Amd SS26-405 & 26-511, NYC Ad Cd; amd S6, Emerg Ten Prot Act of 1974; amd S4, Emerg Hous Rent Cont L
Decreases the amount which a landlord of a rent regulated unit may increase rent upon making improvements, modifications or installation of new equipment or furnishings, from 1/40 to 1/72 of the total cost of such improvements or modifications.
STATE OF NEW YORK
________________________________________________________________________
5089
2009-2010 Regular Sessions
IN ASSEMBLY
February 10, 2009
___________
Introduced by M. of A. V. LOPEZ, AUBRY, KAVANAGH, KELLNER -- read once
and referred to the Committee on Housing
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 rent increases for
certain housing accommodations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (e) of paragraph 1 of subdivision g of section
2 26-405 of the administrative code of the city of New York, as amended by
3 chapter 253 of the laws of 1993, is amended to read as follows:
4 (e) The landlord and tenant by mutual voluntary written agreement
5 agree to a substantial increase or decrease in dwelling space or a
6 change in the services, furniture, furnishings or equipment provided in
7 the housing accommodations. An adjustment under this subparagraph shall
8 be equal to [one-fortieth] one-seventy-second of the total cost incurred
9 by the landlord in providing such modification or increase in dwelling
10 space, services, furniture, furnishings or equipment, including the cost
11 of installation, but excluding finance charges, provided further [than
12 an owner] that a landlord who is entitled to a rent increase pursuant to
13 this subparagraph shall not be entitled to a further rent increase based
14 upon the installation of similar equipment, or new furniture or
15 furnishings within the useful life of such new equipment, or new furni-
16 ture or furnishings. The owner shall give written notice to the city
17 rent agency of any such adjustment pursuant to this subparagraph[.]; or
18 § 2. Paragraph 13 of subdivision c of section 26-511 of the adminis-
19 trative code of the city of New York, as added by chapter 253 of the
20 laws of 1993, is amended to read as follows:
21 (13) provides that an owner is entitled to a rent increase where there
22 has been a substantial modification or increase of dwelling space or an
23 increase in the services, or installation of new equipment or improve-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08700-01-9
A. 5089 2
1 ments or new furniture or furnishings provided in or to a tenant's hous-
2 ing accommodation, on written tenant consent to the rent increase. In
3 the case of a vacant housing accommodation, tenant consent shall not be
4 required. The permanent increase in the legal regulated rent for the
5 affected housing accommodation shall be [one-fortieth] one-seventy-sec-
6 ond of the total cost incurred by the landlord in providing such modifi-
7 cation or increase in dwelling space, services, furniture, furnishings
8 or equipment, including the cost of installation, but excluding finance
9 charges. Provided further that an owner who is entitled to a rent
10 increase pursuant to this paragraph shall not be entitled to a further
11 rent increase based upon the installation of similar equipment, or new
12 furniture or furnishings within the useful life of such new equipment,
13 or new furniture or furnishings.
14 § 3. Paragraph 1 of subdivision d of section 6 of section 4 of chapter
15 576 of the laws of 1974, constituting the emergency tenant protection
16 act of nineteen seventy-four, as added by chapter 253 of the laws of
17 1993, is amended to read as follows:
18 (1) there has been a substantial modification or increase of dwelling
19 space or an increase in the services, or installation of new equipment
20 or improvements or new furniture or furnishings, provided in or to a
21 tenant's housing accommodation, on written tenant consent to the rent
22 increase. In the case of a vacant housing accommodation, tenant consent
23 shall not be required. The permanent increase in the legal regulated
24 rent for the affected housing accommodation shall be [one-fortieth]
25 one-seventy-second of the total cost incurred by the landlord in provid-
26 ing such modification or increase in dwelling space, services, furni-
27 ture, furnishings or equipment, including the cost of installation, but
28 excluding finance charges. Provided further [than] that an owner who is
29 entitled to a rent increase pursuant to this paragraph shall not be
30 entitled to a further rent increase based upon the installation of simi-
31 lar equipment, or new furniture or furnishings within the useful life of
32 such new equipment, or new furniture or furnishings.
33 § 4. Clause 5 of the second undesignated paragraph of paragraph (a) of
34 subdivision 4 of section 4 of chapter 274 of the laws of 1946, consti-
35 tuting the emergency housing rent control law, as amended by chapter 253
36 of the laws of 1993, is amended to read as follows:
37 (5) the landlord and tenant by mutual voluntary written agreement
38 agree to a substantial increase or decrease in dwelling space or a
39 change in the services, furniture, furnishings or equipment provided in
40 the housing accommodations provided that an owner shall be entitled to a
41 rent increase where there has been a substantial modification or
42 increase of dwelling space or an increase in the services, or installa-
43 tion of new equipment or improvements or new furniture or furnishings
44 provided in or to a tenant's housing accommodation. The permanent
45 increase in the maximum rent for the affected housing accommodation
46 shall be [one-fortieth] one-seventy-second of the total cost incurred by
47 the landlord in providing such modification or increase in dwelling
48 space, services, furniture, furnishings or equipment, including the cost
49 of installation, but excluding finance charges provided further that an
50 owner who is entitled to a rent increase pursuant to this clause shall
51 not be entitled to a further rent increase based upon the installation
52 of similar equipment, or new furniture or furnishings within the useful
53 life of such new equipment, or new furniture or furnishings. The owner
54 shall give written notice to the commission of any such adjustment
55 pursuant to this clause; or
A. 5089 3
1 § 5. This act shall take effect immediately provided, however, it
2 shall apply only to rent increases which an owner first becomes entitled
3 to after the effective date of this act; and provided further that the
4 amendments to section 26-405 of the city rent and rehabilitation law
5 made by section one of this act shall remain in full force and effect
6 only so long as the public emergency requiring the regulation and
7 control of residential rents and evictions continues, as provided in
8 subdivision 3 of section 1 of the local emergency housing rent control
9 act, as amended; and provided further that the amendments to section
10 26-511 of the rent stabilization law of nineteen hundred sixty-nine made
11 by section two of this act shall expire on the same date as such law
12 expires and shall not affect the expiration of such law as provided
13 under section 26-520 of such law; and provided further that the amend-
14 ments to section 6 of the emergency tenant protection act of nineteen
15 seventy-four made by section three of this act shall expire on the same
16 date as such act expires and shall not affect the expiration of such act
17 as provided in section 17 of chapter 576 of the laws of 1974, as
18 amended; and provided that the amendments to section 4 of the emergency
19 housing rent control law made by section four of this act shall expire
20 on the same date as such law expires and shall not affect the expiration
21 of such law as provided in subdivision 2 of section 1 of chapter 274 of
22 the laws of 1946, as amended.
