Bill Text: NY A01937 | 2017-2018 | 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 32-0)
Status: (Introduced - Dead) 2018-01-03 - referred to housing [A01937 Detail]
Download: New_York-2017-A01937-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1937 2017-2018 Regular Sessions IN ASSEMBLY January 17, 2017 ___________ Introduced by M. of A. JOYNER -- 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 22 subparagraph; provided, however, an owner shall not be entitled to any EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06704-01-7A. 1937 2 1 adjustment pursuant to this subparagraph where any modification or 2 increase in dwelling space, services, furniture, furnishings or equip- 3 ment is made to accommodate the needs of a disabled tenant. For 4 purposes of this subparagraph, "disabled" means an individual (i) with a 5 physical or mental impairment, including, but not limited to, those of 6 neurological, emotional or sensory organs, which substantially limits 7 one or more of the individual's major life activities, and (ii) who is 8 regarded as having such an impairment as certified by a licensed physi- 9 cian of this state; or 10 § 2. Paragraph 13 of subdivision c of section 26-511 of the adminis- 11 trative code of the city of New York, as amended by section 16 of part B 12 of chapter 97 of the laws of 2011, is amended to read as follows: 13 (13) provides that an owner is entitled to a rent increase where there 14 has been a substantial modification or increase of dwelling space or an 15 increase in the services, or installation of new equipment or improve- 16 ments or new furniture or furnishings provided in or to a tenant's hous- 17 ing accommodation, on written tenant consent to the rent increase. In 18 the case of a vacant housing accommodation, tenant consent shall not be 19 required. The permanent increase in the legal regulated rent for the 20 affected housing accommodation shall be one-fortieth, in the case of a 21 building with thirty-five or fewer housing accommodations, or one-sixti- 22 eth, in the case of a building with more than thirty-five housing accom- 23 modations where such permanent increase takes effect on or after Septem- 24 ber twenty-fourth, two thousand eleven, of the total cost incurred by 25 the landlord in providing such modification or increase in dwelling 26 space, services, furniture, furnishings or equipment, including the cost 27 of installation, but excluding finance charges. Provided further that an 28 owner who is entitled to a rent increase pursuant to this paragraph 29 shall not be entitled to a further rent increase based upon the instal- 30 lation of similar equipment, or new furniture or furnishings within the 31 useful life of such new equipment, or new furniture or furnishings. 32 Provided, however, an owner shall not be entitled to any rent increase 33 pursuant to this paragraph where any modification, increase or improve- 34 ment in dwelling space, services, furniture, furnishings or equipment is 35 made to accommodate the needs of a disabled tenant. For purposes of 36 this paragraph, "disabled" means an individual (i) with a physical or 37 mental impairment, including, but not limited to, those of neurological, 38 emotional or sensory organs, which substantially limits one or more of 39 the individual's major life activities, and (ii) who is regarded as 40 having such an impairment as certified by a licensed physician of this 41 state. 42 § 3. Paragraph 1 of subdivision d of section 6 of section 4 of chapter 43 576 of the laws of 1974, constituting the emergency tenant protection 44 act of nineteen seventy-four, as amended by section 18 of part B of 45 chapter 97 of the laws of 2011, is amended to read as follows: 46 (1) there has been a substantial modification or increase of dwelling 47 space or an increase in the services, or installation of new equipment 48 or improvements or new furniture or furnishings, provided in or to a 49 tenant's housing accommodation, on written tenant consent to the rent 50 increase. In the case of a vacant housing accommodation, tenant consent 51 shall not be required. The permanent increase in the legal regulated 52 rent for the affected housing accommodation shall be one-fortieth, in 53 the case of a building with thirty-five or fewer housing accommodations, 54 or one-sixtieth, in the case of a building with more than thirty-five 55 housing accommodations where such permanent increase takes effect on or 56 after September twenty-fourth, two thousand eleven, of the total costA. 1937 3 1 incurred by the landlord in providing such modification or increase in 2 dwelling space, services, furniture, furnishings or equipment, including 3 the cost of installation, but excluding finance charges. Provided 4 further that an owner who is entitled to a rent increase pursuant to 5 this paragraph shall not be entitled to a further rent increase based 6 upon the installation of similar equipment, or new furniture or 7 furnishings within the useful life of such new equipment, or new furni- 8 ture or furnishings. Provided, however, an owner shall not be entitled 9 to any rent increase pursuant to this paragraph where any modification, 10 increase or improvement in dwelling space, services, furniture, 11 furnishings or equipment is made to accommodate the needs of a disabled 12 tenant. For purposes of this paragraph, "disabled" means an individual 13 (i) with a physical or mental impairment, including, but not limited to, 14 those of neurological, emotional or sensory organs, which substantially 15 limits one or more of the individual's major life activities, and (ii) 16 who is regarded as having such an impairment as certified by a licensed 17 physician of this state. 18 § 4. Clause 5 of the second undesignated paragraph of paragraph (a) of 19 subdivision 4 of section 4 of chapter 274 of the laws of 1946, consti- 20 tuting the emergency housing rent control law, as amended by section 25 21 of part B of chapter 97 of the laws of 2011, is amended to read as 22 follows: 23 (5) the landlord and tenant by mutual voluntary written agreement 24 agree to a substantial increase or decrease in dwelling space or a 25 change in the services, furniture, furnishings or equipment provided in 26 the housing accommodations; provided that an owner shall be entitled to 27 a rent increase where there has been a substantial modification or 28 increase of dwelling space or an increase in the services, or installa- 29 tion of new equipment or improvements or new furniture or furnishings 30 provided in or to a tenant's housing accommodation. The permanent 31 increase in the maximum rent for the affected housing accommodation 32 shall be one-fortieth, in the case of a building with thirty-five or 33 fewer housing accommodations, or one-sixtieth, in the case of a building 34 with more than thirty-five housing accommodations where such permanent 35 increase takes effect on or after September twenty-fourth, two thousand 36 eleven, of the total cost incurred by the landlord in providing such 37 modification or increase in dwelling space, services, furniture, 38 furnishings or equipment, including the cost of installation, but 39 excluding finance charges provided further that an owner who is entitled 40 to a rent increase pursuant to this clause shall not be entitled to a 41 further rent increase based upon the installation of similar equipment, 42 or new furniture or furnishings within the useful life of such new 43 equipment, or new furniture or furnishings. The owner shall give written 44 notice to the commission of any such adjustment pursuant to this clause; 45 provided, however, an owner shall not be entitled to any adjustment 46 pursuant to this clause where any modification, improvement or increase 47 in dwelling space, services, furniture, furnishings or equipment is made 48 to accommodate the needs of a disabled tenant. For purposes of this 49 clause, "disabled" means an individual (i) with a physical or mental 50 impairment, including, but not limited to, those of neurological, 51 emotional or sensory organs, which substantially limits one or more of 52 the individual's major life activities, and (ii) who is regarded as 53 having such an impairment as certified by a licensed physician of this 54 state; or 55 § 5. This act shall take effect immediately; provided that:A. 1937 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.
