Add §§26-407.2 & 26-407.3, amd §26-510, NYC Ad Cd; amd §4, Emerg Hous Rent Cont L; amd §4, Emerg Ten Prot Act
of 1974
 
Relates to prohibiting charges or rent increases for the installation of certain air conditioners and other appliances by tenants; prohibits charges, surcharges or rent increases for air conditioners acquired and/or installed by the tenant or for washing machines, dryers, and dishwashers acquired and installed by the tenant; authorizes landlords to charge a one-time de minimis fee for installation of an appliance by him or herself or his or her agent.
STATE OF NEW YORK
________________________________________________________________________
8513
2019-2020 Regular Sessions
IN ASSEMBLY
August 7, 2019
___________
Introduced by M. of A. EPSTEIN -- read once and referred to the Commit-
tee on Housing
AN ACT to amend the administrative code of the city of New York, the
emergency housing rent control law and the emergency tenant protection
act of nineteen seventy-four, in relation to prohibiting charges or
rent increases for the installation of certain air conditioners and
other appliances by tenants
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 two new sections 26-407.2 and 26-407.3 to read as follows:
3 § 26-407.2 Air conditioner charges or rent increases prohibited.
4 Notwithstanding any other provision of law, rule, regulation, charter or
5 administrative code, tenants of housing accommodations which are subject
6 to rent control under this chapter shall not be subject to charges or
7 rent increases for air conditioners acquired and/or installed by the
8 tenant and any such charge or rent increase shall be null and void;
9 provided, however, a landlord may charge a one-time de minimis fee for
10 installation of such appliance performed by him or herself or his or her
11 agent.
12 § 26-407.3 Surcharges or rent increases for certain appliances prohib-
13 ited. Notwithstanding any other provision of law, rule, regulation,
14 charter or administrative code, tenants of housing accommodations which
15 are subject to rent control under this chapter shall not be subject to
16 surcharges or rent increases for washing machines, dryers, and dishwash-
17 ers acquired and/or installed by the tenant and any such surcharge or
18 rent increase shall be null and void; provided, however, a landlord may
19 charge a one-time de minimis fee for installation of such appliance
20 performed by him or herself or his or her agent.
21 § 2. Section 26-510 of the administrative code of the city of New York
22 is amended by adding a new subdivision b-1 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13489-02-9
A. 8513 2
1 b-1. Notwithstanding any other provision of law, rule, regulation,
2 charter or administrative code, tenants of housing accommodations which
3 are subject to rent stabilization under this chapter shall not be
4 subject to (1) charges or rent increases for air conditioners acquired
5 and/or installed by the tenant or (2) surcharges or rent increases for
6 washing machines, dryers, and dishwashers acquired and/or installed by
7 the tenant, and any such charge, surcharge or rent increase shall be
8 null and void; provided, however, a landlord may charge a one-time de
9 minimis fee for installation of such appliance performed by him or
10 herself or his or her agent.
11 § 3. Subdivision 4 of section 4 of chapter 274 of the laws of 1946,
12 constituting the emergency housing rent control law, is amended by
13 adding a new paragraph (f) to read as follows:
14 (f) Notwithstanding any other provision of law, rule, regulation,
15 charter or administrative code, tenants of housing accommodations which
16 are subject to rent control or rent stabilization under this chapter
17 shall not be subject to (i) charges or rent increases for air condition-
18 ers acquired and/or installed by the tenant or (ii) surcharges or rent
19 increases for washing machines, dryers, and dishwashers acquired and/or
20 installed by the tenant, and any such charge, surcharge or rent increase
21 shall be null and void; provided, however, a landlord may charge a one-
22 time de minimis fee for installation of such appliance performed by him
23 or herself or his or her agent.
24 § 4. Section 4 of section 4 of chapter 576 of the laws of 1974,
25 constituting the emergency tenant protection act of nineteen seventy-
26 four, is amended by adding a new subdivision b-1 to read as follows:
27 b-1. Notwithstanding any other provision of law, rule, regulation,
28 charter or administrative code, tenants of housing accommodations which
29 are subject to rent control or rent stabilization under this chapter
30 shall not be subject to (1) charges or rent increases for air condition-
31 ers acquired and/or installed by the tenant or (2) surcharges or rent
32 increases for washing machines, dryers, and dishwashers acquired and/or
33 installed by the tenant, and any such charge, surcharge or rent increase
34 shall be null and void; provided, however, a landlord may charge a one-
35 time de minimis fee for installation of such appliance performed by him
36 or herself or his or her agent.
37 § 5. This act shall take effect on the ninetieth day after it shall
38 have become a law; provided, however, that:
39 (a) the addition of sections 26-407.2 and 26-407.3 to the city rent
40 and rehabilitation law made by section one of this act shall remain in
41 full force and effect only as long as the public emergency requiring the
42 regulation and control of residential rents and evictions continues, as
43 provided in subdivision 3 of section 1 of the local emergency housing
44 rent control act; and
45 (b) the amendments to section 26-510 of chapter 4 of title 26 of the
46 administrative code of the city of New York made by section two of this
47 act shall expire on the same date as such law expires and shall not
48 affect the expiration of such law as provided under section 26-520 of
49 such law.