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Assembly Bill A193

2011-2012 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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2011-A193 (ACTIVE) - Details

See Senate Version of this Bill:
S736
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:
2009-2010: A540, S1658
2013-2014: A454, S207
2015-2016: A87, S586
2017-2018: A1116, S150
2019-2020: A3146, S5118
2021-2022: A2032, S2848

2011-A193 (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.

2011-A193 (ACTIVE) - Bill Text download pdf 

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

                                   193

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by M. of A. DINOWITZ, BARRON, GIBSON -- Multi-Sponsored by --
  M. of A. GOTTFRIED, 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

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

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