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Senate Bill S8302

2009-2010 Legislative Session

Relates to individual apartment improvement notices

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2009-S8302 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
New York City Administrative Code
Laws Affected:
Amd §26-511, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974

2009-S8302 (ACTIVE) - Summary

Relates to individual apartment improvement notices.

2009-S8302 (ACTIVE) - Sponsor Memo

2009-S8302 (ACTIVE) - Bill Text download pdf

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

                                  8302

                            I N  S E N A T E

                              June 21, 2010
                               ___________

Introduced  by  Sen.  ESPADA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the administrative code of the city of New York and  the
  emergency  tenant protection act of nineteen seventy-four, in relation
  to individual apartment improvement notices

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

  Section  1.  Paragraph  13  of  subdivision c of section 26-511 of the
administrative code of the city of New York, as added by chapter 253  of
the laws of 1993, is amended to read as follows:
  (13) provides that an owner is entitled to a rent increase where there
has  been a substantial modification or increase of dwelling space or an
increase in the services, or installation of new equipment  or  improve-
ments or new furniture or furnishings provided in or to a tenant's hous-
ing  accommodation,  on  written tenant consent to the rent increase. In
the case of a vacant housing accommodation, tenant consent shall not  be
required.  The  permanent  increase  in the legal regulated rent for the
affected housing accommodation shall be one-fortieth of the  total  cost
incurred  by  the landlord in providing such modification or increase in
dwelling space, services, furniture, furnishings or equipment, including
the cost  of  installation,  but  excluding  finance  charges.  Provided
further  that  an  owner  who is entitled to a rent increase pursuant to
this paragraph shall not be entitled to a further  rent  increase  based
upon  the  installation  of  similar  equipment,  or  new  furniture  or
furnishings within the useful life of such new equipment, or new  furni-
ture  or furnishings.   THE OWNER SHALL GIVE WRITTEN NOTICE TO THE DIVI-
SION AND THE TENANT ON FORMS PRESCRIBED BY THE COMMISSIONER OF ANY  SUCH
ADJUSTMENT  PURSUANT  TO  THIS PARAGRAPH AND THE FAILURE TO PROVIDE SUCH
WRITTEN NOTICE AS PROVIDED HEREIN SHALL PRECLUDE THE COLLECTION  OF  ANY
SUCH ADJUSTMENT.
  S 2. Paragraph 1 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 added by chapter 253  of  the  laws  of
1993, is amended to read as follows:

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

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