Bill Text: NY A06814 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 6814 (Prior Session Legislation)

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.