenant, his distributees or devisees, to the assignor or a prior assignee of the rent.

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Breaking a lease in New York

Wordpress Admin

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January 25, 2024

Are you facing the prospect of breaking a lease in New York? Whether it’s due to unforeseen circumstances, a job relocation, or a change in living situation, understanding the legal and practical aspects of lease termination is crucial. In this comprehensive guide, we’ll walk you through the essential steps and considerations involved in breaking a lease in New York.

From dissecting the lease agreement and assessing the viability of termination to exploring valid reasons for lease termination and understanding your legal rights, we’ve got you covered. We’ll delve into landlord compensation, subletting obligations, and provide insights into professional legal assistance. By the end of this guide, you’ll have a clear understanding of the process, your rights, and the potential implications, empowering you to navigate the lease termination process effectively and strategically.

Whether you’re a tenant or a landlord , this guide will serve as a valuable resource for anyone dealing with the complexities of breaking a lease in the Empire State.

Breaking a Lease in New York: A Comprehensive Guide

Breaking a lease in New York requires a comprehensive understanding of the legal provisions, tenant rights, and obligations while navigating through the complexities of lease agreements and potential penalties.

In New York, tenant laws and regulations provide the framework for the process of breaking a lease. It’s essential to carefully review the lease agreement, which outlines specific conditions for early termination and associated penalties. Understanding your rights as a tenant under New York’s rental laws is crucial in this situation.

In some cases, a tenant may be able to break a lease without penalty if certain legal requirements are met, such as providing sufficient notice and legitimate reasons for termination. Failure to comply with the lease terms could result in financial liabilities, including rent arrears , damages, or loss of security deposit.

Understanding the Lease Agreement and Penalties

Before initiating the process of breaking a lease in New York, it is crucial to thoroughly comprehend the lease agreement terms and potential penalties associated with early termination.

Assessing the Viability of Breaking the Lease

Before initiating the process of breaking a lease in New York, it is essential to assess the viability of this decision, considering legal protections, reasonable efforts, and potential consequences.

One of the primary factors to consider when contemplating breaking a lease is the legal protections provided by the lease agreement and New York state laws. Understanding the specific clauses within the lease that address early termination, subletting, or assignment can significantly impact the feasibility of moving forward with breaking the lease.

It is crucial to make reasonable efforts to resolve any issues or concerns with the landlord or property management before terminating the lease. Documenting communication attempts, maintenance requests, and any lease violations can provide valuable evidence if the matter is brought to court.

As for the potential consequences, breaching a lease without valid justification can lead to financial penalties, damage to credit scores, and legal action from the landlord. Seeking legal advice from an experienced attorney specializing in landlord-tenant law can provide valuable insights into the best course of action, potential liabilities, and strategies for minimizing negative repercussions.

Reviewing New York State Laws on Lease Termination

Understanding the specific laws governing lease termination in New York is crucial for tenants considering the possibility of breaking a lease within the state.

New York State’s rental law, encapsulated in the Real Property Law , governs the rights and obligations of landlords and tenants. According to tenant rights laws , tenants have certain protections when it comes to lease termination, including provisions for breaking a lease due to unforeseen circumstances or military deployments.

New York’s eviction laws outline the proper legal procedures that landlords must follow in the event of lease termination or eviction, ensuring fair treatment and due process for tenants.

Revisiting the Lease Agreement for Terms and Conditions

Revisiting the lease agreement to thoroughly understand its terms and conditions is a critical step for tenants contemplating the option of breaking a lease in New York.

Ensuring a clear comprehension of the lease provisions regarding early termination, subletting, and penalties can help tenants assess the potential implications of breaking the lease. Understanding the landlord compensation and responsibilities outlined in the agreement is essential to make informed decisions. Seeking legal advice to navigate the complexities of lease agreements and evaluate available options is strongly recommended to avoid unexpected legal consequences.

Negotiating with the Landlord: Tips and Strategies

Engaging in effective negotiation with the landlord is essential for tenants seeking to break a lease in New York, requiring strategic approaches and comprehensive understanding of the early termination clauses and potential compensations.

When initiating the conversation with the landlord, it’s crucial for tenants to clearly outline their reasons for the lease termination while demonstrating an understanding of the contractual obligations. Presenting feasible solutions such as finding a replacement tenant or offering advanced notice can further facilitate a mutually beneficial agreement.

Familiarizing oneself with local tenancy laws and regulations can provide valuable insights into the rights and responsibilities of both parties, ultimately fostering a more productive negotiation process.

Executing the Move-Out Process Strategically

Executing the move-out process strategically upon breaking a lease in New York demands careful consideration of tenant obligations , potential lease re-rental, and adherence to the terms of the lease termination agreement.

When breaking a lease, tenants should review their obligations meticulously, including fulfilling rental payments, restoring the property to its original condition, and providing proper notice to the landlord.

Considering the potential re-rental of the property, tenants may need to cooperate with the landlord in showcasing the property to potential new tenants, ensuring the smooth transition of occupancy.

Adhering to the terms of the lease termination agreement is crucial, as it dictates the specific procedures for ending the lease, returning the security deposit, and resolving any remaining financial matters.

Legal Rights and Notice Requirements

Understanding the legal rights and notice requirements for tenants in New York is essential when considering the process of breaking a lease within the state.

In New York, tenants are protected by specific laws governing lease terminations. Under these laws, landlords are often required to provide tenants with written notice before initiating certain actions, such as eviction or terminating a lease. For example, in the case of non-payment of rent, landlords are generally required to serve a three-day notice to tenants before pursuing eviction proceedings. Tenants may also be entitled to receive advance notice before a landlord enters the rental unit for maintenance or inspection purposes. These legal protections are designed to safeguard the rights of tenants and ensure that landlords adhere to specific notice requirements.

Understanding Notice Requirements in New York

Understanding the specific notice requirements mandated for tenants in New York is crucial when navigating the process of breaking a lease within the state.

The notice requirements in New York for tenants can vary depending on the type of lease and the reasons for terminating it. Generally, New York law mandates that tenants provide a written notice to their landlord within a specific timeframe before moving out. This notice period typically ranges from 30 to 90 days, depending on the terms of the lease and the reason for leaving.

It’s essential for tenants to be aware of these requirements to ensure compliance and protect their tenant rights . Failing to adhere to the notice requirements can lead to legal consequences or forfeiting tenant protections , such as security deposit return or potential claims by the landlord.

Valid Reasons for Breaking a Lease

Exploring the valid reasons for breaking a lease in New York, including situations such as domestic violence , military duty , and uninhabitable living conditions, is crucial for tenants evaluating this option.

Tenants facing domestic violence may break their lease without penalty by providing written notice to the landlord along with a copy of an order of protection. Similarly, military duty may necessitate a tenant’s relocation, and the Servicemembers Civil Relief Act (SCRA) provides protection in such cases.

If the leased premises become uninhabitable due to significant repairs needed or health hazards, tenants have legal grounds to terminate the lease.

Exploring Acceptable Situations for Lease Termination

Understanding the acceptable situations that warrant lease termination in New York, such as domestic violence, military duty, and uninhabitable living conditions , is vital for tenants navigating this process.

In cases of domestic violence, New York law provides legal provisions allowing victims to terminate their lease without penalty. Documentation such as a protection order or a police report is usually required. Similarly, military deployment can be a valid reason for lease termination. The Servicemembers Civil Relief Act (SCRA) offers protection to military personnel by allowing lease termination upon receiving deployment orders.

If the rented property becomes uninhabitable due to hazardous conditions or landlord negligence, tenants have the right to terminate the lease. This can include issues such as mold infestations, pest infestations, or inadequate heating or plumbing.

Understanding Tenant Rights in Specific Circumstances

Understanding the specific tenant rights in circumstances related to domestic violence, military duty, and uninhabitable living conditions is crucial for tenants considering lease termination in New York.

In New York, tenants have legal protections in place when faced with domestic violence situations. One such protection is the ability to terminate the lease early without penalty. The tenant may need to provide written notice and proof of the domestic violence situation, such as a protective order, to the landlord.

For tenants called to military duty, there are also crucial rights in place. The Servicemembers Civil Relief Act (SCRA) provides protections for active duty military personnel, including lease termination rights and protection from eviction while serving.

Tenants have rights in the case of uninhabitable living conditions. If the landlord fails to provide habitable living conditions, tenants may be entitled to remedies such as repair and deduct, or in severe cases, lease termination.

Responsibilities and Obligations

Navigating the responsibilities and obligations related to lease termination , including landlord compensation, potential lease re-rental , and adherence to the terms outlined in the lease termination agreement , is essential for tenants in New York.

When terminating a lease, tenants are typically responsible for providing proper notice as per the terms of the original lease agreement. They must ensure that the property is returned in the condition specified in the lease, allowing for “normal wear and tear.” This may involve cleaning, making necessary repairs, and arranging for a final inspection with the landlord.

Regarding landlord compensation, tenants should be aware of any potential charges for early termination, outstanding rent, or damages beyond normal wear and tear. Understanding the financial implications and discussing them with the landlord can help avoid disputes.

If considering lease re-rental, tenants should seek approval from the landlord and assist in finding new tenants if required. It’s important to ensure that the new tenants meet the landlord’s criteria and that the lease reassignment process is conducted in accordance with legal and contractual obligations.

Upon lease termination, tenants are obligated to return all keys, access devices, and any other property specified in the agreement. Double-checking the lease termination agreement for any specific requirements ensures a smooth and lawful conclusion to the tenancy.

Landlord Compensation and Re-Renting Obligations

Understanding the aspects of landlord compensation and potential obligations related to lease re-rental upon termination is crucial for tenants navigating the process of breaking a lease in New York.

Landlord compensation upon lease termination involves various elements such as potential loss of rent, marketing expenses, and administrative costs. As per New York law, landlords have the obligation to mitigate damages by making reasonable efforts to re-rent the property. Tenants should note that the landlord cannot simply hold them responsible for the full remaining term of the lease; they must actively seek a new tenant.

Tenants must fulfill their obligations for the property’s condition and maintenance as stipulated in the lease agreement, which can impact the landlord’s compensation and re-rental efforts.

Permissible Subletting of the Property

Understanding the terms and conditions related to permissible subletting of the property and potential implications for lease assignment is crucial for tenants in New York contemplating the option of breaking a lease.

Tenants need to be aware of their obligations as stated in the original lease agreement, which may include seeking the landlord’s consent for subletting or lease assignment. Subletting typically involves the tenant renting out the property to another individual for a limited period, while lease assignment entails transferring the entire lease to a new tenant.

Understanding the specific terms and conditions outlined in the lease can help tenants navigate the process smoothly and prevent any potential disputes with the landlord.

Frequently Asked Questions

Addressing frequently asked questions related to breaking a lease in New York provides valuable insights into the bottom line considerations and common queries tenants may have in this situation.

Tenants contemplating breaking a lease in New York often wonder about the legal implications, potential financial repercussions, and available recourse. Understanding the lease termination process , including any penalties or notice requirements, is crucial for making informed decisions.

Tenants may seek clarity on subletting options, lease transfer possibilities, and the landlord’s responsibility to mitigate damages. This comprehensive guide aims to demystify these concerns and give the power to tenants with the knowledge needed to navigate the challenging process of breaking a lease in New York.

Key Queries About Lease Termination in New York

Exploring key queries and considerations about lease termination in New York addresses critical aspects and common concerns tenants may encounter when contemplating the process of breaking a lease.

One of the primary concerns for tenants in New York considering lease termination is the legal implications and potential penalties associated with breaking a lease prematurely. Understanding the specific clauses and regulations outlined in the lease agreement is crucial to navigating this process effectively.

Tenants may have questions about their rights regarding security deposits, subletting options, and the proper notification procedures to inform landlords about their decision to terminate the lease.

Professional Legal Assistance

Consulting with a legal expert for tailored advice and guidance is crucial for tenants navigating the complexities of breaking a lease in New York, ensuring a comprehensive understanding of the legal provisions and protections available.

Expert guidance can help tenants navigate the legal intricacies involved in breaking a lease. By seeking professional legal assistance, tenants can gain insights into their rights and obligations under New York tenancy laws, avoiding potential pitfalls and legal disputes . A skilled attorney can conduct a thorough review of the lease agreement to identify any clauses or terms that may impact the process of lease termination. They can provide clarity on the legal protections available to tenants, ensuring that their interests are safeguarded throughout the lease termination process.

Consulting with a Legal Expert for Tailored Advice

Obtaining tailored advice and guidance from a legal expert in New York offers tenants valuable insights and support in navigating the intricacies of lease termination and potential complications.

By seeking tailored legal advice , tenants can get a good idea of their rights and responsibilities under the lease agreement. A skilled attorney can provide personalized support, helping tenants to negotiate effectively with landlords and mitigate potential disputes. Legal experts can offer valuable insights into local laws and regulations, ensuring tenants are properly informed and give the power toed to make informed decisions regarding lease termination.

What is considered breaking a lease in New York?

Breaking a lease in New York means terminating a rental agreement before its designated end date. This can happen for various reasons, such as job relocation, financial difficulties, or dissatisfaction with the rental property.

Is breaking a lease legal in New York?

Breaking a lease is not illegal in New York, but it is considered a breach of contract. This means that there may be consequences and penalties for breaking the lease, as outlined in the terms of the rental agreement.

Can I break a lease in New York if I find a better apartment?

Typically, finding a better apartment is not considered a valid reason for breaking a lease in New York. However, you can negotiate with your landlord and try to come to an agreement, such as finding a replacement tenant or paying a fee to break the lease.

What happens if I break a lease in New York?

If you break a lease in New York, you may be responsible for paying rent for the remaining months of the lease, as well as any penalties or fees outlined in the rental agreement. Your landlord may also take legal action to collect the owed rent.

Are there any exceptions to breaking a lease in New York?

There are certain circumstances in which breaking a lease in New York is allowed without penalty, such as if the rental unit is deemed uninhabitable or if the landlord violates the terms of the rental agreement. It’s important to review your lease carefully and consult with a lawyer if needed.

Can I break a lease in New York due to COVID-19?

During the COVID-19 pandemic, New York has implemented special protections for tenants who need to break their leases. These protections include allowing tenants to use security deposits to pay rent, extending eviction moratoriums, and providing financial assistance for those impacted by the pandemic.

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New York City Council Votes to Declare Continuing Housing Emergency to Maintain Rent Stabilization Laws

March 19, 2024

Council also passed legislation to require Department of Education to report on actual class sizes, rather than averages

City Hall – Today, the New York City Council voted to declare that there is an ongoing housing emergency to extend the Rent Stabilization Law from expiring on April 1, 2024, to April 1, 2027. To maintain New York City’s rent stabilization laws pursuant to state law, the Council must determine whether there is an ongoing housing emergency every three years, defined as a vacancy rate of less than 5% of the City’s rental housing stock. Findings from the 2023 Housing and Vacancy Survey (HVS) show a citywide rental vacancy rate of 1.41%, the lowest this measurement has been since 1968, and a significant decline from 2021, when the net vacancy rate was 4.54%.

The Council also passed legislation to require the Department of Education (DOE) to report on the actual class sizes of all classes in DOE schools and programs. This bill would also require the DOE to report, on a district, borough, and citywide level, the number and percentage of students in special programs, disaggregated by program type, grade, race or ethnicity, gender, special education status, and English language learner status.

“The shortage of available homes in our city has contributed to an affordability crisis affecting all New Yorkers,” said Speaker Adrienne Adams . “The results from the latest Housing and Vacancy Survey underscore how dire our housing crisis has become, especially for units at the most affordable rates. By passing today’s legislation, the Council will extend the Rent Stabilization Law to ensure rent regulation protections can continue in our city. I thank Chair Sanchez for her leadership and all of our colleagues for supporting this important legislation.”

Declaring Continued New York City Housing Emergency to Extend Rent Stabilization Laws

Introduction 653-A , sponsored by Council Member Pierina Sanchez, would extend the Rent Stabilization Law from expiring on April 1, 2024, to April 1, 2027, based on the declaration of an ongoing housing emergency from findings of the 2023 Housing and Vacancy Survey.

Resolution 256 , sponsored by Council Member Pierina Sanchez , would declare that there is a continuation of a public emergency that requires rent control in New York City beyond April 1, 2024.

“New York’s intersecting crises of rising evictions, record homelessness and housing unaffordability are only worsening,”said Council Member Pierina Sanchez . “The most recent housing vacancy survey highlights the lowest vacancy rate on record since the 1960s, showing a 1,4% vacancy rate, with nearly 90 percent of unassisted low-income households severely rent burdened. As the demand for housing continues to surge, and supply remains severely constrained, low-income and working-class New Yorkers are leaving in record numbers. In charting the path forward, we must increase housing supply to accommodate the city’s needed growth, invest in building upgrades and tenant protections so tenants can remain safely in their homes, and increase New Yorkers’ ability to afford our homes so we can stay and contribute to our city’s vibrancy.

Sanchez continued: “Thus, our vote today on my Intro. 653 and Reso 256, which acknowledge the finding of a historically low vacancy rate of 1.4%, allow for the continuation of rent regulation in NYC, a necessary step in providing even a modicum of stability for nearly a million rent regulated city households.”

Tracking Public School Class Sizes

Introduction 45-A, sponsored by Council Member Rita Joseph , would require the Department of Education (DOE) to report the actual class size of all classes in DOE schools and programs. This bill would also require the DOE to report, on a district, borough, and citywide level, the number and percentage of students in special programs, disaggregated by program type, grade, race or ethnicity, gender, special education status, and English language learner status.

In 2022, the New York State Legislature passed legislation mandating that the Department of Education (DOE) limit the number of students in classrooms across all of its K-12 schools, through a 5-year phase-in process beginning in fall of 2023. Though the DOE currently provides reporting on the average class size of all DOE schools and programs, reporting on actual class sizes would provide increased transparency.

“By requiring the New York City Department of Education to report actual class sizes three times a year and expand reporting on the number of students in special programs, we are taking a critical step towards ensuring equitable access to quality education for all,” said Council Member Rita Joseph . “Int.45 will empower parents, educators, and policymakers with the information they need to advocate effectively for our children’s futures. Together, we are building a stronger, more accountable education system that leaves no student behind.”

Distributing Information on Low- or No-Cost Healthcare to Older Adults

Introduction 228-A , sponsored by Council Member Crystal Hudson , would require the NYC Department for the Aging (DFTA) to make information available to older adults about NYC Care, the NYC Health + Hospitals initiative to provide low- or no-cost primary health care to income-eligible NYC residents. DFTA would be required to provide eligibility guidelines for the initiative, clarify it is not based on immigration status, and ensure information is available in paper form and at all locations where DFTA services are provided.

“For our older neighbors, access to low or no-cost primary health care is a vital resource,” said Council Member Crystal Hudson . “However, too many of our neighbors—of all ages—are unaware of NYC Health + Hospitals’ NYC Care initiative, which was created to expand access to primary health care for all New Yorkers, regardless of immigration status. The passage of Int. 228A will help us guarantee our older neighbors are equipped with the information they need to lead healthy lives and gain access to the myriad additional resources NYC Cares provides, including housing, legal, and food assistance. Int. 228A also represents another critical piece in our fight to make New York City the best place to grow older, and I am eager to continue working toward that end under the leadership of Speaker Adams.”

Clarifying Frequency of Reports on the Removal of Individuals Experiencing Homelessness from Public Space

Introduction 349 , sponsored by Council Member Sandy Nurse , would clarify that required reports on the removal of individuals experiencing homelessness from public spaces, and the services offered and outcomes, are to be submitted on a quarterly basis.

“Today’s bill further clarifies that the City will be required to issue quarterly reports on homeless sweeps and other removals, the first of which is expected in May,” said Council Member Sandy Nurse . “Int. 349 is especially prescient as recent reporting has shown that more and more migrants are being forced to sleep on the streets and subways due to the Administration’s new rules restricting shelter stays. Now more than ever the Council needs greater transparency and accountability over the Administration to protect people’s human and civil rights, as well as to move us away from destructive policies that do nothing to place people in housing.”

East 94th Street Rezoning – LM East 94 LLC seeks a zoning map amendment to change an existing M1-4 district to a C2-8 and C4-6 district and related zoning text amendment to establish a Mandatory Inclusionary Housing (MIH) area in Council Member Julie Menin’s district. These actions will facilitate a new 40-story mixed-use building with approximately 487 housing units, including 146 affordable units, and commercial and community facility space on the lower floors. The Council is modifying the application to strike MIH Option 1 (25% of units at 60% of AMI) and require MIH Option 2 (30% of units averaged at 80% of AMI).

Brownsville Arts Center and Apartments – New York City Department of Housing and Preservation and Development (HPD) requests a zoning map amendment, a zoning text amendment, the designation of an Urban Development Action Area (UDAA) and Urban Development Action Area Project (UDAAP), and disposition of City-owned property in Council Member Darlene Mealy’s district. These actions will facilitate the development of a nine-story mixed-use building that includes approximately 283 affordable housing units, outdoor open space, and ground floor community facility space to promote local arts and culture.

Jennings Hall Expansion – St. Nicks Alliance requests a Zoning Map Amendment to change existing R6B, R7A, and R7A/C2-4 Districts to R7A, R7X, and R7X/C2-4 Districts and related Zoning Text Amendment to establish a Mandatory Inclusionary Housing area in Council Member Jennifer Gutierrez’s district. These actions will facilitate the development of a new 14-story building and the expansion of the existing Jennings Hall senior housing facility with approximately 218 new affordable senior housing units and ground floor commercial space. The Council is modifying the application to remove Option 2 and add the Deep Affordability Option, resulting in MIH Option 1 and the Deep Affordability Option as the available MIH Options for this project area.

88-08 Justice Avenue Restrictive Declaration Termination – Justice Avenue Tower, LLC, in Council Member Shekar Krishnan’s district, requests a cancellation of a Restrictive Declaration from 1973 prohibiting commercial uses on the site that would otherwise be allowed as-of-right. This will facilitate the conversion of community facility space to commercial use in a portion of a recently completed 18-story mixed-use building with 180 residential units, community facility space in the Central Queens Academy Charter School, ambulatory medical space, and 407 parking spaces in a multi-level parking structure.

26-17 37th Avenue Rezoning – Yaron Rosenthal is seeking a Zoning Map Amendment to change an existing M1-1 district to an M1-5 district. The development site in Council Member Julie Won’s district is currently occupied by a one-story plus cellar light manufacturing building. These actions will facilitate a new seven-story mixed-use building with light manufacturing uses, commercial uses, 58 parking spaces in the cellar and sub-cellar levels, and two loading docks.

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• Statement from New York City Council on Its Appeal of Latest Ruling on Municipal Voting Law – Local Law 11 of 2022 March 25, 2024
• New York City Council Releases 2024 State Budget Priorities in Final Push Ahead of April 1 Deadline March 25, 2024
• New York City Council Votes to Declare Continuing Housing Emergency to Maintain Rent Stabilization Laws March 19, 2024
• Joint Statement from Speaker Adrienne Adams and Deputy Speaker Diana Ayala on the Settlement to Preserve Right to Shelter Protections March 15, 2024
• Speaker Adams Outlines Vision to “Move Forward Together” with Focus on Ensuring City Remains Home to Working- and Middle-Class Families and City Government is Strengthened to Meet Needs of All New Yorkers March 13, 2024

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