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

                                  4877

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2009
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Housing

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
improvements pursuant to this subparagraph (g) over a seven-year period;
or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08276-02-9

              

A. 4877                             2

  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.