NY State Senate Bill 2009-S2349

Senate Bill S2349

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status Via A193 - 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2010	3rd reading cal.887 substituted for s2349a
Jun 14, 2010	substituted by a193a
Jun 10, 2010	advanced to third reading
Jun 09, 2010	2nd report cal.
Jun 08, 2010	1st report cal.887
May 03, 2010	notice of committee consideration - requested
Jan 06, 2010	referred to energy and telecommunications
Dec 28, 2009	print number 2349a
Dec 28, 2009	amend (t) and recommit to energy and telecommunications
Feb 18, 2009	referred to energy and telecommunications

Votes

- Jun 8, 2010 - Energy And Telecommunications Committee Vote
  S2349
  
  6
  
  Aye
  
  5
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: Jun 8, 2010
      
      aye (6)
      
      Adams
      
      Aubertine
      
      Onorato
      
      Parker
      
      Schneiderman
      
      Valesky
      
      nay (5)
      
      Alesi
      
      Griffo
      
      Libous
      
      Little
      
      Maziarz
      
      aye wr (1)
      
      Kruger

Bill Amendments

Original

A (Active)

2009-S2349 - 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: S2389
2013-2014: S234
2015-2016: S189
2017-2018: S481, S7150
2019-2020: S3383
2021-2022: S3124

2009-S2349 - 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-S2349 - Sponsor Memo

                                 BILL NUMBER:  S2349

 TITLE OF BILL :
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
guidelines board to publish a housing and vacancy survey and tabulate
the data of the survey not less than once every three calendar years


 PURPOSE :
To ensure that the schedule of rent reductions that is applied to both
regulated and deregulated apartments that have electricity factored
into their base rent receive a fair reduction at the time of
submetering by requiring a specific timeline that the DCHR and New
York City Rent Guidelines Board must adhere to when setting the rent
reduction schedules.

 SUMMARY OF PROVISIONS :
This legislation adds a new section, 21-a, to the public service law.

 JUSTIFICATION :
The Division of Housing and Community Renewal updates the schedule of

rent reductions that effects the amount that is deducted from a
tenants rent when their building becomes sub-metered. This reduction
compensates the tenant for the portion of rent that was designated to
cover their electricity usage. DHCR is required through their
regulations to update this schedule every three years. A lack of
enforcement of these regulations had allowed this schedule to become
out of date. To avoid this problem in the future, this bill would
legally require the DHCR to comply with their regulations.

Also, when buildings apply to the Public Service Commission to be
sub-metered, it is up to the Commission to specify in their order
whether or not deregulated apartments (not rent stabilized or rent
controlled) will receive a rent reduction to return the percentage of
their rent that had been calculated in at the time of the lease to
cover electric costs. Under sub-metering, all apartments in an
approved building receive sub-meters and, once installed, electric
bills separated from their rent. It is unfair for deregulated
apartments that do not receive a reduction under a Commission order to
have to continue paying for electricity as a part of their rent as
well as in a separate bill for their usage. This legislation would
ensure that all apartments, both regulated and deregulated, in
buildings that opt to sub-meter would receive a rent reduction to
return the cost of electricity that had been factored into the rent.

 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 becomes law.

2009-S2349 - Bill Text download pdf

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

                                  2349

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 18, 2009
                               ___________

Introduced  by  Sen. SCHNEIDERMAN -- read twice and ordered printed, and
  when printed to be committed to the Committee on Energy and Telecommu-
  nications

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

S. 2349                             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-S2349A (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: S2389
2013-2014: S234
2015-2016: S189
2017-2018: S481, S7150
2019-2020: S3383
2021-2022: S3124

2009-S2349A (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-S2349A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2349A

 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 termination 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 electricity
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 individual 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
building-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
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.

2009-S2349A (ACTIVE) - Bill Text download pdf

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

                                 2349--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 18, 2009
                               ___________

Introduced  by  Sen. SCHNEIDERMAN -- read twice and ordered printed, and
  when printed to be committed to the Committee on Energy and Telecommu-
  nications -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

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
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01288-09-0

S. 2349--A                          2

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.
  (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

S. 2349--A                          3

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
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. 2349--A                          4

  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
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

S. 2349--A                          5

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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