Prohibits the imposition of any surcharge for the installation or use of a tenant-installed appliance where the tenant pays for electric utility service.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A689
SPONSOR: Dinowitz (MS) TITLE OF BILL:
An act to amend the administrative code of the city of New York, in
relation to surcharges for the installation or use of certain appliances
in housing accommodations subject to rent control
PURPOSE OR GENERAL IDEA OF BILL:
This bill will prohibit the imposition of any surcharge for the instal-
lation or use of a tenant-installed appliance.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill adds § 26-416-a to the administrative code of
the city of New York to prohibits the imposition of any surcharge for
the installation or use of a tenant-installed appliance where the tenant
pays for electric utility service.
Section two of the bill provides the effective date.
JUSTIFICATION:
On March 24, 2005 the NYS Division of Housing and Community Renewal
issued Operational Bulletin 2005-1 which states that in both rent
controlled and rent stabilized apartments, when a tenant requests
permission to install a washer, dryer, or dishwasher, the owner can
collect a surcharge for each appliance. This action was purportedly
taken in order to account for the increased wear on plumbing and the
increased utility costs paid by landlords, but these costs are already
taken into account when calculating rent. Because these costs are
already accounted for in the rent itself, and this action has the likely
effect of increasing disputes between landlords and tenants, this bill
is necessary to prohibit appliance surcharges.
PRIOR LEGISLATIVE HISTORY:
2021-22: A.1436-A- Referred to Housing / S.2013-A- Passed Senate
2019-20: A.3170 -Referred to Housing / S.3319 -Passed Senate
2017-18: A.1093 -Third Reading Calendar / S.799-Referred to Housing,
Construction and Community Development
2015-16: A.1795 - Third Reading Calendar /S.3583 - Referred to Housing,
Construction and Community Development
2013-14: A.555-A - Reported to Rules / S.1733-A- Referred to Housing,
Construction and Community Development
2011-12:A.1338- Referredto Housing / S.3268 - Referred to Hous in
Construction and Community Development
2009-10:A.1127- Advanced to Third Reading Calendar
2007-08:A.3843- Referred to Housing
2005-06:A.8264- Referred to Housing
FISCAL IMPLICATIONS: None
EFFECTIVE DATE:
This act shall take effect immediately; provided that section 26-416 of
the city rent and rehabilitation law as added by section one of this act
shall remain in full force and effect only as long as, the public emer-
gency requiring the regulation and control of residential rents and
evictions continues, as provided in subdivision 3 of section 1 of the
local emergency housing rent control act.
STATE OF NEW YORK
________________________________________________________________________
689
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. DINOWITZ, L. ROSENTHAL, COOK, BENEDETTO, DAVILA,
BICHOTTE HERMELYN, JOYNER, WALKER -- Multi-Sponsored by -- M. of A.
GLICK -- read once and referred to the Committee on Housing
AN ACT to amend the administrative code of the city of New York, in
relation to surcharges for the installation or use of certain appli-
ances in housing accommodations subject to rent control
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The administrative code of the city of New York is amended
2 by adding a new section 26-416-a to read as follows:
3 § 26-416-a Surcharges for tenant-installed appliances. The imposition
4 of any surcharge for the installation or use of a tenant-installed
5 appliance is prohibited where the tenant pays for electric utility
6 service.
7 § 2. This act shall take effect immediately; provided that section
8 26-416-a of the city rent and rehabilitation law as added by section one
9 of this act shall remain in full force and effect only as long as the
10 public emergency requiring the regulation and control of residential
11 rents and evictions continues, as provided in subdivision 3 of section 1
12 of the local emergency housing rent control act.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00611-01-3
