S T A T E O F N E W Y O R K
________________________________________________________________________
1305
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
Community Development
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 charges for the installation or use of certain appliances in hous-
ing accommodations subject to rent control and rent stabilization
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The administrative code of the city of New York is amended
by adding a new section 26-513.1 to read as follows:
S 26-513.1 LIMIT PASS-ALONG COST OF APPLIANCES IN LEASES. WHERE A
LANDLORD INCLUDES A CHARGE FOR ANY APPLIANCE AS PART OF A TENANT'S
MONTHLY RENT, SUCH AMOUNT MAY ONLY BE CHARGED UNTIL SUCH TIME AND IN
SUCH AMOUNT AS TO COVER THE COST OF SUCH APPLIANCE, INCLUDING ANY DOCU-
MENTED INTEREST. WHEN THE TOTAL AMOUNT OF THE APPLIANCE, PLUS ANY INTER-
EST AMOUNT INCURRED BY THE LANDLORD FOR THE PURCHASE OF SUCH APPLIANCE,
HAS BEEN PAID BY THE TENANT, THE LANDLORD SHALL DECREASE THE TENANT'S
RENT BY SUCH ADDITIONAL CHARGE. A LANDLORD SHALL MAINTAIN RECORDS DOCU-
MENTING ANY AMOUNTS PAID, INCLUDING INTEREST, FOR AN APPLIANCE.
S 2. Section 6 of section 4 of chapter 576 of the laws of 1974,
constituting the emergency tenant protection act of nineteen seventy-
four is amended by adding a new subdivision h to read as follows:
H. NOTWITHSTANDING ANY PROVISION OF THIS ACT TO THE CONTRARY, WHERE A
LANDLORD INCLUDES A CHARGE FOR ANY APPLIANCE AS PART OF A TENANT'S
MONTHLY RENT, SUCH AMOUNT MAY ONLY BE CHARGED UNTIL SUCH TIME AND IN
SUCH AMOUNT AS TO COVER THE COST OF SUCH APPLIANCE, INCLUDING ANY DOCU-
MENTED INTEREST. WHEN THE TOTAL AMOUNT OF THE APPLIANCE, PLUS ANY INTER-
EST AMOUNT INCURRED BY THE LANDLORD FOR THE PURCHASE OF SUCH APPLIANCE,
HAS BEEN PAID BY THE TENANT, THE LANDLORD SHALL DECREASE THE TENANT'S
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04198-01-3
S. 1305 2
RENT BY SUCH ADDITIONAL CHARGE. A LANDLORD SHALL MAINTAIN RECORDS DOCU-
MENTING ANY AMOUNTS PAID, INCLUDING INTEREST, FOR AN APPLIANCE.
S 3. This act shall take effect immediately provided section 26-513.1
of the rent stabilization law of nineteen hundred sixty-nine as added 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; provided further that the amendments
to section 4 of the emergency tenant protection act of nineteen seven-
ty-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, as amended.