S T A T E O F N E W Y O R K
________________________________________________________________________
5089
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
___________
Introduced by M. of A. V. LOPEZ, AUBRY, KAVANAGH, KELLNER -- read once
and referred to the Committee on Housing
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 rent increases for
certain housing accommodations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (e) of paragraph 1 of subdivision g of section
26-405 of the administrative code of the city of New York, as amended by
chapter 253 of the laws of 1993, is amended to read as follows:
(e) The landlord and tenant by mutual voluntary written agreement
agree to a substantial increase or decrease in dwelling space or a
change in the services, furniture, furnishings or equipment provided in
the housing accommodations. An adjustment under this subparagraph shall
be equal to [one-fortieth] ONE-SEVENTY-SECOND 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 [than
an owner] THAT A LANDLORD who is entitled to a rent increase pursuant to
this subparagraph 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 city
rent agency of any such adjustment pursuant to this subparagraph[.]; or
S 2. Paragraph 13 of subdivision c of section 26-511 of the adminis-
trative 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08700-01-9
A. 5089 2
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] ONE-SEVENTY-SEC-
OND of the total cost incurred by the landlord in providing such modifi-
cation 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 furniture or furnishings.
S 3. 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:
(1) there has been a substantial modification or increase of dwelling
space or an increase in the services, or installation of new equipment
or improvements or new furniture or furnishings, provided in or to a
tenant's housing 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]
ONE-SEVENTY-SECOND of the total cost incurred by the landlord in provid-
ing such modification or increase in dwelling space, services, furni-
ture, furnishings or equipment, including the cost of installation, but
excluding finance charges. Provided further [than] 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 simi-
lar equipment, or new furniture or furnishings within the useful life of
such new equipment, or new furniture or furnishings.
S 4. Clause 5 of the second undesignated paragraph of paragraph (a) of
subdivision 4 of section 4 of chapter 274 of the laws of 1946, consti-
tuting the emergency housing rent control law, as amended by chapter 253
of the laws of 1993, is amended to read as follows:
(5) the landlord and tenant by mutual voluntary written agreement
agree to a substantial increase or decrease in dwelling space or a
change in the services, furniture, furnishings or equipment provided in
the housing accommodations provided that an owner shall be entitled to a
rent increase where there has been a substantial modification or
increase of dwelling space or an increase in the services, or installa-
tion of new equipment or improvements or new furniture or furnishings
provided in or to a tenant's housing accommodation. The permanent
increase in the maximum rent for the affected housing accommodation
shall be [one-fortieth] ONE-SEVENTY-SECOND 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 clause 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 furniture or furnishings. The owner
shall give written notice to the commission of any such adjustment
pursuant to this clause; or
A. 5089 3
S 5. This act shall take effect immediately provided, however, it
shall apply only to rent increases which an owner first becomes entitled
to after the effective date of this act; and provided further that the
amendments to section 26-405 of the city rent and rehabilitation law
made by section one of this act shall remain in full force and effect
only so 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, as amended; and provided further that the amendments to section
26-511 of the rent stabilization law of nineteen hundred sixty-nine made
by section two 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; and provided further that the amend-
ments to 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, as
amended; and provided that 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, as amended.