Assembly Bill A9061B

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

                                  9061

                          I N  A S S E M B L Y

                             March 12, 2014
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Housing

AN ACT to amend the real property law, in relation  to  requiring  equal
  access  to common spaces and amenities in certain buildings and apart-
  ments

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

  Section  1.  The  real property law is amended by adding a new section
235-h to read as follows:
  S 235-H. EQUAL ACCESS. 1. UNITS SUBJECT TO REGULATION PURSUANT TO  THE
LOCAL   EMERGENCY   HOUSING  RENT  CONTROL  LAW,  THE  EMERGENCY  TENANT
PROTECTION ACT OF NINETEEN SEVENTY-FOUR, THE RENT STABILIZATION  LAW  OF
NINETEEN  HUNDRED  SIXTY-NINE  OR  THE CITY RENT AND REHABILITATION LAW,
MUST HAVE EQUAL ACCESS TO COMMON SPACES AND AMENITIES  IN  BUILDINGS  OR
COMPLEXES WHERE COMMON SPACES OR AMENITIES EXIST.
  2.  AN  OWNER  OF  A BUILDING OR COMPLEX THAT IS FOUND IN VIOLATION OF
SUBDIVISION ONE OF THIS SECTION IS PUNISHABLE BY A FINE  NOT  TO  EXCEED
TWENTY-FIVE THOUSAND DOLLARS.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14371-01-4


              

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

                                 9061--A

                          I N  A S S E M B L Y

                             March 12, 2014
                               ___________

Introduced  by M. of A. ROSENTHAL, MILLER, MOSLEY, DINOWITZ, COOK, SCAR-
  BOROUGH, ROBINSON -- Multi-Sponsored by -- M.  of  A.  CAMARA,  GLICK,
  RIVERA  --  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 real property law, in relation to requiring equal
  access to common spaces and amenities in certain buildings and  apart-
  ments

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

  Section 1. The real property law is amended by adding  a  new  section
235-h to read as follows:
  S  235-H.  EQUAL  ACCESS.  1. UNITS INCLUDING BUT NOT LIMITED TO THOSE
SUBJECT TO REGULATION PURSUANT  TO  THE  LOCAL  EMERGENCY  HOUSING  RENT
CONTROL   LAW,   THE   EMERGENCY   TENANT  PROTECTION  ACT  OF  NINETEEN
SEVENTY-FOUR, THE RENT STABILIZATION LAW OF NINETEEN HUNDRED  SIXTY-NINE
OR  THE CITY RENT AND REHABILITATION LAW, MULTIPLE DWELLINGS WITH SINGLE
ROOM  OCCUPANCY,  RENTAL  ASSISTANCE  PROGRAM  FOR  PEOPLE  LIVING  WITH
HIV/AIDS,  MITCHEL-LAMA HOUSING PROGRAM, HOUSING DEVELOPMENT FUND CORPO-
RATION, THE RENT STABILIZATION CODE, CLASS A AND CLASS B MULTIPLE DWELL-
INGS, AND HOUSING CHOICE VOUCHER PROGRAM,  MUST  HAVE  EQUAL  ACCESS  TO
COMMON SPACES AND AMENITIES IN BUILDINGS OR COMPLEXES WHERE COMMON SPAC-
ES OR AMENITIES EXIST.
  2.  AN  OWNER  MAY CHARGE AN ADDITIONAL FEE TO TENANTS OCCUPYING THOSE
UNITS SUBJECT TO REGULATION AS SET FORTH  IN  SUBDIVISION  ONE  OF  THIS
SECTION  FOR  THE  USE OF COMMON SPACES AND AMENITIES PROVIDED THAT SUCH
FEE IS REASONABLE AND NOT PROHIBITIVE TO SUCH TENANTS.
  3. IN CASES WHERE THE ACCESS OF ALL TENANTS  TO  AMENITIES  OR  COMMON
SPACES  IS DENIED, THE DENIAL OF SUCH ACCESS SHALL NOT PROVIDE THE BASIS
FOR A RENT REDUCTION ORDER PURSUANT TO SECTION 26-405 OR 26-509  OF  THE
ADMINISTRATIVE  CODE  OF THE CITY OF NEW YORK UNLESS ACCESS TO THE AMEN-
ITIES OR COMMON SPACES WAS HISTORICALLY PROVIDED  TO  TENANTS  IN  UNITS
SUBJECT TO REGULATION AS SET FORTH IN SUBDIVISION ONE OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14371-05-4
              

A. 9061--A                          2

  4.  AN  OWNER  OF  A BUILDING OR COMPLEX THAT IS FOUND IN VIOLATION OF
SUBDIVISION ONE OF THIS SECTION IS PUNISHABLE BY A FINE  NOT  TO  EXCEED
TWENTY-FIVE  THOUSAND  DOLLARS.   SUCH OWNER SHALL ALSO FORFEIT ANY RENT
INCREASE HE OR SHE IS ENTITLED TO WHERE SUCH OWNER IS FOUND IN VIOLATION
OF THIS SECTION.
  5.  APPLICATIONS  FOR  RENT  INCREASES FOR MAJOR CAPITAL IMPROVEMENTS,
INDIVIDUAL APARTMENT IMPROVEMENTS OR ANY OTHER RENT INCREASE APPLICATION
SHALL BE DENIED WHERE AN OWNER OF A BUILDING  OR  COMPLEX  IS  FOUND  IN
VIOLATION  OF  THIS  SECTION.  ADDITIONALLY,  ANY OWNER OF A BUILDING OR
COMPLEX THAT IS FOUND IN VIOLATION OF THIS SECTION SHALL LOSE THEIR  TAX
EXEMPTIONS  OR  TAX  ABATEMENTS  AUTHORIZED  PURSUANT  TO  SECTIONS FOUR
HUNDRED TWENTY-ONE-A OR FOUR HUNDRED EIGHTY-NINE OF  THE  REAL  PROPERTY
TAX  LAW OR SECTION 11-243 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW
YORK.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.