Bill Text: NY A06814 | 2015-2016 | General Assembly | Introduced
Bill Title: Establishes a criteria for approval for rent increases to rent regulated property resulting from energy-related major capital improvements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - referred to housing [A06814 Detail]
Download: New_York-2015-A06814-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6814 2015-2016 Regular Sessions I N A S S E M B L Y April 6, 2015 ___________ Introduced by M. of A. CRESPO -- read once and referred to the Committee on Housing AN ACT to amend the administrative code of the city of New York and the emergency tenant protection act of nineteen seventy-four, in relation to approval of energy-related major capital improvement rent increases THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 26-405 of the administrative code of the city of 2 New York is amended by adding a new subdivision n to read as follows: 3 N. NO ENERGY-RELATED MAJOR CAPITAL IMPROVEMENT RENT INCREASE WILL BE 4 APPROVED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL UNLESS PRIOR 5 TO PERFORMING ENERGY-RELATED MAJOR CAPITAL IMPROVEMENTS, AN ENERGY 6 AUDIT, AS DEFINED IN SECTION 28-308.1 OF THIS CHAPTER, DEMONSTRATES THAT 7 SUCH IMPROVEMENTS TO THE BUILDING ARE NECESSARY IN ORDER TO OPTIMIZE 8 ENERGY PERFORMANCE OF THE BUILDING. FURTHER, NO ENERGY-RELATED MAJOR 9 CAPITAL IMPROVEMENT RENT INCREASE WILL BE APPROVED BY THE DIVISION OF 10 HOUSING AND COMMUNITY RENEWAL UNLESS THE LANDLORD HAS DEMONSTRATED THAT 11 HE OR SHE HAS EXHAUSTED ALL PUBLIC FUNDING OPPORTUNITIES IN ORDER TO 12 AVOID THE RATE INCREASE. 13 S 2. Subdivision c of section 26-511 of the administrative code of the 14 city of New York is amended by adding a new paragraph 6-b to read as 15 follows: 16 (6-B) PROVIDES CRITERIA WHEREBY THE COMMISSIONER MAY ACT UPON APPLICA- 17 TIONS BY OWNERS FOR INCREASES IN EXCESS OF THE LEVEL OF FAIR RENT 18 INCREASE ESTABLISHED UNDER THIS LAW PROVIDED, HOWEVER, THAT SUCH CRITE- 19 RIA SHALL PROVIDE THAT NO ENERGY-RELATED MAJOR CAPITAL IMPROVEMENT RENT 20 INCREASE WILL BE APPROVED BY THE DIVISION UNLESS PRIOR TO PERFORMING 21 ENERGY-RELATED MAJOR CAPITAL IMPROVEMENTS, AN ENERGY AUDIT, AS DEFINED 22 IN SECTION 28-308.1 OF THIS CHAPTER, DEMONSTRATES THAT SUCH IMPROVEMENTS 23 TO THE BUILDING ARE NECESSARY IN ORDER TO OPTIMIZE ENERGY PERFORMANCE OF 24 THE BUILDING. FURTHER, NO ENERGY-RELATED MAJOR CAPITAL IMPROVEMENT RENT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08413-01-5 A. 6814 2 1 INCREASE WILL BE APPROVED BY THE DIVISION UNLESS THE LANDLORD HAS DEMON- 2 STRATED THAT HE OR SHE HAS EXHAUSTED ALL PUBLIC FUNDING OPPORTUNITIES IN 3 ORDER TO AVOID THE RATE INCREASE. 4 S 3. Section 6 of section 4 of chapter 576 of the laws of 1974, 5 constituting the emergency tenant protection act of nineteen seventy- 6 four, is amended by adding a new subdivision d-1 to read as follows: 7 D-1. NO ENERGY-RELATED MAJOR CAPITAL IMPROVEMENT RENT INCREASE WILL BE 8 APPROVED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL UNLESS PRIOR 9 TO PERFORMING ENERGY-RELATED MAJOR CAPITAL IMPROVEMENTS, AN ENERGY 10 AUDIT, AS DEFINED IN SECTION 28-308.1 OF THIS CHAPTER, DEMONSTRATES THAT 11 SUCH IMPROVEMENTS TO THE BUILDING ARE NECESSARY IN ORDER TO OPTIMIZE 12 ENERGY PERFORMANCE OF THE BUILDING. FURTHER, NO ENERGY-RELATED MAJOR 13 CAPITAL IMPROVEMENT RENT INCREASE WILL BE APPROVED BY THE DIVISION OF 14 HOUSING AND COMMUNITY RENEWAL UNLESS THE LANDLORD HAS DEMONSTRATED THAT 15 HE OR SHE HAS EXHAUSTED ALL PUBLIC FUNDING OPPORTUNITIES IN ORDER TO 16 AVOID THE RATE INCREASE. 17 S 4. This act shall take effect immediately, provided that: 18 (a) The amendment to section 26-405 of the city rent and rehabili- 19 tation law made by section one of this act shall remain in full force 20 and effect only so long as the public emergency requiring the regulation 21 and control of residential rents and evictions continues, as provided in 22 subdivision 3 of section 1 of the local emergency housing rent control 23 act; 24 (b) The amendment to section 26-511 of the rent stabilization law of 25 nineteen hundred sixty-nine made by section two of this act shall expire 26 on the same date as such law expires and shall not affect the expiration 27 of such law as provided under section 26-520 of such law, as from time 28 to time amended; and 29 (c) The amendment to section 6 of the emergency tenant protection act 30 of nineteen seventy-four made by section three of this act shall expire 31 on the same date as such act expires and shall not affect the expiration 32 of such act as provided in section 17 of chapter 576 of the laws of 33 1974, as from time to time amended.