Amd §§26-405 & 26-511, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974; amd §4, Emerg Hous Rent Cont L
 
Prohibits the adjustment of maximum allowable rent where any modification, increase or improvement is made to accommodate the needs of a disabled tenant; defines disabled tenant.
STATE OF NEW YORK
________________________________________________________________________
917
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
___________
Introduced by M. of A. JOYNER, ORTIZ, GUNTHER, GOTTFRIED, COOK, BARRON,
GLICK, D'URSO, COLTON, SIMON, PERRY -- 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 prohibiting the adjust-
ment of maximum allowable rent where any modification, increase or
improvement is made to accommodate the needs of a disabled tenant
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 section 15 of part B of chapter 97 of the laws of 2011, is amended to
4 read as follows:
5 (e) The landlord and tenant by mutual voluntary written agreement
6 agree to a substantial increase or decrease in dwelling space or a
7 change in the services, furniture, furnishings or equipment provided in
8 the housing accommodations. An adjustment under this subparagraph shall
9 be equal to one-fortieth, in the case of a building with thirty-five or
10 fewer housing accommodations, or one-sixtieth, in the case of a building
11 with more than thirty-five housing accommodations where such adjustment
12 takes effect on or after September twenty-fourth, two thousand eleven,
13 of the total cost incurred by the landlord in providing such modifica-
14 tion or increase in dwelling space, services, furniture, furnishings or
15 equipment, including the cost of installation, but excluding finance
16 charges, provided further that an owner who is entitled to a rent
17 increase pursuant to this subparagraph shall not be entitled to a
18 further rent increase based upon the installation of similar equipment,
19 or new furniture or furnishings within the useful life of such new
20 equipment, or new furniture or furnishings. The owner shall give written
21 notice to the city rent agency of any such adjustment pursuant to this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00096-01-9
A. 917 2
1 subparagraph; provided, however, an owner shall not be entitled to any
2 adjustment pursuant to this subparagraph where any modification or
3 increase in dwelling space, services, furniture, furnishings or equip-
4 ment is made to accommodate the needs of a disabled tenant. For
5 purposes of this subparagraph, "disabled" means an individual (i) with a
6 physical or mental impairment, including, but not limited to, those of
7 neurological, emotional or sensory organs, which substantially limits
8 one or more of the individual's major life activities, and (ii) who is
9 regarded as having such an impairment as certified by a licensed physi-
10 cian of this state; or
11 § 2. Paragraph 13 of subdivision c of section 26-511 of the adminis-
12 trative code of the city of New York, as amended by section 16 of part B
13 of chapter 97 of the laws of 2011, is amended to read as follows:
14 (13) provides that an owner is entitled to a rent increase where there
15 has been a substantial modification or increase of dwelling space or an
16 increase in the services, or installation of new equipment or improve-
17 ments or new furniture or furnishings provided in or to a tenant's hous-
18 ing accommodation, on written tenant consent to the rent increase. In
19 the case of a vacant housing accommodation, tenant consent shall not be
20 required. The permanent increase in the legal regulated rent for the
21 affected housing accommodation shall be one-fortieth, in the case of a
22 building with thirty-five or fewer housing accommodations, or one-sixti-
23 eth, in the case of a building with more than thirty-five housing accom-
24 modations where such permanent increase takes effect on or after Septem-
25 ber twenty-fourth, two thousand eleven, of the total cost incurred by
26 the landlord in providing such modification or increase in dwelling
27 space, services, furniture, furnishings or equipment, including the cost
28 of installation, but excluding finance charges. Provided further that an
29 owner who is entitled to a rent increase pursuant to this paragraph
30 shall not be entitled to a further rent increase based upon the instal-
31 lation of similar equipment, or new furniture or furnishings within the
32 useful life of such new equipment, or new furniture or furnishings.
33 Provided, however, an owner shall not be entitled to any rent increase
34 pursuant to this paragraph where any modification, increase or improve-
35 ment in dwelling space, services, furniture, furnishings or equipment is
36 made to accommodate the needs of a disabled tenant. For purposes of
37 this paragraph, "disabled" means an individual (i) with a physical or
38 mental impairment, including, but not limited to, those of neurological,
39 emotional or sensory organs, which substantially limits one or more of
40 the individual's major life activities, and (ii) who is regarded as
41 having such an impairment as certified by a licensed physician of this
42 state.
43 § 3. Paragraph 1 of subdivision d of section 6 of section 4 of chapter
44 576 of the laws of 1974, constituting the emergency tenant protection
45 act of nineteen seventy-four, as amended by section 18 of part B of
46 chapter 97 of the laws of 2011, is amended to read as follows:
47 (1) there has been a substantial modification or increase of dwelling
48 space or an increase in the services, or installation of new equipment
49 or improvements or new furniture or furnishings, provided in or to a
50 tenant's housing accommodation, on written tenant consent to the rent
51 increase. In the case of a vacant housing accommodation, tenant consent
52 shall not be required. The permanent increase in the legal regulated
53 rent for the affected housing accommodation shall be one-fortieth, in
54 the case of a building with thirty-five or fewer housing accommodations,
55 or one-sixtieth, in the case of a building with more than thirty-five
56 housing accommodations where such permanent increase takes effect on or
A. 917 3
1 after September twenty-fourth, two thousand eleven, of the total cost
2 incurred by the landlord in providing such modification or increase in
3 dwelling space, services, furniture, furnishings or equipment, including
4 the cost of installation, but excluding finance charges. Provided
5 further that an owner who is entitled to a rent increase pursuant to
6 this paragraph shall not be entitled to a further rent increase based
7 upon the installation of similar equipment, or new furniture or
8 furnishings within the useful life of such new equipment, or new furni-
9 ture or furnishings. Provided, however, an owner shall not be entitled
10 to any rent increase pursuant to this paragraph where any modification,
11 increase or improvement in dwelling space, services, furniture,
12 furnishings or equipment is made to accommodate the needs of a disabled
13 tenant. For purposes of this paragraph, "disabled" means an individual
14 (i) with a physical or mental impairment, including, but not limited to,
15 those of neurological, emotional or sensory organs, which substantially
16 limits one or more of the individual's major life activities, and (ii)
17 who is regarded as having such an impairment as certified by a licensed
18 physician of this state.
19 § 4. Clause 5 of the second undesignated paragraph of paragraph (a) of
20 subdivision 4 of section 4 of chapter 274 of the laws of 1946, consti-
21 tuting the emergency housing rent control law, as amended by section 25
22 of part B of chapter 97 of the laws of 2011, is amended to read as
23 follows:
24 (5) the landlord and tenant by mutual voluntary written agreement
25 agree to a substantial increase or decrease in dwelling space or a
26 change in the services, furniture, furnishings or equipment provided in
27 the housing accommodations; provided that an owner shall be entitled to
28 a rent increase where there has been a substantial modification or
29 increase of dwelling space or an increase in the services, or installa-
30 tion of new equipment or improvements or new furniture or furnishings
31 provided in or to a tenant's housing accommodation. The permanent
32 increase in the maximum rent for the affected housing accommodation
33 shall be one-fortieth, in the case of a building with thirty-five or
34 fewer housing accommodations, or one-sixtieth, in the case of a building
35 with more than thirty-five housing accommodations where such permanent
36 increase takes effect on or after September twenty-fourth, two thousand
37 eleven, of the total cost incurred by the landlord in providing such
38 modification or increase in dwelling space, services, furniture,
39 furnishings or equipment, including the cost of installation, but
40 excluding finance charges provided further that an owner who is entitled
41 to a rent increase pursuant to this clause shall not be entitled to a
42 further rent increase based upon the installation of similar equipment,
43 or new furniture or furnishings within the useful life of such new
44 equipment, or new furniture or furnishings. The owner shall give written
45 notice to the commission of any such adjustment pursuant to this clause;
46 provided, however, an owner shall not be entitled to any adjustment
47 pursuant to this clause where any modification, improvement or increase
48 in dwelling space, services, furniture, furnishings or equipment is made
49 to accommodate the needs of a disabled tenant. For purposes of this
50 clause, "disabled" means an individual (i) with a physical or mental
51 impairment, including, but not limited to, those of neurological,
52 emotional or sensory organs, which substantially limits one or more of
53 the individual's major life activities, and (ii) who is regarded as
54 having such an impairment as certified by a licensed physician of this
55 state; or
56 § 5. This act shall take effect immediately; provided that:
A. 917 4
1 (a) the amendments to section 26-405 of the city rent and rehabili-
2 tation law made by section one of this act shall remain in full force
3 and effect only as long as the public emergency requiring the regulation
4 and control of residential rents and evictions continues, as provided in
5 subdivision 3 of section 1 of the local emergency housing rent control
6 act;
7 (b) the amendments made to section 26-511 of chapter 4 of title 26 of
8 the administrative code of the city of New York made by section two of
9 this act shall expire on the same date as such law expires and shall not
10 affect the expiration of such law as provided under section 26-520 of
11 such law;
12 (c) the amendments to section 6 of the emergency tenant protection act
13 of nineteen seventy-four made by section three of this act shall expire
14 on the same date as such act expires and shall not affect the expiration
15 of such act as provided in section 17 of chapter 576 of the laws of
16 1974; and
17 (d) the amendments to section 4 of the emergency housing rent control
18 law made by section four of this act shall expire on the same date as
19 such law expires and shall not affect the expiration of such law as
20 provided in subdivision 2 of section 1 of chapter 274 of the laws of
21 1946.