Bill Text: NY S03383 | 2019-2020 | General Assembly | Amended
Bill Title: Requires the division of housing and community renewal to, within six months of each New York City housing and vacancy survey, publish an updated schedule of rent adjustments for all rent-stabilized units converted from master utility metering to individual utility metering; allows owners of buildings which are master metered for electricity and have rent inclusion of electricity to file applications to terminate the rent inclusion of electricity for such accommodations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-10 - PRINT NUMBER 3383A [S03383 Detail]
Download: New_York-2019-S03383-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3383--A 2019-2020 Regular Sessions IN SENATE February 6, 2019 ___________ Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- recommitted to the Committee on Housing, Construction and Community Development in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 requiring the division of housing and community renewal to, within six months of each New York city housing and vacancy survey, publish an updated schedule of rent adjustments for all rent-stabilized units converted from master utility metering to individual utility metering 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02450-02-0S. 3383--A 2 1 and community renewal shall promulgate an operational bulletin and/or 2 modify or amend its regulations as may be necessary to give effect to 3 the provisions of this paragraph. 4 (b) The New York city rent guidelines board shall provide staff and 5 assistance to the division of housing and community renewal, by tabulat- 6 ing the data of the triennial New York city housing and vacancy survey 7 produced by the United States Census Bureau within ninety days of publi- 8 cation and providing the division of housing and community renewal the 9 data necessary to promulgate a schedule of rent adjustments. 10 (c) The schedule of rent reductions shall apply to all rent stabilized 11 accommodation units in a building that converts from master utility 12 metering to individual utility metering by means of either direct meter- 13 ing or submetering, and shall take effect during the year in which the 14 metering in the building is converted and continue each year thereafter. 15 (d) After the conversion, all tenants shall be responsible for their 16 own electric consumption except those who, on the date of conversion, 17 are receiving a senior citizen rent increase exemption or a disability 18 rent increase exemption pursuant to section 26-509 of this chapter. For 19 such tenants the rent shall not be reduced and the cost of electricity 20 shall remain included in the rent; however, the owner may install any 21 equipment in such tenant's housing accommodation as is required for 22 effectuation of the electrical conversion. If such tenant no longer 23 receives such benefit or vacates the housing accommodation, the owner 24 shall reduce the legal regulated rent for the housing accommodation in 25 accordance with the then-current schedule of rent reductions as promul- 26 gated by the division of housing and community renewal. 27 (e) Nothing in this paragraph shall be construed to permit shared 28 metering. 29 § 2. Section 26-405 of the administrative code of the city of New York 30 is amended by adding a new subdivision n to read as follows: 31 n. Schedule of rent reductions; individual electric metering. Owners 32 of buildings which are master metered for electricity and have rent 33 inclusion of electricity may file applications to terminate the rent 34 inclusion of electricity for the accommodations subject to this section. 35 (1) The city rent agency shall formulate and publish a schedule of 36 rent adjustments or update the schedule of adjustments within six months 37 of the publication of a new housing and vacancy survey by the United 38 States Census Bureau. The schedule or updated schedule of rent adjust- 39 ments shall be based on the new survey data as tabulated by the New York 40 city rent guidelines board, governing the rate by which the rent of 41 regulated housing accommodations shall be adjusted upon and after 42 conversion to individual metering at the building by means of either 43 direct metering or submetering. The city rent agency shall promulgate an 44 operational bulletin and/or modify or amend its regulations as may be 45 necessary to give effect to the provisions of this subdivision. 46 (2) The New York city rent guidelines board shall provide staff and 47 assistance to the city rent agency, by tabulating the data of the trien- 48 nial New York city housing and vacancy survey produced by the United 49 States Census Bureau within ninety days of publication and providing the 50 city rent agency the data necessary to promulgate a schedule of rent 51 adjustments. 52 (3) The schedule of rent reductions shall apply to all rent controlled 53 accommodation units in a building that converts from master utility 54 metering to individual utility metering by means of either direct meter- 55 ing or submetering, and shall take effect during the year in which the 56 metering in the building is converted and continue each year thereafter.S. 3383--A 3 1 (4) After the conversion, all tenants shall be responsible for their 2 own electric consumption except those who, on the date of conversion, 3 are receiving a senior citizen rent increase exemption or a disability 4 rent increase exemption pursuant to section 26-406 of this chapter. For 5 such tenants the rent shall not be reduced and the cost of electricity 6 shall remain included in the rent; however, the owner may install any 7 equipment in such tenant's housing accommodation as is required for 8 effectuation of the electrical conversion. If such tenant no longer 9 receives such benefit or vacates the housing accommodation, the owner 10 shall reduce the maximum rent for the housing accommodation in accord- 11 ance with the then-current schedule of rent reductions as promulgated by 12 the city rent agency. 13 (5) Nothing in this subdivision shall be construed to permit shared 14 metering. 15 § 3. Subdivision d of section 6 of section 4 of chapter 576 of the 16 laws of 1974, constituting the emergency tenant protection act of nine- 17 teen seventy-four, is amended by adding a new paragraph 6 to read as 18 follows: 19 (6) owners of buildings which are master metered for electricity and 20 have rent inclusion of electricity may file applications to terminate 21 the rent inclusion of electricity for the accommodations subject to this 22 section. 23 (i) The division of housing and community renewal shall formulate and 24 publish a schedule of rent adjustments or update the schedule of adjust- 25 ments within six months of the publication of a new housing and vacancy 26 survey by the United States Census Bureau. The schedule or updated sche- 27 dule of rent adjustments shall be based on the new survey data as tabu- 28 lated by the New York city rent guidelines board, governing the rate by 29 which the rent of regulated housing accommodations shall be adjusted 30 upon and after conversion to individual metering at the building by 31 means of either direct metering or submetering. The division of housing 32 and community renewal shall promulgate an operational bulletin and/or 33 modify or amend its regulations as may be necessary to give effect to 34 the provisions of this paragraph. 35 (ii) The New York city rent guidelines board shall provide staff and 36 assistance to the division of housing and community renewal, by tabulat- 37 ing the data of the triennial New York city housing and vacancy survey 38 produced by the United States Census Bureau within ninety days of publi- 39 cation and providing the division of housing and community renewal the 40 data necessary to promulgate a schedule of rent adjustments. 41 (iii) The schedule of rent reductions shall apply to all rent stabi- 42 lized accommodation units in a building that converts from master utili- 43 ty metering to individual utility metering by means of either direct 44 metering or submetering, and shall take effect during the year in which 45 the metering in the building is converted and continue each year there- 46 after. 47 (iv) After the conversion, all tenants shall be responsible for their 48 own electric consumption except those who, on the date of conversion, 49 are receiving a senior citizen rent increase exemption or a disability 50 rent increase exemption pursuant to a local law, ordinance or resolution 51 as authorized by section 467-b of the real property tax law. For such 52 tenants the rent shall not be reduced and the cost of electricity shall 53 remain included in the rent; however, the owner may install any equip- 54 ment in such tenant's housing accommodation as is required for effectua- 55 tion of the electrical conversion. If such tenant no longer receives 56 such benefit or vacates the housing accommodation, the owner shallS. 3383--A 4 1 reduce the legal regulated rent for the housing accommodation in accord- 2 ance with the then-current schedule of rent reductions as promulgated by 3 the division of housing and community renewal. 4 (v) Nothing in this paragraph shall be construed to permit shared 5 metering. 6 § 4. Section 4 of chapter 274 of the laws of 1946, constituting the 7 emergency housing rent control law, is amended by adding a new subdivi- 8 sion 10 to read as follows: 9 10. Owners of buildings which are master metered for electricity and 10 have rent inclusion of electricity may file applications to terminate 11 the rent inclusion of electricity for the accommodations subject to this 12 section. 13 (1) The division of housing and community renewal shall formulate and 14 publish a schedule of rent adjustments or update the schedule of adjust- 15 ments within six months of the publication of a new housing and vacancy 16 survey by the United States Census Bureau. The schedule or updated sche- 17 dule of rent adjustments shall be based on the new survey data as tabu- 18 lated by the New York city rent guidelines board, governing the rate by 19 which the rent of regulated housing accommodations shall be adjusted 20 upon and after conversion to individual metering at the building by 21 means of either direct metering or submetering. The division of housing 22 and community renewal shall promulgate an operational bulletin and/or 23 modify or amend its regulations as may be necessary to give effect to 24 the provisions of this subdivision. 25 (2) The New York city rent guidelines board shall provide staff and 26 assistance to the division of housing and community renewal, by tabulat- 27 ing the data of the triennial New York city housing and vacancy survey 28 produced by the United States Census Bureau within ninety days of publi- 29 cation and providing the division of housing and community renewal the 30 data necessary to promulgate a schedule of rent adjustments. 31 (3) The schedule of rent reductions shall apply to all rent controlled 32 accommodation units in a building that converts from master utility 33 metering to individual utility metering by means of either direct meter- 34 ing or submetering, and shall take effect during the year in which the 35 metering in the building is converted and continue each year thereafter. 36 (4) After the conversion, all tenants shall be responsible for their 37 own electric consumption except those who, on the date of conversion, 38 are receiving a senior citizen rent increase exemption or a disability 39 rent increase exemption pursuant to a local law, ordinance or resolution 40 as authorized by section 467-b of the real property tax law. For such 41 tenants the rent shall not be reduced and the cost of electricity shall 42 remain included in the rent; however, the owner may install any equip- 43 ment in such tenant's housing accommodation as is required for effectua- 44 tion of the electrical conversion. If such tenant no longer receives 45 such benefit or vacates the housing accommodation, the owner shall 46 reduce the maximum rent for the housing accommodation in accordance with 47 the then-current schedule of rent reductions as promulgated by the divi- 48 sion of housing and community renewal. 49 (5) Nothing in this subdivision shall be construed to permit shared 50 metering. 51 § 5. This act shall take effect immediately; provided that: 52 a. sections one, two, three and four of this act shall take effect on 53 the first of January next succeeding the date upon which it shall have 54 become a law, and shall apply to all fiscal years commencing on or after 55 such date;S. 3383--A 5 1 b. the amendments to section 26-511 of the rent stabilization law of 2 nineteen hundred sixty-nine made by section one of this act shall expire 3 on the same date as such law expires and shall not affect the expiration 4 of such law as provided under section 26-520 of such law; and 5 c. the amendments to section 26-405 of the city rent and rehabili- 6 tation law made by section two of this act shall remain in full force 7 and effect only as long as the public emergency requiring the regulation 8 and control of residential rents and evictions continues, as provided in 9 subdivision 3 of section 1 of the local emergency housing rent control 10 act.
