Bill Text: NY A00917 | 2019-2020 | General Assembly | Introduced


Bill Title: Prohibits the adjustment of maximum allowable rent where any modification, increase or improvement is made to accommodate the needs of a disabled tenant; defines disabled tenant.

Spectrum: Partisan Bill (Democrat 30-0)

Status: (Introduced) 2019-01-14 - referred to housing [A00917 Detail]

Download: New_York-2019-A00917-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           917
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by M. of A. JOYNER, ORTIZ, GUNTHER, GOTTFRIED, COOK, BARRON,
          GLICK, D'URSO, COLTON, SIMON, PERRY -- read once and referred  to  the
          Committee on Housing
        AN  ACT  to  amend  the administrative code of the city of New York, the
          emergency tenant protection act of nineteen seventy-four and the emer-
          gency housing rent control law, in relation to prohibiting the adjust-
          ment of maximum allowable rent where  any  modification,  increase  or
          improvement is made to accommodate the needs of a disabled tenant
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subparagraph (e) of paragraph 1 of subdivision g of section
     2  26-405 of the administrative code of the city of New York, as amended by
     3  section 15 of part B of chapter 97 of the laws of 2011,  is  amended  to
     4  read as follows:
     5    (e)  The  landlord  and  tenant  by mutual voluntary written agreement
     6  agree to a substantial increase or  decrease  in  dwelling  space  or  a
     7  change  in the services, furniture, furnishings or equipment provided in
     8  the housing accommodations. An adjustment under this subparagraph  shall
     9  be  equal to one-fortieth, in the case of a building with thirty-five or
    10  fewer housing accommodations, or one-sixtieth, in the case of a building
    11  with more than thirty-five housing accommodations where such  adjustment
    12  takes  effect  on or after September twenty-fourth, two thousand eleven,
    13  of the total cost incurred by the landlord in providing  such  modifica-
    14  tion  or increase in dwelling space, services, furniture, furnishings or
    15  equipment, including the cost of  installation,  but  excluding  finance
    16  charges,  provided  further  that  an  owner  who  is entitled to a rent
    17  increase pursuant to this  subparagraph  shall  not  be  entitled  to  a
    18  further  rent increase based upon the installation of similar equipment,
    19  or new furniture or furnishings within  the  useful  life  of  such  new
    20  equipment, or new furniture or furnishings. The owner shall give written
    21  notice  to  the city rent agency of any such adjustment pursuant to this
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00096-01-9

        A. 917                              2
     1  subparagraph; provided, however, an owner shall not be entitled  to  any
     2  adjustment  pursuant  to  this  subparagraph  where  any modification or
     3  increase in dwelling space, services, furniture, furnishings  or  equip-
     4  ment  is  made  to  accommodate  the  needs  of a disabled tenant.   For
     5  purposes of this subparagraph, "disabled" means an individual (i) with a
     6  physical or mental impairment, including, but not limited to,  those  of
     7  neurological,  emotional  or  sensory organs, which substantially limits
     8  one or more of the individual's major life activities, and (ii)  who  is
     9  regarded  as having such an impairment as certified by a licensed physi-
    10  cian of this state; or
    11    § 2. Paragraph 13 of subdivision c of section 26-511 of  the  adminis-
    12  trative code of the city of New York, as amended by section 16 of part B
    13  of chapter 97 of the laws of 2011, is amended to read as follows:
    14    (13) provides that an owner is entitled to a rent increase where there
    15  has  been a substantial modification or increase of dwelling space or an
    16  increase in the services, or installation of new equipment  or  improve-
    17  ments or new furniture or furnishings provided in or to a tenant's hous-
    18  ing  accommodation,  on  written tenant consent to the rent increase. In
    19  the case of a vacant housing accommodation, tenant consent shall not  be
    20  required.  The  permanent  increase  in the legal regulated rent for the
    21  affected housing accommodation shall be one-fortieth, in the case  of  a
    22  building with thirty-five or fewer housing accommodations, or one-sixti-
    23  eth, in the case of a building with more than thirty-five housing accom-
    24  modations where such permanent increase takes effect on or after Septem-
    25  ber  twenty-fourth,  two  thousand eleven, of the total cost incurred by
    26  the landlord in providing such  modification  or  increase  in  dwelling
    27  space, services, furniture, furnishings or equipment, including the cost
    28  of installation, but excluding finance charges. Provided further that an
    29  owner  who  is  entitled  to  a rent increase pursuant to this paragraph
    30  shall not be entitled to a further rent increase based upon the  instal-
    31  lation  of similar equipment, or new furniture or furnishings within the
    32  useful life of such new equipment,  or  new  furniture  or  furnishings.
    33  Provided,  however,  an owner shall not be entitled to any rent increase
    34  pursuant to this paragraph where any modification, increase or  improve-
    35  ment in dwelling space, services, furniture, furnishings or equipment is
    36  made  to  accommodate  the  needs of a disabled tenant.  For purposes of
    37  this paragraph, "disabled" means an individual (i) with  a  physical  or
    38  mental impairment, including, but not limited to, those of neurological,
    39  emotional  or  sensory organs, which substantially limits one or more of
    40  the individual's major life activities, and  (ii)  who  is  regarded  as
    41  having  such  an impairment as certified by a licensed physician of this
    42  state.
    43    § 3. Paragraph 1 of subdivision d of section 6 of section 4 of chapter
    44  576 of the laws of 1974, constituting the  emergency  tenant  protection
    45  act  of  nineteen  seventy-four,  as  amended by section 18 of part B of
    46  chapter 97 of the laws of 2011, is amended to read as follows:
    47    (1) there has been a substantial modification or increase of  dwelling
    48  space  or  an increase in the services, or installation of new equipment
    49  or improvements or new furniture or furnishings, provided  in  or  to  a
    50  tenant's  housing  accommodation,  on written tenant consent to the rent
    51  increase. In the case of a vacant housing accommodation, tenant  consent
    52  shall  not  be  required.  The permanent increase in the legal regulated
    53  rent for the affected housing accommodation shall  be  one-fortieth,  in
    54  the case of a building with thirty-five or fewer housing accommodations,
    55  or  one-sixtieth,  in  the case of a building with more than thirty-five
    56  housing accommodations where such permanent increase takes effect on  or

        A. 917                              3
     1  after  September  twenty-fourth,  two thousand eleven, of the total cost
     2  incurred by the landlord in providing such modification or  increase  in
     3  dwelling space, services, furniture, furnishings or equipment, including
     4  the  cost  of  installation,  but  excluding  finance  charges. Provided
     5  further that an owner who is entitled to a  rent  increase  pursuant  to
     6  this  paragraph  shall  not be entitled to a further rent increase based
     7  upon  the  installation  of  similar  equipment,  or  new  furniture  or
     8  furnishings  within the useful life of such new equipment, or new furni-
     9  ture or furnishings.  Provided, however, an owner shall not be  entitled
    10  to  any rent increase pursuant to this paragraph where any modification,
    11  increase  or  improvement  in  dwelling  space,   services,   furniture,
    12  furnishings  or equipment is made to accommodate the needs of a disabled
    13  tenant.  For purposes of this paragraph, "disabled" means an  individual
    14  (i) with a physical or mental impairment, including, but not limited to,
    15  those  of neurological, emotional or sensory organs, which substantially
    16  limits one or more of the individual's major life activities,  and  (ii)
    17  who  is regarded as having such an impairment as certified by a licensed
    18  physician of this state.
    19    § 4. Clause 5 of the second undesignated paragraph of paragraph (a) of
    20  subdivision 4 of section 4 of chapter 274 of the laws of  1946,  consti-
    21  tuting  the emergency housing rent control law, as amended by section 25
    22  of part B of chapter 97 of the laws of  2011,  is  amended  to  read  as
    23  follows:
    24    (5)  the  landlord  and  tenant  by mutual voluntary written agreement
    25  agree to a substantial increase or  decrease  in  dwelling  space  or  a
    26  change  in the services, furniture, furnishings or equipment provided in
    27  the housing accommodations; provided that an owner shall be entitled  to
    28  a  rent  increase  where  there  has  been a substantial modification or
    29  increase of dwelling space or an increase in the services, or  installa-
    30  tion  of  new  equipment or improvements or new furniture or furnishings
    31  provided in or  to  a  tenant's  housing  accommodation.  The  permanent
    32  increase  in  the  maximum  rent  for the affected housing accommodation
    33  shall be one-fortieth, in the case of a  building  with  thirty-five  or
    34  fewer housing accommodations, or one-sixtieth, in the case of a building
    35  with  more  than thirty-five housing accommodations where such permanent
    36  increase takes effect on or after September twenty-fourth, two  thousand
    37  eleven,  of  the  total  cost incurred by the landlord in providing such
    38  modification  or  increase  in  dwelling  space,  services,   furniture,
    39  furnishings  or  equipment,  including  the  cost  of  installation, but
    40  excluding finance charges provided further that an owner who is entitled
    41  to a rent increase pursuant to this clause shall not be  entitled  to  a
    42  further  rent increase based upon the installation of similar equipment,
    43  or new furniture or furnishings within  the  useful  life  of  such  new
    44  equipment, or new furniture or furnishings. The owner shall give written
    45  notice to the commission of any such adjustment pursuant to this clause;
    46  provided,  however,  an  owner  shall  not be entitled to any adjustment
    47  pursuant to this clause where any modification, improvement or  increase
    48  in dwelling space, services, furniture, furnishings or equipment is made
    49  to  accommodate  the  needs  of a disabled tenant.  For purposes of this
    50  clause, "disabled" means an individual (i) with  a  physical  or  mental
    51  impairment,  including,  but  not  limited  to,  those  of neurological,
    52  emotional or sensory organs, which substantially limits one or  more  of
    53  the  individual's  major  life  activities,  and (ii) who is regarded as
    54  having such an impairment as certified by a licensed physician  of  this
    55  state; or
    56    § 5. This act shall take effect immediately; provided that:

        A. 917                              4
     1    (a)  the  amendments  to section 26-405 of the city rent and rehabili-
     2  tation law made by section one of this act shall remain  in  full  force
     3  and effect only as long as the public emergency requiring the regulation
     4  and control of residential rents and evictions continues, as provided in
     5  subdivision  3  of section 1 of the local emergency housing rent control
     6  act;
     7    (b) the amendments made to section 26-511 of chapter 4 of title 26  of
     8  the  administrative  code of the city of New York made by section two of
     9  this act shall expire on the same date as such law expires and shall not
    10  affect the expiration of such law as provided under  section  26-520  of
    11  such law;
    12    (c) the amendments to section 6 of the emergency tenant protection act
    13  of  nineteen seventy-four made by section three of this act shall expire
    14  on the same date as such act expires and shall not affect the expiration
    15  of such act as provided in section 17 of chapter  576  of  the  laws  of
    16  1974; and
    17    (d)  the amendments to section 4 of the emergency housing rent control
    18  law made by section four of this act shall expire on the  same  date  as
    19  such  law  expires  and  shall  not affect the expiration of such law as
    20  provided in subdivision 2 of section 1 of chapter 274  of  the  laws  of
    21  1946.
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