NY State Senate Bill 2015-S3043

Senate Bill S3043

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to housing, construction and community development
Feb 02, 2015	referred to housing, construction and community development

2015-S3043 (ACTIVE) - Details

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 Other Legislative Sessions:: 2009-2010: S1794
2011-2012: S1294
2013-2014: S500

2015-S3043 (ACTIVE) - Summary

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

2015-S3043 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3043

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.

2015-S3043 (ACTIVE) - Bill Text download pdf

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

                                  3043

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

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.  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 is amended by adding a new paragraph 6 to read as
follows:
  (6) NOTWITHSTANDING PARAGRAPH THREE OF THIS SUBDIVISION THERE SHALL BE
NO ADJUSTMENT FOR ANY MAJOR CAPITAL IMPROVEMENT FUNDED IN ANY PART  FROM
MONEYS  PROVIDED  BY  THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY.
  S 2. Paragraph 1 of subdivision g of section 26-405 of the administra-
tive code of the city of New York, is amended by adding a  new  subpara-
graph (p) to read as follows:
  (P)  NOTWITHSTANDING SUBPARAGRAPHS (G) OR (K) OF THIS PARAGRAPH, THERE
SHALL BE NO ADJUSTMENT FOR ANY MAJOR  CAPITAL  IMPROVEMENT  OR  FOR  ANY
OTHER  EXPENDITURES  TO  IMPROVE,  RESTORE  OR PRESERVE THE QUALITY OF A
STRUCTURE IF SUCH MAJOR CAPITAL IMPROVEMENT OR SUCH OTHER EXPENDITURE IS
FUNDED IN ANY PART FROM MONEYS PROVIDED BY THE  NEW  YORK  STATE  ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY.
  S 3. This act shall take effect immediately; provided that:
  (a)  the  amendments to 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03437-01-5

S. 3043                             2

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 section two 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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