STATE OF NEW YORK ________________________________________________________________________ 481 2017-2018 Regular Sessions IN SENATE (Prefiled) January 4, 2017 ___________ Introduced by Sen. SQUADRON -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development 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 the termination of rent inclusion of electricity for housing accommodations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision c of section 26-511 of the administrative code 2 of the city of New York is amended by adding a new paragraph 15 to read 3 as follows: 4 (15) provides that owners of buildings which are master metered for 5 electricity and have rent inclusion of electricity may file applications 6 to terminate the rent inclusion of electricity for the accommodations 7 subject to this section. 8 (a) The division of housing and community renewal shall formulate and 9 publish a schedule of rent adjustments or update the schedule of adjust- 10 ments within six months of the publication of a new housing and vacancy 11 survey by the United States Census Bureau. The schedule or updated sche- 12 dule of rent adjustments shall be based on the new survey data as tabu- 13 lated by the New York city rent guidelines board, governing the rate by 14 which the rent of regulated housing accommodations shall be adjusted 15 upon and after conversion to individual metering at the building by 16 means of either direct metering or submetering. The division of housing 17 and community renewal shall promulgate an operational bulletin and/or 18 modify or amend its regulations as may be necessary to give effect to 19 the provisions of this paragraph. 20 (b) The New York city rent guidelines board shall provide staff and 21 assistance to the division of housing and community renewal, by tabulat- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01125-01-7S. 481 2 1 ing the data of the triennial New York city housing and vacancy survey 2 produced by the United States Census Bureau within ninety days of publi- 3 cation and providing the division of housing and community renewal the 4 data necessary to promulgate a schedule of rent adjustments. 5 (c) The schedule of rent reductions shall apply to all rent stabilized 6 accommodation units in a building that converts from master utility 7 metering to individual utility metering by means of either direct meter- 8 ing or submetering, and shall take effect during the year in which the 9 metering in the building is converted and continue each year thereafter. 10 (d) After the conversion, all tenants shall be responsible for their 11 own electric consumption except those who, on the date of conversion, 12 are receiving a senior citizen rent increase exemption or a disability 13 rent increase exemption pursuant to section 26-509 of this chapter. For 14 such tenants the rent shall not be reduced and the cost of electricity 15 shall remain included in the rent; however, the owner may install any 16 equipment in such tenant's housing accommodation as is required for 17 effectuation of the electrical conversion. If such tenant no longer 18 receives such benefit or vacates the housing accommodation, the owner 19 shall reduce the legal regulated rent for the housing accommodation in 20 accordance with the then-current schedule of rent reductions as promul- 21 gated by the division of housing and community renewal. 22 (e) Nothing in this paragraph shall be construed to permit shared 23 metering. 24 § 2. Section 26-405 of the administrative code of the city of New York 25 is amended by adding a new subdivision n to read as follows: 26 n. Schedule of rent reductions; individual electric metering. Owners 27 of buildings which are master metered for electricity and have rent 28 inclusion of electricity may file applications to terminate the rent 29 inclusion of electricity for the accommodations subject to this section. 30 (1) The city rent agency shall formulate and publish a schedule of 31 rent adjustments or update the schedule of adjustments within six months 32 of the publication of a new housing and vacancy survey by the United 33 States Census Bureau. The schedule or updated schedule of rent adjust- 34 ments shall be based on the new survey data as tabulated by the New York 35 city rent guidelines board, governing the rate by which the rent of 36 regulated housing accommodations shall be adjusted upon and after 37 conversion to individual metering at the building by means of either 38 direct metering or submetering. The city rent agency shall promulgate an 39 operational bulletin and/or modify or amend its regulations as may be 40 necessary to give effect to the provisions of this subdivision. 41 (2) The New York city rent guidelines board shall provide staff and 42 assistance to the city rent agency, by tabulating the data of the trien- 43 nial New York city housing and vacancy survey produced by the United 44 States Census Bureau within ninety days of publication and providing the 45 city rent agency the data necessary to promulgate a schedule of rent 46 adjustments. 47 (3) The schedule of rent reductions shall apply to all rent controlled 48 accommodation units in a building that converts from master utility 49 metering to individual utility metering by means of either direct meter- 50 ing or submetering, and shall take effect during the year in which the 51 metering in the building is converted and continue each year thereafter. 52 (4) After the conversion, all tenants shall be responsible for their 53 own electric consumption except those who, on the date of conversion, 54 are receiving a senior citizen rent increase exemption or a disability 55 rent increase exemption pursuant to section 26-406 of this chapter. For 56 such tenants the rent shall not be reduced and the cost of electricityS. 481 3 1 shall remain included in the rent; however, the owner may install any 2 equipment in such tenant's housing accommodation as is required for 3 effectuation of the electrical conversion. If such tenant no longer 4 receives such benefit or vacates the housing accommodation, the owner 5 shall reduce the maximum rent for the housing accommodation in accord- 6 ance with the then-current schedule of rent reductions as promulgated by 7 the city rent agency. 8 (5) Nothing in this subdivision shall be construed to permit shared 9 metering. 10 § 3. Subdivision d of section 6 of section 4 of chapter 576 of the 11 laws of 1974, constituting the emergency tenant protection act of nine- 12 teen seventy-four, is amended by adding a new paragraph 6 to read as 13 follows: 14 (6) owners of buildings which are master metered for electricity and 15 have rent inclusion of electricity may file applications to terminate 16 the rent inclusion of electricity for the accommodations subject to this 17 section. 18 (i) The division of housing and community renewal shall formulate and 19 publish a schedule of rent adjustments or update the schedule of adjust- 20 ments within six months of the publication of a new housing and vacancy 21 survey by the United States Census Bureau. The schedule or updated sche- 22 dule of rent adjustments shall be based on the new survey data as tabu- 23 lated by the New York city rent guidelines board, governing the rate by 24 which the rent of regulated housing accommodations shall be adjusted 25 upon and after conversion to individual metering at the building by 26 means of either direct metering or submetering. The division of housing 27 and community renewal shall promulgate an operational bulletin and/or 28 modify or amend its regulations as may be necessary to give effect to 29 the provisions of this paragraph. 30 (ii) The New York city rent guidelines board shall provide staff and 31 assistance to the division of housing and community renewal, by tabulat- 32 ing the data of the triennial New York city housing and vacancy survey 33 produced by the United States Census Bureau within ninety days of publi- 34 cation and providing the division of housing and community renewal the 35 data necessary to promulgate a schedule of rent adjustments. 36 (iii) The schedule of rent reductions shall apply to all rent stabi- 37 lized accommodation units in a building that converts from master utili- 38 ty metering to individual utility metering by means of either direct 39 metering or submetering, and shall take effect during the year in which 40 the metering in the building is converted and continue each year there- 41 after. 42 (iv) After the conversion, all tenants shall be responsible for their 43 own electric consumption except those who, on the date of conversion, 44 are receiving a senior citizen rent increase exemption or a disability 45 rent increase exemption pursuant to a local law, ordinance or resolution 46 as authorized by section 467-b of the real property tax law. For such 47 tenants the rent shall not be reduced and the cost of electricity shall 48 remain included in the rent; however, the owner may install any equip- 49 ment in such tenant's housing accommodation as is required for effectua- 50 tion of the electrical conversion. If such tenant no longer receives 51 such benefit or vacates the housing accommodation, the owner shall 52 reduce the legal regulated rent for the housing accommodation in accord- 53 ance with the then-current schedule of rent reductions as promulgated by 54 the division of housing and community renewal. 55 (v) Nothing in this paragraph shall be construed to permit shared 56 metering.S. 481 4 1 § 4. Section 4 of chapter 274 of the laws of 1946, constituting the 2 emergency housing rent control law, is amended by adding a new subdivi- 3 sion 9 to read as follows: 4 9. Owners of buildings which are master metered for electricity and 5 have rent inclusion of electricity may file applications to terminate 6 the rent inclusion of electricity for the accommodations subject to this 7 section. 8 (1) The division of housing and community renewal shall formulate and 9 publish a schedule of rent adjustments or update the schedule of adjust- 10 ments within six months of the publication of a new housing and vacancy 11 survey by the United States Census Bureau. The schedule or updated sche- 12 dule of rent adjustments shall be based on the new survey data as tabu- 13 lated by the New York city rent guidelines board, governing the rate by 14 which the rent of regulated housing accommodations shall be adjusted 15 upon and after conversion to individual metering at the building by 16 means of either direct metering or submetering. The division of housing 17 and community renewal shall promulgate an operational bulletin and/or 18 modify or amend its regulations as may be necessary to give effect to 19 the provisions of this subdivision. 20 (2) The New York city rent guidelines board shall provide staff and 21 assistance to the division of housing and community renewal, by tabulat- 22 ing the data of the triennial New York city housing and vacancy survey 23 produced by the United States Census Bureau within ninety days of publi- 24 cation and providing the division of housing and community renewal the 25 data necessary to promulgate a schedule of rent adjustments. 26 (3) The schedule of rent reductions shall apply to all rent controlled 27 accommodation units in a building that converts from master utility 28 metering to individual utility metering by means of either direct meter- 29 ing or submetering, and shall take effect during the year in which the 30 metering in the building is converted and continue each year thereafter. 31 (4) After the conversion, all tenants shall be responsible for their 32 own electric consumption except those who, on the date of conversion, 33 are receiving a senior citizen rent increase exemption or a disability 34 rent increase exemption pursuant to a local law, ordinance or resolution 35 as authorized by section 467-b of the real property tax law. For such 36 tenants the rent shall not be reduced and the cost of electricity shall 37 remain included in the rent; however, the owner may install any equip- 38 ment in such tenant's housing accommodation as is required for effectua- 39 tion of the electrical conversion. If such tenant no longer receives 40 such benefit or vacates the housing accommodation, the owner shall 41 reduce the maximum rent for the housing accommodation in accordance with 42 the then-current schedule of rent reductions as promulgated by the divi- 43 sion of housing and community renewal. 44 (5) Nothing in this subdivision shall be construed to permit shared 45 metering. 46 § 5. This act shall take effect immediately; provided that: 47 a. sections one, two, three and four of this act shall take effect on 48 the first of January next succeeding the date upon which it shall have 49 become a law, and shall apply to all fiscal years commencing on or after 50 such date; 51 b. the amendments to section 26-511 of the rent stabilization law of 52 nineteen hundred sixty-nine made by section one of this act shall expire 53 on the same date as such law expires and shall not affect the expiration 54 of such law as provided under section 26-520 of such law; 55 c. the amendments to section 26-405 of the city rent and rehabili- 56 tation law made by section two of this act shall remain in full forceS. 481 5 1 and effect only as long as the public emergency requiring the regulation 2 and control of residential rents and evictions continues, as provided in 3 subdivision 3 of section 1 of the local emergency housing rent control 4 act; 5 d. the amendments to subdivision d of section 6 of the emergency 6 tenant protection act of nineteen seventy-four made by section three of 7 this act shall expire on the same date as such act expires and shall not 8 affect the expiration of such act as provided in section 17 of chapter 9 576 of the laws of 1974; and 10 e. the amendments to section 4 of the emergency housing rent control 11 law made by section four of this act shall expire on the same date as 12 such law expires and shall not affect the expiration of such law as 13 provided in subdivision 2 of section 1 of chapter 274 of the laws of 14 1946.