NY State Assembly Bill 2009-A193

Assembly Bill A193

2009-2010 Legislative Session

Requires publication of the New York City housing and vacancy survey and rent reduction schedules every three years

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Archive: Last Bill Status - On Floor Calendar

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
Jun 14, 2010	3rd reading cal.887 substituted for s2349a
Mar 03, 2010	referred to energy and telecommunications delivered to senate passed assembly
Jan 06, 2010	ordered to third reading cal.5 returned to assembly died in senate
Jun 18, 2009	referred to rules
Jun 16, 2009	delivered to senate passed assembly
Jun 15, 2009	ordered to third reading rules cal.224 rules report cal.224 reported
Jun 09, 2009	print number 193a
Jun 09, 2009	amend (t) and recommit to rules reported referred to rules
Jan 07, 2009	referred to housing

Bill Amendments

Original

A (Active)

2009-A193 - Details

Law Section:: Public Service Law
Laws Affected:: Amd §§26-511 & 26-405, NYC Ad Cd; amd §6, Emerg Ten Prot Act; amd §4, Emerg Hous Rent Cont L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7376
2013-2014: A171
2015-2016: A658
2017-2018: A1760

2009-A193 - Summary

Allows owners of buildings which are master metered for electricity and have rent inclusion of electricity to file applications to terminate the rent inclusion of electricity for such accommodations.

2009-A193 - Bill Text download pdf

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

                                   193

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. HEVESI, V. LOPEZ -- read once and referred to the
  Committee on Housing

AN  ACT  to  amend  the public service law, in relation to requiring the
  department of housing and community renewal  to  update  schedules  of
  rate reductions based on a conversion of buildings from master utility
  metering  to  individual  utility  metering  within  six months of the
  publication of each new housing and vacancy survey  by  the  New  York
  city rent guidelines board and requiring the New York city rent guide-
  lines  board  to publish a housing and vacancy survey and tabulate the
  data of the survey not less than once every three calendar years

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

  Section  1.  The public service law is amended by adding a new section
21-a to read as follows:
  S 21-A. SCHEDULE OF RENT REDUCTIONS; INDIVIDUAL ELECTRIC METERING.  1.
NOTWITHSTANDING  THE  PROVISIONS  OF  ANY LAW, RULE OR REGULATION TO THE
CONTRARY, EVERY THREE YEARS, WITHIN SIX MONTHS OF THE PUBLICATION  OF  A
NEW  HOUSING AND VACANCY SURVEY AND TABULATION OF THE SURVEY DATA BY THE
NEW YORK CITY RENT GUIDELINES BOARD AS PROVIDED IN  SUBDIVISION  TWO  OF
THIS  SECTION,  THE  DEPARTMENT  OF  HOUSING AND COMMUNITY RENEWAL SHALL
FORMULATE AND PUBLISH A SCHEDULE OF RENT REDUCTIONS, BASED  ON  THE  NEW
SURVEY  DATA,  GOVERNING THE RATE BY WHICH THE RENT OF REGULATED HOUSING
ACCOMMODATIONS SHALL BE ADJUSTED UPON AND AFTER  CONVERSION  OF  UTILITY
METERING  AT  THE  BUILDING  IN  WHICH  SUCH  HOUSING ACCOMMODATIONS ARE
LOCATED FROM MASTER UTILITY METERING TO INDIVIDUAL UTILITY  METERING  BY
MEANS  OF EITHER DIRECT METERING OR SUBMETERING. THE DEPARTMENT OF HOUS-
ING AND COMMUNITY RENEWAL SHALL PROMULGATE, MODIFY OR  AMEND  ITS  REGU-
LATIONS  AS  MAY  BE  NECESSARY TO GIVE EFFECT TO THE PROVISIONS OF THIS
SUBDIVISION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01288-01-9

A. 193                              2

  2. THE NEW YORK CITY RENT GUIDELINES BOARD SHALL PUBLISH A HOUSING AND
VACANCY SURVEY AND TABULATE THE DATA OF THE SURVEY NOT  LESS  THAN  ONCE
EVERY  THREE  CALENDAR YEARS. THE DATA SHALL BE TABULATED AND THE SURVEY
RELEASED WITHIN ONE HUNDRED EIGHTY DAYS OF RECEIPT BY THE NEW YORK  CITY
RENT  GUIDELINES  BOARD OF THE SURVEY INFORMATION FROM THE UNITED STATES
CENSUS BUREAU.
  3. THE SCHEDULE OF RENT REDUCTIONS SHALL APPLY TO ALL HOUSING ACCOMMO-
DATION UNITS IN A  CONVERTED  BUILDING,  INCLUDING  BOTH  REGULATED  AND
DEREGULATED  DWELLING UNITS AND SHALL APPLY DURING THE YEAR IN WHICH THE
METERING IN THE BUILDING IS CONVERTED FROM MASTER  UTILITY  METERING  TO
INDIVIDUAL UTILITY METERING, AND IN EACH YEAR THEREAFTER.
  4.  IF,  AFTER  THE  CONVERSION  TO  INDIVIDUAL ELECTRIC METERING, THE
TENANT VACATES THE HOUSING ACCOMMODATION, THE OWNER OF THE  BUILDING  IN
WHICH  THE HOUSING ACCOMMODATION IS LOCATED SHALL REDUCE THE LEGAL REGU-
LATED  RENT  FOR  THE  HOUSING  ACCOMMODATION  IN  ACCORDANCE  WITH  THE
THEN-CURRENT  SCHEDULE OF RENT REDUCTIONS, AND THEREAFTER ANY NEW TENANT
SHALL BE RESPONSIBLE FOR THE COST OF HIS OR HER CONSUMPTION OF ELECTRIC-
ITY, AND FOR THE LEGAL RENT AS REDUCED, INCLUDING ANY  APPLICABLE  MAJOR
CAPITAL  IMPROVEMENT  RENT  INCREASE BASED UPON THE COST OF WORK DONE TO
EFFECTUATE THE UTILITY CONVERSION.
  5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PERMIT SHARED  METER-
ING.
  S  2. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law, and shall  apply  to
all  fiscal years commencing on or after such date; provided that effec-
tive immediately, the addition, amendment and/or repeal of any  rule  or
regulation necessary for the implementation of this act on its effective
date  are  authorized and directed to be made and completed on or before
such effective date.

2009-A193A (ACTIVE) - Details

Law Section:: Public Service Law
Laws Affected:: Amd §§26-511 & 26-405, NYC Ad Cd; amd §6, Emerg Ten Prot Act; amd §4, Emerg Hous Rent Cont L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7376
2013-2014: A171
2015-2016: A658
2017-2018: A1760

2009-A193A (ACTIVE) - Summary

Allows owners of buildings which are master metered for electricity and have rent inclusion of electricity to file applications to terminate the rent inclusion of electricity for such accommodations.

2009-A193A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A193A

TITLE  OF BILL:   An act to amend the administrative code of the city of
New York, the emergency tenant protection act of  nineteen  seventy-four
and  the  emergency  housing rent control law, in relation to the termi-
nation of rent inclusion of electricity for housing accommodations

PURPOSE:  The purpose of this bill is to  require  a  specific  timeline
that  the  Division  of Housing and Community Renewal (DHCR) and the New
York City Rent Guidelines Board must adhere to  when  setting  the  rent
reduction  schedules  so  that rent regulated apartments that have elec-
tricity factored in to their base rent have a fair reduction at the time
of submetering.

SUMMARY OF PROVISIONS:  This legislation amends subdivision c of section
26-511 of the administrative code of the city of New York  by  adding  a
new  paragraph  15,  amends section 26-405 of the administrative code of
the city of New York by adding a new subdivision n, amends subdivision d
of section 6 of section  4  of  chapter  576  of  the  emergency  tenant
protection  act  by  adding  a  new paragraph 6, and amends section 4 of
chapter 274 of the emergency housing rent control law by  adding  a  new
subdivision 9.

JUSTIFICATION:    Rent  regulated  tenants  in  master-metered buildings
receive unlimited electric current as a service included  in  the  rent,
and  there  is no incentive to the tenants to moderate their consumption

of electricity. An incentive for moderation of such consumption is indi-
vidual metering of electricity (direct metering or submetering),  as  it
makes  each user responsible for the cost of his or her own consumption.
DHCR has thus, encouraged owners of master-metered buildings to  undergo
the  substantial  expense  of  converting  their buildings to individual
metering, thereby transferring responsibility  for  the  cost  of  their
consumption  of  electricity  to the tenants.  Recognizing that assuming
the cost of their own electricity could also be a  financial  burden  on
the  tenants, DHCR has sought to mitigate that burden by imposing build-
ing-wide rent reductions as a condition to conversion.

DHCR has applied schedules of rent reductions for  rent  controlled  and
rent  stabilized housing accommodations that are converted to individual
utility metering. The schedules are derived from the New York City  Rent
Guidelines  Board's  tabulation  of  data  from the United States Census
Bureau's Housing and Vacancy Survey (HVS), which is updated every  three
years.  To  ensure that the schedule of rent adjustments is updated in a
timely manner, this bill would require the New York City Rent Guidelines
Board to provide staff and assistance to DHCR to tabulate  the  data  of
the  HVS within 90 days of publication and DHCR to publish a schedule of
updated rent adjustments within 6 months of the publication.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None to state.

EFFECTIVE DATE:  This act shall take effect on the first of January next
succeeding the date upon which it shall have become  a  law,  and  shall
apply  to  all  fiscal  years commencing on or after such date; provided
that:

a.  the  amendments  to  section 26-511 of the rent stabilization law of
nineteen hundred sixty-nine made by section one of this act shall expire
on the same date as such law expires and shall not affect the expiration
of such law as provided under section 26-520 of such law;

b. the amendments to section 26-405 of the city rent and  rehabilitation
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;

c. the amendments to paragraph d of section 6 of section 4 of the  emer-
gency  tenant  protection  act  of nineteen seventy-four made by section
three 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

d. the amendments to section 4 of the emergency housing rent control law
made  by  section four of this act shall expire on the same date as such
law expires and shall not affect the expiration of such law as  provided
in subdivision 2 of section 1 of chapter 274 of the laws of 1946.

2009-A193A (ACTIVE) - Bill Text download pdf

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

                                 193--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. HEVESI, V. LOPEZ, O'DONNELL, KELLNER, DINOWITZ,
  PHEFFER, GOTTFRIED, COLTON, JAFFEE, N. RIVERA, HYER-SPENCER --  Multi-
  Sponsored  by  --  M.  of  A. AUBRY, BOYLAND, BRENNAN, FARRELL, GLICK,
  LANCMAN, MAYERSOHN, McENENY -- read once and referred to the Committee
  on Housing -- reported and referred to the Committee on Rules -- Rules
  Committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to the Committee on Rules

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 the termination of rent
  inclusion of electricity for housing accommodations

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

  Section 1.  Subdivision c of section 26-511 of the administrative code
of  the city of New York is amended by adding a new paragraph 15 to read
as follows:
  (15) PROVIDES THAT OWNERS OF BUILDINGS WHICH ARE  MASTER  METERED  FOR
ELECTRICITY AND HAVE RENT INCLUSION OF ELECTRICITY MAY FILE APPLICATIONS
TO  TERMINATE  THE  RENT INCLUSION OF ELECTRICITY FOR THE ACCOMMODATIONS
SUBJECT TO THIS SECTION.
  (A) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL FORMULATE  AND
PUBLISH A SCHEDULE OF RENT ADJUSTMENTS OR UPDATE THE SCHEDULE OF ADJUST-
MENTS  WITHIN SIX MONTHS OF THE PUBLICATION OF A NEW HOUSING AND VACANCY
SURVEY BY THE UNITED STATES CENSUS BUREAU. THE SCHEDULE OR UPDATED SCHE-
DULE OF RENT ADJUSTMENTS SHALL BE BASED ON THE NEW SURVEY DATA AS  TABU-
LATED  BY THE NEW YORK CITY RENT GUIDELINES BOARD, GOVERNING THE RATE BY
WHICH THE RENT OF REGULATED HOUSING  ACCOMMODATIONS  SHALL  BE  ADJUSTED
UPON  AND  AFTER  CONVERSION  TO  INDIVIDUAL METERING AT THE BUILDING BY
MEANS OF EITHER DIRECT METERING OR SUBMETERING. THE DIVISION OF  HOUSING
AND  COMMUNITY  RENEWAL  SHALL PROMULGATE AN OPERATIONAL BULLETIN AND/OR

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

                                                           LBD01288-06-9

A. 193--A                           2

MODIFY OR AMEND ITS REGULATIONS AS MAY BE NECESSARY TO  GIVE  EFFECT  TO
THE PROVISIONS OF THIS PARAGRAPH.
  (B)  THE  NEW  YORK CITY RENT GUIDELINES BOARD SHALL PROVIDE STAFF AND
ASSISTANCE TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, BY TABULAT-
ING THE DATA OF THE TRIENNIAL NEW YORK CITY HOUSING AND  VACANCY  SURVEY
PRODUCED BY THE UNITED STATES CENSUS BUREAU WITHIN NINETY DAYS OF PUBLI-
CATION  AND  PROVIDING THE DIVISION OF HOUSING AND COMMUNITY RENEWAL THE
DATA NECESSARY TO PROMULGATE A SCHEDULE OF RENT ADJUSTMENTS.
  (C) THE SCHEDULE OF RENT REDUCTIONS SHALL APPLY TO ALL RENT STABILIZED
ACCOMMODATION UNITS IN A BUILDING  THAT  CONVERTS  FROM  MASTER  UTILITY
METERING TO INDIVIDUAL UTILITY METERING BY MEANS OF EITHER DIRECT METER-
ING  OR  SUBMETERING, AND SHALL TAKE EFFECT DURING THE YEAR IN WHICH THE
METERING IN THE BUILDING IS CONVERTED AND CONTINUE EACH YEAR THEREAFTER.
  (D) AFTER THE CONVERSION, ALL TENANTS SHALL BE RESPONSIBLE  FOR  THEIR
OWN  ELECTRIC  CONSUMPTION  EXCEPT THOSE WHO, ON THE DATE OF CONVERSION,
ARE RECEIVING A SENIOR CITIZEN RENT INCREASE EXEMPTION OR  A  DISABILITY
RENT  INCREASE EXEMPTION PURSUANT TO SECTION 26-509 OF THIS CHAPTER. FOR
SUCH TENANTS THE RENT SHALL NOT BE REDUCED AND THE COST  OF  ELECTRICITY
SHALL  REMAIN  INCLUDED  IN THE RENT; HOWEVER, THE OWNER MAY INSTALL ANY
EQUIPMENT IN SUCH TENANT'S HOUSING  ACCOMMODATION  AS  IS  REQUIRED  FOR
EFFECTUATION  OF  THE  ELECTRICAL  CONVERSION.  IF SUCH TENANT NO LONGER
RECEIVES SUCH BENEFIT OR VACATES THE HOUSING  ACCOMMODATION,  THE  OWNER
SHALL  REDUCE  THE LEGAL REGULATED RENT FOR THE HOUSING ACCOMMODATION IN
ACCORDANCE WITH THE THEN-CURRENT SCHEDULE OF RENT REDUCTIONS AS  PROMUL-
GATED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
  (E)  NOTHING  IN  THIS  PARAGRAPH  SHALL BE CONSTRUED TO PERMIT SHARED
METERING.
  S 2. Section 26-405 of the administrative code of the city of New York
is amended by adding a new subdivision n to read as follows:
  N. SCHEDULE OF RENT REDUCTIONS; INDIVIDUAL ELECTRIC METERING.   OWNERS
OF  BUILDINGS  WHICH  ARE  MASTER  METERED FOR ELECTRICITY AND HAVE RENT
INCLUSION OF ELECTRICITY MAY FILE APPLICATIONS  TO  TERMINATE  THE  RENT
INCLUSION OF ELECTRICITY FOR THE ACCOMMODATIONS SUBJECT TO THIS SECTION.
  (1)  THE  CITY  RENT  AGENCY SHALL FORMULATE AND PUBLISH A SCHEDULE OF
RENT ADJUSTMENTS OR UPDATE THE SCHEDULE OF ADJUSTMENTS WITHIN SIX MONTHS
OF THE PUBLICATION OF A NEW HOUSING AND VACANCY  SURVEY  BY  THE  UNITED
STATES  CENSUS  BUREAU. THE SCHEDULE OR UPDATED SCHEDULE OF RENT ADJUST-
MENTS SHALL BE BASED ON THE NEW SURVEY DATA AS TABULATED BY THE NEW YORK
CITY RENT GUIDELINES BOARD, GOVERNING THE RATE  BY  WHICH  THE  RENT  OF
REGULATED  HOUSING  ACCOMMODATIONS  SHALL  BE  ADJUSTED  UPON  AND AFTER
CONVERSION TO INDIVIDUAL METERING AT THE BUILDING  BY  MEANS  OF  EITHER
DIRECT METERING OR SUBMETERING. THE CITY RENT AGENCY SHALL PROMULGATE AN
OPERATIONAL  BULLETIN  AND/OR  MODIFY OR AMEND ITS REGULATIONS AS MAY BE
NECESSARY TO GIVE EFFECT TO THE PROVISIONS OF THIS SUBDIVISION.
  (2) THE NEW YORK CITY RENT GUIDELINES BOARD SHALL  PROVIDE  STAFF  AND
ASSISTANCE TO THE CITY RENT AGENCY, BY TABULATING THE DATA OF THE TRIEN-
NIAL  NEW  YORK  CITY  HOUSING AND VACANCY SURVEY PRODUCED BY THE UNITED
STATES CENSUS BUREAU WITHIN NINETY DAYS OF PUBLICATION AND PROVIDING THE
CITY RENT AGENCY THE DATA NECESSARY TO PROMULGATE  A  SCHEDULE  OF  RENT
ADJUSTMENTS.
  (3) THE SCHEDULE OF RENT REDUCTIONS SHALL APPLY TO ALL RENT CONTROLLED
ACCOMMODATION  UNITS  IN  A  BUILDING  THAT CONVERTS FROM MASTER UTILITY
METERING TO INDIVIDUAL UTILITY METERING BY MEANS OF EITHER DIRECT METER-
ING OR SUBMETERING, AND SHALL TAKE EFFECT DURING THE YEAR IN  WHICH  THE
METERING IN THE BUILDING IS CONVERTED AND CONTINUE EACH YEAR THEREAFTER.

A. 193--A                           3

  (4)  AFTER  THE CONVERSION, ALL TENANTS SHALL BE RESPONSIBLE FOR THEIR
OWN ELECTRIC CONSUMPTION EXCEPT THOSE WHO, ON THE  DATE  OF  CONVERSION,
ARE  RECEIVING  A SENIOR CITIZEN RENT INCREASE EXEMPTION OR A DISABILITY
RENT INCREASE EXEMPTION PURSUANT TO SECTION 26-406 OF THIS CHAPTER.  FOR
SUCH  TENANTS  THE RENT SHALL NOT BE REDUCED AND THE COST OF ELECTRICITY
SHALL REMAIN INCLUDED IN THE RENT; HOWEVER, THE OWNER  MAY  INSTALL  ANY
EQUIPMENT  IN  SUCH  TENANT'S  HOUSING  ACCOMMODATION AS IS REQUIRED FOR
EFFECTUATION OF THE ELECTRICAL CONVERSION.  IF  SUCH  TENANT  NO  LONGER
RECEIVES  SUCH  BENEFIT  OR VACATES THE HOUSING ACCOMMODATION, THE OWNER
SHALL REDUCE THE MAXIMUM RENT FOR THE HOUSING ACCOMMODATION  IN  ACCORD-
ANCE WITH THE THEN-CURRENT SCHEDULE OF RENT REDUCTIONS AS PROMULGATED BY
THE CITY RENT AGENCY.
  (5)  NOTHING  IN  THIS SUBDIVISION SHALL BE CONSTRUED TO PERMIT SHARED
METERING.
  S 3. Subdivision d of section 6 of section 4 of  chapter  576  of  the
laws  of 1974, constituting the emergency tenant protection act of nine-
teen seventy-four, is amended by adding a new paragraph  6  to  read  as
follows:
  (6)  OWNERS  OF BUILDINGS WHICH ARE MASTER METERED FOR ELECTRICITY AND
HAVE RENT INCLUSION OF ELECTRICITY MAY FILE  APPLICATIONS  TO  TERMINATE
THE RENT INCLUSION OF ELECTRICITY FOR THE ACCOMMODATIONS SUBJECT TO THIS
SECTION.
  (I)  THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL FORMULATE AND
PUBLISH A SCHEDULE OF RENT ADJUSTMENTS OR UPDATE THE SCHEDULE OF ADJUST-
MENTS WITHIN SIX MONTHS OF THE PUBLICATION OF A NEW HOUSING AND  VACANCY
SURVEY BY THE UNITED STATES CENSUS BUREAU. THE SCHEDULE OR UPDATED SCHE-
DULE  OF RENT ADJUSTMENTS SHALL BE BASED ON THE NEW SURVEY DATA AS TABU-
LATED BY THE NEW YORK CITY RENT GUIDELINES BOARD, GOVERNING THE RATE  BY
WHICH  THE  RENT  OF  REGULATED HOUSING ACCOMMODATIONS SHALL BE ADJUSTED
UPON AND AFTER CONVERSION TO INDIVIDUAL  METERING  AT  THE  BUILDING  BY
MEANS  OF EITHER DIRECT METERING OR SUBMETERING. THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL SHALL PROMULGATE AN  OPERATIONAL  BULLETIN  AND/OR
MODIFY  OR  AMEND  ITS REGULATIONS AS MAY BE NECESSARY TO GIVE EFFECT TO
THE PROVISIONS OF THIS PARAGRAPH.
  (II) THE NEW YORK CITY RENT GUIDELINES BOARD SHALL PROVIDE  STAFF  AND
ASSISTANCE TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, BY TABULAT-
ING  THE  DATA OF THE TRIENNIAL NEW YORK CITY HOUSING AND VACANCY SURVEY
PRODUCED BY THE UNITED STATES CENSUS BUREAU WITHIN NINETY DAYS OF PUBLI-
CATION AND PROVIDING THE DIVISION OF HOUSING AND COMMUNITY  RENEWAL  THE
DATA NECESSARY TO PROMULGATE A SCHEDULE OF RENT ADJUSTMENTS.
  (III)  THE  SCHEDULE OF RENT REDUCTIONS SHALL APPLY TO ALL RENT STABI-
LIZED ACCOMMODATION UNITS IN A BUILDING THAT CONVERTS FROM MASTER UTILI-
TY METERING TO INDIVIDUAL UTILITY METERING BY  MEANS  OF  EITHER  DIRECT
METERING  OR SUBMETERING, AND SHALL TAKE EFFECT DURING THE YEAR IN WHICH
THE METERING IN THE BUILDING IS CONVERTED AND CONTINUE EACH YEAR  THERE-
AFTER.
  (IV)  AFTER THE CONVERSION, ALL TENANTS SHALL BE RESPONSIBLE FOR THEIR
OWN ELECTRIC CONSUMPTION EXCEPT THOSE WHO, ON THE  DATE  OF  CONVERSION,
ARE  RECEIVING  A SENIOR CITIZEN RENT INCREASE EXEMPTION OR A DISABILITY
RENT INCREASE EXEMPTION PURSUANT TO A LOCAL LAW, ORDINANCE OR RESOLUTION
AS AUTHORIZED BY SECTION 467-B OF THE REAL PROPERTY TAX  LAW.  FOR  SUCH
TENANTS  THE RENT SHALL NOT BE REDUCED AND THE COST OF ELECTRICITY SHALL
REMAIN INCLUDED IN THE RENT; HOWEVER, THE OWNER MAY INSTALL  ANY  EQUIP-
MENT IN SUCH TENANT'S HOUSING ACCOMMODATION AS IS REQUIRED FOR EFFECTUA-
TION  OF  THE  ELECTRICAL  CONVERSION. IF SUCH TENANT NO LONGER RECEIVES
SUCH BENEFIT OR VACATES  THE  HOUSING  ACCOMMODATION,  THE  OWNER  SHALL

A. 193--A                           4

REDUCE THE LEGAL REGULATED RENT FOR THE HOUSING ACCOMMODATION IN ACCORD-
ANCE WITH THE THEN-CURRENT SCHEDULE OF RENT REDUCTIONS AS PROMULGATED BY
THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
  (V)  NOTHING  IN  THIS  PARAGRAPH  SHALL BE CONSTRUED TO PERMIT SHARED
METERING.
  S 4. Section 4 of chapter 274 of the laws of  1946,  constituting  the
emergency  housing rent control law, is amended by adding a new subdivi-
sion 9 to read as follows:
  9.  OWNERS OF BUILDINGS WHICH ARE MASTER METERED FOR  ELECTRICITY  AND
HAVE  RENT  INCLUSION  OF ELECTRICITY MAY FILE APPLICATIONS TO TERMINATE
THE RENT INCLUSION OF ELECTRICITY FOR THE ACCOMMODATIONS SUBJECT TO THIS
SECTION.
  (1) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL FORMULATE  AND
PUBLISH A SCHEDULE OF RENT ADJUSTMENTS OR UPDATE THE SCHEDULE OF ADJUST-
MENTS  WITHIN SIX MONTHS OF THE PUBLICATION OF A NEW HOUSING AND VACANCY
SURVEY BY THE UNITED STATES CENSUS BUREAU. THE SCHEDULE OR UPDATED SCHE-
DULE OF RENT ADJUSTMENTS SHALL BE BASED ON THE NEW SURVEY DATA AS  TABU-
LATED  BY THE NEW YORK CITY RENT GUIDELINES BOARD, GOVERNING THE RATE BY
WHICH THE RENT OF REGULATED HOUSING  ACCOMMODATIONS  SHALL  BE  ADJUSTED
UPON  AND  AFTER  CONVERSION  TO  INDIVIDUAL METERING AT THE BUILDING BY
MEANS OF EITHER DIRECT METERING OR SUBMETERING. THE DIVISION OF  HOUSING
AND  COMMUNITY  RENEWAL  SHALL PROMULGATE AN OPERATIONAL BULLETIN AND/OR
MODIFY OR AMEND ITS REGULATIONS AS MAY BE NECESSARY TO  GIVE  EFFECT  TO
THE PROVISIONS OF THIS SUBDIVISION.
  (2)  THE  NEW  YORK CITY RENT GUIDELINES BOARD SHALL PROVIDE STAFF AND
ASSISTANCE TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, BY TABULAT-
ING THE DATA OF THE TRIENNIAL NEW YORK CITY HOUSING AND  VACANCY  SURVEY
PRODUCED BY THE UNITED STATES CENSUS BUREAU WITHIN NINETY DAYS OF PUBLI-
CATION  AND  PROVIDING THE DIVISION OF HOUSING AND COMMUNITY RENEWAL THE
DATA NECESSARY TO PROMULGATE A SCHEDULE OF RENT ADJUSTMENTS.
  (3) THE SCHEDULE OF RENT REDUCTIONS SHALL APPLY TO ALL RENT CONTROLLED
ACCOMMODATION UNITS IN A BUILDING  THAT  CONVERTS  FROM  MASTER  UTILITY
METERING TO INDIVIDUAL UTILITY METERING BY MEANS OF EITHER DIRECT METER-
ING  OR  SUBMETERING, AND SHALL TAKE EFFECT DURING THE YEAR IN WHICH THE
METERING IN THE BUILDING IS CONVERTED AND CONTINUE EACH YEAR THEREAFTER.
  (4) AFTER THE CONVERSION, ALL TENANTS SHALL BE RESPONSIBLE  FOR  THEIR
OWN  ELECTRIC  CONSUMPTION  EXCEPT THOSE WHO, ON THE DATE OF CONVERSION,
ARE RECEIVING A SENIOR CITIZEN RENT INCREASE EXEMPTION OR  A  DISABILITY
RENT INCREASE EXEMPTION PURSUANT TO A LOCAL LAW, ORDINANCE OR RESOLUTION
AS  AUTHORIZED  BY  SECTION 467-B OF THE REAL PROPERTY TAX LAW. FOR SUCH
TENANTS THE RENT SHALL NOT BE REDUCED AND THE COST OF ELECTRICITY  SHALL
REMAIN  INCLUDED  IN THE RENT; HOWEVER, THE OWNER MAY INSTALL ANY EQUIP-
MENT IN SUCH TENANT'S HOUSING ACCOMMODATION AS IS REQUIRED FOR EFFECTUA-
TION OF THE ELECTRICAL CONVERSION. IF SUCH  TENANT  NO  LONGER  RECEIVES
SUCH  BENEFIT  OR  VACATES  THE  HOUSING  ACCOMMODATION, THE OWNER SHALL
REDUCE THE MAXIMUM RENT FOR THE HOUSING ACCOMMODATION IN ACCORDANCE WITH
THE THEN-CURRENT SCHEDULE OF RENT REDUCTIONS AS PROMULGATED BY THE DIVI-
SION OF HOUSING AND COMMUNITY RENEWAL.
  (5) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED  TO  PERMIT  SHARED
METERING.
  S  5. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law, and shall  apply  to
all fiscal years commencing on or after such date; provided that:
  a.  the  amendments to section 26-511 of the rent stabilization law of
nineteen hundred sixty-nine made by section one of this act shall expire

A. 193--A                           5

on the same date as such law expires and shall not affect the expiration
of such law as provided under section 26-520 of such law;
  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;
  c. the amendments to subdivision d  of  section  6  of  the  emergency
tenant  protection act of nineteen seventy-four made by section three 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
  d.  the  amendments to section 4 of the emergency housing rent control
law made by section four of this act shall expire on the  same  date  as
such  law  expires  and  shall  not affect the expiration of such law as
provided in subdivision 2 of section 1 of chapter 274  of  the  laws  of
1946.

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