senate Bill S1305

2013-2014 Legislative Session

Relates to charges for the installation or use of certain appliances in housing accommodations subject to rent control and rent stabilization

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to housing, construction and community development
Jan 09, 2013 referred to housing, construction and community development

S1305 - Bill Details

Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Add §26-513.1, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3088
2009-2010: S6619

S1305 - Bill Texts

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Relates to charges for the installation or use of certain appliances in housing accommodations subject to rent control and rent stabilization; requires landlords to remove extra charges for appliances after the full cost has been recouped through rent payments.

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BILL NUMBER:S1305

TITLE OF BILL:
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 housing
accommodations subject to rent control and rent stabilization

PURPOSE OR GENERAL IDEA OF BILL:
To amend the administrative code of the city of New York and the
emergency tenant protection act of 1974 so that in rent stabilized
and controlled properties, charges for new appliance are capped once
the owner recoups the reimbursement, interest and installation charges.

SUMMARY OF SPECIFIC PROVISIONS:
The administrative code of the city of New York is amended by adding a
new section 26-513.1. Once a landlord recoups capital costs,
including installation and interest for new appliances, those charges
will be removed from leases in rent-controlled and rent-stabilized
buildings. Landlords must keep all records of payment.

JUSTIFICATION:
Once a tenant covers the costs of a new appliance including
installation and interest, that tenant should not be charged
additional funds. This amount should then be deducted from the
monthly rental fee. New appliance costs end up as a rent hike once
the total costs are recovered by a landlord. Any payments that exceed
the cost of the appliance, installation and any interest are simply a
rent hike.

PRIOR LEGISLATIVE HISTORY:
This bill was previously introduced.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
Immediately, provided that 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 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 as amended.

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                    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.

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