senate Bill S3151

Prohibits fuel pass-along rental adjustment to tenant of New York city rent controlled housing accommodations

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 30 / Jan / 2013
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 08 / Jan / 2014
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Summary

Provides that no tenant of housing accommodations which are subject to rent control shall be subject to a fuel adjustment or pass-along increase in rent; provides that any such increase to such tenant shall be null and void.

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Bill Details

See Assembly Version of this Bill:
A343
Versions:
S3151
Legislative Cycle:
2013-2014
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
New York City Administrative Code
Laws Affected:
Add §26-407.1, NYC Ad Cd
Versions Introduced in Previous Legislative Cycles:
2011-2012: A1839, A1839
2009-2010: A6904, A6904

Sponsor Memo

BILL NUMBER:S3151

TITLE OF BILL: An act to amend the administrative code of the city of
New York, in relation to eliminating fuel pass-along charges for occu-
pants of rent controlled housing accommodations

PURPOSE OR GENERAL IDEA OF BILL: This bill prohibits fuel pass-along
charges for occupants of rent controlled housing accommodations.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the administrative code
of the city of New York by adding a new section 26-407.1 to prohibit
fuel pass-along increases in rent for any tenant of any unit which is
subject to rent control.

Section 2 contains the effective date.

JUSTIFICATION: Many of the tenants who reside in units subject to rent
control are senior citizens living on fixed incomes. Unlike residents in
other forms of regulated housing, residents in rent controlled apart-
ments face a yearly fuel cost adjustment, or pass-along, based on a
percentage of the total amount of fuel delivered to a building, and
divided by the number of rooms in that building. When fuel costs are as
high as they have been throughout 2008, rent controlled tenants face
excruciating rent hikes. Unlike both rent regulated tenants and market
rate tenants, rent controlled tenants are in no way insulated from
sudden and catastrophic rent increases based on higher fuel costs. This
bill provides protection to the residents of units subject to rent
control, who are likelier to be older, more vulnerable, and less finan-
cially secure than tenants in other kinds of housing.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of September
next succeeding the date on which it shall have become a law; provided
that the addition of section 26-407.1 to the city rent and stabilization
law made by section one of this act shall remain in full force and
effect only as long as the public emergency 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3151

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 30, 2013
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to eliminating fuel pass-along charges for occupants of  rent
  controlled housing accommodations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The administrative code of the city of New York is amended
by adding a new section 26-407.1 to read as follows:
  S 26-407.1 FUEL PASS-ALONG TO TENANTS UNDER RENT  CONTROL  PROHIBITED.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, REGULATION, CHARTER OR
ADMINISTRATIVE CODE, TENANTS OF HOUSING ACCOMMODATIONS WHICH ARE SUBJECT
TO  RENT  CONTROL  UNDER  THIS  CHAPTER  SHALL  NOT BE SUBJECT TO A FUEL
ADJUSTMENT OR PASS-ALONG INCREASE IN RENT AND ANY SUCH INCREASE TO  SUCH
TENANT SHALL BE NULL AND VOID.
  S  2.    This  act  shall  take  effect on the first of September next
succeeding the date on which it shall have become a law;  provided  that
the addition of section 26-407.1 to the city rent and rehabilitation law
made  by  section  one of this act shall remain in full force and effect
only as long as  the  public  emergency  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.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02308-01-3

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