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Assembly Bill A540

2009-2010 Legislative Session

Requires limited profit housing company to show maintenance of essential services before approval of rent increases

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Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

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2009-A540 (ACTIVE) - Details

See Senate Version of this Bill:
S1658
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Private Housing Finance Law
Laws Affected:
Amd ยงยง12 & 31, Priv Hous Fin L
Versions Introduced in Other Legislative Sessions:
2011-2012: A193, S736
2013-2014: A454, S207
2015-2016: A87, S586
2017-2018: A1116, S150
2019-2020: A3146, S5118
2021-2022: A2032, S2848

2009-A540 (ACTIVE) - Summary

Defines, for purposes of the Mitchell-Lama housing projects, "essential services" which landlord in limited-profit housing companies are obligated to provide and requires that any authorized maximum average monthly rental increase shall be conditioned on the continued maintenance of such defined services.

2009-A540 (ACTIVE) - Bill Text download pdf 

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

                                   540

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. DINOWITZ -- Multi-Sponsored by -- M. of A. GOTT-
  FRIED, PHEFFER -- read once and referred to the Committee on Housing

AN ACT to amend the private housing finance law, in relation to defining
  "essential services" and conditioning approval of increase of  maximum
  rentals upon maintenance of all essential services

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

  Section 1. Section 12 of the private housing finance law is amended by
adding a new subdivision 17 to read as follows:
  17. "ESSENTIAL SERVICES". THOSE ESSENTIAL SERVICES WHICH  THE  COMPANY
FURNISHED  OR WHICH IT WAS OBLIGATED TO FURNISH ON THE DATE OF OCCUPANCY
AND WHICH WERE INCLUDED IN THE MAXIMUM RENT FOR  THE  DWELLING  ACCOMMO-
DATIONS  ON  THAT  DATE.  THESE  MAY INCLUDE, BUT ARE NOT LIMITED TO THE
FOLLOWING:  REPAIRS AND MAINTENANCE, THE FURNISHING OF LIGHT, HEAT,  HOT
AND  COLD WATER, AND ELEVATOR SERVICE.  THIS SUBDIVISION SHALL NOT APPLY
WITH RESPECT TO SERVICES WHICH SHALL HAVE BEEN REDUCED  OR  DISCONTINUED
PURSUANT TO THE EXPRESS CONSENT OF THE DIVISION.
  S  2.  Section  31  of  the  private housing finance law is amended by
adding a new subdivision 1-a to read as follows:
  1-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER AND EXCEPT AS
OTHERWISE PROVIDED IN THIS SUBDIVISION, THE COMMISSIONER OR  SUPERVISING
AGENCY  SHALL  NOT  APPROVE  AN  INCREASE IN THE PRESENT MAXIMUM AVERAGE
MONTHLY RENTAL UNLESS THE COMPANY OR OTHER  APPLICANT  IS  FOUND  TO  BE
MAINTAINING ALL ESSENTIAL SERVICES FURNISHED OR REQUIRED TO BE FURNISHED
AS  OF THE DATE OF THE ISSUANCE OF THE ORDER AUTHORIZING A RENT INCREASE
AND SUCH INCREASE SHALL  BE  CONDITIONED  ON  THE  MAINTENANCE  OF  SUCH
SERVICES  THEREAFTER.  EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION,
NO RENT INCREASE SHALL BE APPROVED WHERE THE APPROPRIATE  DEPARTMENT  OR
AGENCY  HAVING  JURISDICTION  CERTIFIES  THE DWELLING ACCOMMODATION IS A
FIRE HAZARD OR IN A CONTINUED DANGEROUS CONDITION OR DETRIMENTAL TO LIFE

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

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