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.
LBD17849-01-0
S. 8302 2
(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 of the
total cost incurred by the landlord in providing such modification or
increase in dwelling space, services, furniture, furnishings or equip-
ment, 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 similar equipment, or new furni-
ture or furnishings within the useful life of such new equipment, or new
furniture or furnishings. THE OWNER SHALL GIVE WRITTEN NOTICE TO THE
DIVISION 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 3. This act shall take effect immediately; provided however, that:
1. the amendments to section 26-511 of chapter 4 of title 26 of the
administrative code of the city of New York 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; and
2. the amendments to section 6 of the emergency tenant protection act
of nineteen seventy-four made by section two 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.