senate Bill S500

Amended

Prevents landlords from receiving a financial windfall from major capital improvements funded by the New York state energy and research development authority

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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

  • 09 / Jan / 2013
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 23 / May / 2013
    • AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 23 / May / 2013
    • PRINT NUMBER 500A
  • 08 / Jan / 2014
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Summary

Prevents landlords from receiving a financial windfall from major capital improvements funded by the New York State energy and research development authority.

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Bill Details

Versions:
S500
S500A
Legislative Cycle:
2013-2014
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Emergency Tenant Protection Act of 1974
Laws Affected:
Amd §6, Emerg Ten Prot Act of 1974; amd §26-405, NYC Ad Cd
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1294
2009-2010: S1794

Sponsor Memo

BILL NUMBER:S500

TITLE OF BILL:
An act
to amend the emergency tenant protection act of nineteen seventy-four
and the administrative code of the city of New
York, in relation to prohibiting landlords from increasing rent for
major capital improvements funded through state entities

PURPOSE:
This bill prevents landlords from receiving a financial windfall from
major capital improvements funded by the New York State Energy and
Development Authority (NYSERDA)

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 - Amends paragraph 3 of
subdivision d of section 6 of section 4 of chapter 576 of the laws of
1974 to exclude NYSERDA funded projects.

Section 2 - Amends subparagraph g of paragraph 1 of subdivision g of
section 26-405 of the administrative code of the city of New York to
exclude NYSERDA funded projects.

Section 3 - Amends subparagraph k of paragraph 1 of subdivision g of
section 26-405 of the administrative code of the city of New York to
exclude NYSERDA funded projects.

Section 4 - Effective date.

JUSTIFICATION:
The NYSERDA Multi-family Performance Program offers landlords
incentives to invest in energy-efficient building upgrades, including
implementing environmentally friendly measures to address specific
energy and operational needs of buildings. In many cases landlords
have filed applications with the Division of Housing and Community
Renewal for Major Capital Improvement rent increases for capital work
that is part of their jurisdiction for receiving NYSERDA funds. This
practice of double-dipping, by taking advantage of two different
incentives for the same work, violates the intent of the incentive
provisions and, if permitted, results in a windfall to landlords This
bill would clarify that such double-dipping is not permitted.

LEGISLATIVE HISTORY:
2009: S.1794 (Duane), Died in Housing; A 4877 (Kavanaugh),
Died in Housing
2010: S.1794 (Duane), Died in Housing; A.4877 (Kavanaugh),
Died in Housing

FISCAL IMPACT ON THE STATE:
None.

EFFECTIVE DATE:
This act shall take effect immediately provided that (a) the
amendments to paragraph 3 of subdivision d of section 6 of section 4
of the emergency tenant protection act of nineteen seventy-four made
by section one of this act shall expire on the same date as such act


expires and shall not affect the expiration of such act as provided
in section 17 of chapter 576 of the laws of 1974; and (b) the
amendments to section 26-204 if the city rent and rehabilitation law
made by sections two and three of the 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
________________________________________________________________________

                                   500

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sen. ESPAILLAT -- 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 emergency tenant protection act of  nineteen  seven-
  ty-four  and  the  administrative  code  of  the  city of New York, in
  relation to prohibiting landlords from increasing rent for major capi-
  tal improvements funded through state entities

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

  Section  1.  Paragraph 3 of subdivision d of section 6 of section 4 of
chapter 576 of the  laws  of  1974  constituting  the  emergency  tenant
protection  act  of  nineteen seventy-four, as amended by chapter 749 of
the laws of 1990, is amended to read as follows:
  (3) there has been since January first, nineteen hundred  seventy-four
a  major capital improvement required for the operation, preservation or
maintenance of the structure; PROVIDED THAT THE MAJOR  CAPITAL  IMPROVE-
MENT  WAS  NOT  FUNDED  IN ANY PART FROM MONEYS PROVIDED BY THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY.   An  adjustment  under
this  paragraph shall be in an amount sufficient to amortize the cost of
the improvements pursuant to this paragraph over a seven-year period, or
  S 2. Subparagraph (g) of paragraph  1  of  subdivision  g  of  section
26-405 of the administrative code of the city of New York, as amended by
chapter 749 of the laws of 1990, is amended to read as follows:
  (g) There has been since July first, nineteen hundred seventy, a major
capital  improvement required for the operation, preservation or mainte-
nance of the structure; PROVIDED THAT THE MAJOR CAPITAL IMPROVEMENT  WAS
NOT FUNDED IN ANY PART FROM MONEYS PROVIDED BY THE NEW YORK STATE ENERGY
RESEARCH  AND  DEVELOPMENT AUTHORITY.  An adjustment under this subpara-
graph [(g)] shall be in an amount sufficient to amortize the cost of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01930-01-3

S. 500                              2

improvements pursuant to this subparagraph [(g)] over a seven-year peri-
od; or
  S  3.  Subparagraph  (k)  of  paragraph  1 of subdivision g of section
26-405 of the administrative code of the city of New York, as amended by
chapter 749 of the laws of 1990, is amended to read as follows:
  (k) The landlord has incurred, since January first,  nineteen  hundred
seventy,  in connection with and in addition to a concurrent major capi-
tal improvement pursuant to subparagraph (g) of  this  paragraph,  other
expenditures  to  improve, restore or preserve the quality of the struc-
ture; PROVIDED THAT SUCH OTHER EXPENDITURES WERE NOT FUNDED IN ANY  PART
FROM  MONEYS PROVIDED BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY.  An adjustment under this subparagraph shall be  granted
only if such improvements represent an expenditure equal to at least ten
per  centum  of  the  total  operating  and maintenance expenses for the
preceding year. An adjustment under this subparagraph shall be in  addi-
tion to any adjustment granted for the concurrent major capital improve-
ment  and  shall  be in an amount sufficient to amortize the cost of the
improvements pursuant to this subparagraph over a seven-year period.
  S 4. This act shall take effect immediately; provided that:
  (a) the amendments to paragraph 3 of subdivision d  of  section  6  of
section  4  of  the emergency tenant protection act of nineteen seventy-
four made by section one of this act shall expire on the  same  date  as
such  act  expires  and  shall  not affect the expiration of such act as
provided in section 17 of chapter 576 of the laws of 1974; and
  (b) the amendments to section 26-405 of the city  rent  and  rehabili-
tation  law  made  by sections two and three 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.

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