Bill Text: NY A05089 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the administrative code of the city of New York, the emergency tenant protection act of nineteen seventy-four and the emergency housing rent control law, in relation to rent increases for certain housing accommodations
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2010-01-06 - referred to housing [A05089 Detail]
Download: New_York-2009-A05089-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5089 2009-2010 Regular Sessions I N A S S E M B L Y February 10, 2009 ___________ Introduced by M. of A. V. LOPEZ, AUBRY, KAVANAGH, KELLNER -- 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 rent increases for certain housing accommodations 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 chapter 253 of the laws of 1993, is amended to read as follows: 4 (e) The landlord and tenant by mutual voluntary written agreement 5 agree to a substantial increase or decrease in dwelling space or a 6 change in the services, furniture, furnishings or equipment provided in 7 the housing accommodations. An adjustment under this subparagraph shall 8 be equal to [one-fortieth] ONE-SEVENTY-SECOND of the total cost incurred 9 by the landlord in providing such modification or increase in dwelling 10 space, services, furniture, furnishings or equipment, including the cost 11 of installation, but excluding finance charges, provided further [than 12 an owner] THAT A LANDLORD who is entitled to a rent increase pursuant to 13 this subparagraph shall not be entitled to a further rent increase based 14 upon the installation of similar equipment, or new furniture or 15 furnishings within the useful life of such new equipment, or new furni- 16 ture or furnishings. The owner shall give written notice to the city 17 rent agency of any such adjustment pursuant to this subparagraph[.]; or 18 S 2. Paragraph 13 of subdivision c of section 26-511 of the adminis- 19 trative code of the city of New York, as added by chapter 253 of the 20 laws of 1993, is amended to read as follows: 21 (13) provides that an owner is entitled to a rent increase where there 22 has been a substantial modification or increase of dwelling space or an 23 increase in the services, or installation of new equipment or improve- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08700-01-9 A. 5089 2 1 ments or new furniture or furnishings provided in or to a tenant's hous- 2 ing accommodation, on written tenant consent to the rent increase. In 3 the case of a vacant housing accommodation, tenant consent shall not be 4 required. The permanent increase in the legal regulated rent for the 5 affected housing accommodation shall be [one-fortieth] ONE-SEVENTY-SEC- 6 OND of the total cost incurred by the landlord in providing such modifi- 7 cation or increase in dwelling space, services, furniture, furnishings 8 or equipment, including the cost of installation, but excluding finance 9 charges. Provided further that an owner who is entitled to a rent 10 increase pursuant to this paragraph shall not be entitled to a further 11 rent increase based upon the installation of similar equipment, or new 12 furniture or furnishings within the useful life of such new equipment, 13 or new furniture or furnishings. 14 S 3. Paragraph 1 of subdivision d of section 6 of section 4 of chapter 15 576 of the laws of 1974, constituting the emergency tenant protection 16 act of nineteen seventy-four, as added by chapter 253 of the laws of 17 1993, is amended to read as follows: 18 (1) there has been a substantial modification or increase of dwelling 19 space or an increase in the services, or installation of new equipment 20 or improvements or new furniture or furnishings, provided in or to a 21 tenant's housing accommodation, on written tenant consent to the rent 22 increase. In the case of a vacant housing accommodation, tenant consent 23 shall not be required. The permanent increase in the legal regulated 24 rent for the affected housing accommodation shall be [one-fortieth] 25 ONE-SEVENTY-SECOND of the total cost incurred by the landlord in provid- 26 ing such modification or increase in dwelling space, services, furni- 27 ture, furnishings or equipment, including the cost of installation, but 28 excluding finance charges. Provided further [than] THAT an owner who is 29 entitled to a rent increase pursuant to this paragraph shall not be 30 entitled to a further rent increase based upon the installation of simi- 31 lar equipment, or new furniture or furnishings within the useful life of 32 such new equipment, or new furniture or furnishings. 33 S 4. Clause 5 of the second undesignated paragraph of paragraph (a) of 34 subdivision 4 of section 4 of chapter 274 of the laws of 1946, consti- 35 tuting the emergency housing rent control law, as amended by chapter 253 36 of the laws of 1993, is amended to read as follows: 37 (5) the landlord and tenant by mutual voluntary written agreement 38 agree to a substantial increase or decrease in dwelling space or a 39 change in the services, furniture, furnishings or equipment provided in 40 the housing accommodations provided that an owner shall be entitled to a 41 rent increase where there has been a substantial modification or 42 increase of dwelling space or an increase in the services, or installa- 43 tion of new equipment or improvements or new furniture or furnishings 44 provided in or to a tenant's housing accommodation. The permanent 45 increase in the maximum rent for the affected housing accommodation 46 shall be [one-fortieth] ONE-SEVENTY-SECOND of the total cost incurred by 47 the landlord in providing such modification or increase in dwelling 48 space, services, furniture, furnishings or equipment, including the cost 49 of installation, but excluding finance charges provided further that an 50 owner who is entitled to a rent increase pursuant to this clause shall 51 not be entitled to a further rent increase based upon the installation 52 of similar equipment, or new furniture or furnishings within the useful 53 life of such new equipment, or new furniture or furnishings. The owner 54 shall give written notice to the commission of any such adjustment 55 pursuant to this clause; or A. 5089 3 1 S 5. This act shall take effect immediately provided, however, it 2 shall apply only to rent increases which an owner first becomes entitled 3 to after the effective date of this act; and provided further that the 4 amendments to section 26-405 of the city rent and rehabilitation law 5 made by section one of this act shall remain in full force and effect 6 only so long as the public emergency requiring the regulation and 7 control of residential rents and evictions continues, as provided in 8 subdivision 3 of section 1 of the local emergency housing rent control 9 act, as amended; and provided further that the amendments to section 10 26-511 of the rent stabilization law of nineteen hundred sixty-nine made 11 by section two of this act shall expire on the same date as such law 12 expires and shall not affect the expiration of such law as provided 13 under section 26-520 of such law; and provided further that the amend- 14 ments to section 6 of the emergency tenant protection act of nineteen 15 seventy-four made by section three of this act shall expire on the same 16 date as such act expires and shall not affect the expiration of such act 17 as provided in section 17 of chapter 576 of the laws of 1974, as 18 amended; and provided that the amendments to section 4 of the emergency 19 housing rent control law made by section four of this act shall expire 20 on the same date as such law expires and shall not affect the expiration 21 of such law as provided in subdivision 2 of section 1 of chapter 274 of 22 the laws of 1946, as amended.