assembly Bill A10718A

2011-2012 Legislative Session

Relates to the collection of any rent adjustment to the legal regulated rent for a major capital improvement for any housing accommodation

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 reported referred to rules
reported referred to ways and means
Jun 18, 2012 print number 10718a
Jun 18, 2012 amend and recommit to housing
Jun 17, 2012 referred to housing

Co-Sponsors

A10718 (ACTIVE) - Details

Current Committee:
Assembly Rules
Law Section:
New York City Administrative Code
Laws Affected:
Amd §§26-405, 26-511 & 11-243, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974; amd §4, Emerg Hous Rent Cont L; amd §489, RPT L

A10718 (ACTIVE) - Summary

Relates to the collection of any rent adjustment to the legal regulated rent for a major capital improvement for any housing accommodation; relates to exemption from taxation of any increase in assessed valuation of real property resulting from alterations and improvements.

A10718 (ACTIVE) - Bill Text download pdf

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

                                  10718

                          I N  A S S E M B L Y

                              June 17, 2012
                               ___________

Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. V. Lopez,
  Silver) -- 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 the collection of any
  rent adjustment to the  legal  regulated  rent  for  a  major  capital
  improvement for any housing accommodation; and to amend the real prop-
  erty  tax  law, in relation to exemption from taxation of any increase
  in assessed valuation of real property resulting from alterations  and
  improvements

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

  Section 1. 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.  An  adjustment under this subparagraph [(g)]
shall be in an amount sufficient to amortize the cost  of  the  improve-
ments pursuant to this subparagraph [(g)] over a seven-year period.  THE
COLLECTION  OF  ANY  RENT  ADJUSTMENT  TO THE LEGAL REGULATED RENT FOR A
MAJOR CAPITAL IMPROVEMENT FOR ANY HOUSING ACCOMMODATION SHALL NOT EXCEED
SIX PERCENT IN ANY YEAR FROM THE EFFECTIVE DATE OF  THE  ORDER  GRANTING
THE INCREASE OVER THE RENT SET FORTH IN THE SCHEDULE OF GROSS RENTS WITH
COLLECTIBILITY  OF ANY DOLLAR EXCESS ABOVE SAID SUM TO BE SPREAD FORWARD
IN SIMILAR INCREMENTS AND ADDED TO THE MAXIMUM RENT  AS  ESTABLISHED  OR
SET  IN  FUTURE  YEARS.  IN  NO  EVENT  SHALL  MORE THAN ONE SIX PERCENT
INCREASE IN THE MAXIMUM RENT BE COLLECTED  IN  THE  SAME  YEAR.  A  RENT
ADJUSTMENT  FOR  A  MAJOR CAPITAL IMPROVEMENT MAY ONLY BE GRANTED IF THE
OWNER OR AGENT OF THE SUBJECT BUILDING FIRST APPLIES  FOR  AND  RECEIVES
BENEFITS  PURSUANT  TO  SECTION 11-243 OF THIS CODE FOR THE BUILDING FOR
WHICH THEY ARE SEEKING A MAJOR CAPITAL IMPROVEMENT,  PROVIDED,  HOWEVER,
AN OWNER OR AGENT OF THE SUBJECT BUILDING THAT IS DENIED BENEFITS PURSU-
ANT  TO SECTION 11-243 OF THIS CODE FOR REASONS UNRELATED TO AN UNTIMELY

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

Co-Sponsors

A10718A (ACTIVE) - Details

Current Committee:
Assembly Rules
Law Section:
New York City Administrative Code
Laws Affected:
Amd §§26-405, 26-511 & 11-243, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974; amd §4, Emerg Hous Rent Cont L; amd §489, RPT L

A10718A (ACTIVE) - Summary

Relates to the collection of any rent adjustment to the legal regulated rent for a major capital improvement for any housing accommodation; relates to exemption from taxation of any increase in assessed valuation of real property resulting from alterations and improvements.

A10718A (ACTIVE) - Bill Text download pdf

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

                                10718--A

                          I N  A S S E M B L Y

                              June 17, 2012
                               ___________

Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. V. Lopez,
  Silver) -- read once and referred  to  the  Committee  on  Housing  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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 the collection of any
  rent adjustment to the  legal  regulated  rent  for  a  major  capital
  improvement for any housing accommodation; and to amend the real prop-
  erty  tax  law, in relation to exemption from taxation of any increase
  in assessed valuation of real property resulting from alterations  and
  improvements

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

  Section 1. 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.  An  adjustment under this subparagraph [(g)]
shall be in an amount sufficient to amortize the cost  of  the  improve-
ments pursuant to this subparagraph [(g)] over a seven-year period.  THE
COLLECTION  OF  ANY  RENT  ADJUSTMENT  TO THE LEGAL REGULATED RENT FOR A
MAJOR CAPITAL IMPROVEMENT FOR ANY HOUSING ACCOMMODATION SHALL NOT EXCEED
SIX PERCENT IN ANY YEAR FROM THE EFFECTIVE DATE OF  THE  ORDER  GRANTING
THE INCREASE OVER THE RENT SET FORTH IN THE SCHEDULE OF GROSS RENTS WITH
COLLECTIBILITY  OF ANY DOLLAR EXCESS ABOVE SAID SUM TO BE SPREAD FORWARD
IN SIMILAR INCREMENTS AND ADDED TO THE MAXIMUM RENT  AS  ESTABLISHED  OR
SET  IN  FUTURE  YEARS.  IN  NO  EVENT  SHALL  MORE THAN ONE SIX PERCENT
INCREASE IN THE MAXIMUM RENT BE COLLECTED IN THE SAME YEAR; or
  S 2. Paragraph 6 of subdivision c of section 26-511 of the administra-
tive code of the city of New York, as amended by chapter 116 of the laws
of 1997, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16251-03-2

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