senate Bill S1733A

2013-2014 Legislative Session

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

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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
Jun 19, 2014 print number 1733a
amend and recommit to housing, construction and community development
Jan 08, 2014 referred to housing, construction and community development
Jan 09, 2013 referred to housing, construction and community development

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S1733 - Bill Details

See Assembly Version of this Bill:
A555A
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
New York City Administrative Code
Laws Affected:
Add §26-416, NYC Ad Cd
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3260, S3876, A1338
2009-2010: A547, A1127
2013-2014: S1733

S1733 - Bill Texts

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Prohibits the imposition of any surcharge for the installation or use of a tenant-installed appliance where the tenant pays for electric utility service.

view sponsor memo
BILL NUMBER:S1733

TITLE OF BILL:
An act
to amend the administrative code of the city of New York, in relation to
surcharges for the installation or use of certain appliances in housing
accommodations subject to rent control

PURPOSE OR GENERAL IDEA OF BILL:
This bill will prohibit the imposition of any surcharge for the
installation or use of a tenant-installed appliance.

SUMMARY OF SPECIFIC PROVISIONS:
This bill amends section (1) of the administrative code of the city of
New York by adding a new section (26-416) that prohibits the
imposition of any surcharge fox the installation ox use of a
tenant-installed appliance.

JUSTIFICATION:
On March 24, 2005 the NYS Division of Housing and Community Renewal
issued Operational Bulletin 2005-1 which states that in both rent
controlled and rent stabilized apartments, when a tenant requests
permission to install a washer, dryer, or dishwasher, the owner can
collect a surcharge for- each appliance. This action was purportedly
taken in order to account for the increased wear on plumbing and the
increased utility costs paid by landlords, but these costs are
already taken into account when calculating rent. Because these costs
are already accounted for in the rent itself, and this action has the
likely effect of increasing disputes between landlords and tenants,
this bill is necessary to prohibit appliance surcharges.

PRIOR LEGISLATIVE HISTORY:
2009-10: A.1127 - Advanced to 3rd Reading Cal. No 734
2007-08: A.3643 - Referred to Housing
2005-06: A.8264 - Referred to Housing

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:
This act shall take effect immediately; provided that section 26-416
of the city rent and rehabilitation law as added by section one of
this act shall remain in full force and effect only as long as the
public emergency requiring the regulation and control of residential
rents and evictions continues, as provided in subdivision 3 of
section 1 of the local emergency housing rent control act.

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

                                  1733

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  ESPAILLAT,  KRUEGER, MONTGOMERY -- 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, in
  relation to surcharges for the installation or use of  certain  appli-
  ances in housing accommodations subject to rent control

  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 26-416 to read as follows:
  S 26-416 SURCHARGES FOR TENANT-INSTALLED APPLIANCES. THE IMPOSITION OF
ANY  SURCHARGE  FOR THE INSTALLATION OR USE OF A TENANT-INSTALLED APPLI-
ANCE IS PROHIBITED.
  S 2. This act shall take effect  immediately;  provided  that  section
26-416  of  the city rent and rehabilitation law as added by section one
of this act shall remain in full force and effect only as  long  as  the
public  emergency  requiring  the  regulation and control of residential
rents and evictions continues, as provided in subdivision 3 of section 1
of the local emergency housing rent control act.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01187-01-3

Co-Sponsors

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S1733A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A555A
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
New York City Administrative Code
Laws Affected:
Add §26-416, NYC Ad Cd
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3260, S3876, A1338
2009-2010: A547, A1127
2013-2014: S1733

S1733A (ACTIVE) - Bill Texts

view summary

Prohibits the imposition of any surcharge for the installation or use of a tenant-installed appliance where the tenant pays for electric utility service.

view sponsor memo
BILL NUMBER:S1733A

TITLE OF BILL: An act to amend the administrative code of the city of
New York, in relation to surcharges for the installation or use of
certain appliances in housing accommodations subject to rent control

PURPOSE OR GENERAL IDEA OF BILL:

This bill will prohibit the imposition of any surcharge for the
installation or use of a tenant-installed appliance.

SUMMARY OF SPECIFIC PROVISIONS:

This bill amends section (1) of the administrative code of the city of
New York by adding a new section (26-416) that prohibits the
imposition of any surcharge for the installation or use of a
tenant-installed appliance where the tenant pays for electric utility
service.

JUSTIFICATION:

On March 24, 2005 the NYS Division of Housing and Community Renewal
issued Operational Bulletin 2005-1 which states that in both rent
controlled and rent stabilized apartments, when a tenant requests
permission to install a washer, dryer, or dishwasher, the owner can
collect a surcharge for each appliance. This action was purportedly
taken in order to account for the increased wear on plumbing and the
increased utility costs paid by landlords, but these costs are already
taken into account when calculating rent Because these costs are
already accounted for in the rent itself, and this action has the
likely effect of increasing disputes between landlords and tenants,
this bill is necessary to prohibit appliance surcharges.

PRIOR LEGISLATIVE HISTORY:

2011-12 - A.1338 Referred to Housing/S.3268 - Referred to Housing,
Construction and Community Development
2009-10- A.1127- Advanced to 3rd reading cal. No. 734
2007-08- A.3843- Referred to Housing
2005-06- A.8264- Referred to Housing

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:

This act shall take effect immediately; provided that section 26-416
of the city rent and rehabilitation law as added by section one of
this act shall remain in full force and effect only as long as the
public emergency requiring the regulation and control of residential
rents and evictions continues, as provided in subdivision 2 of section
1 of the local emergency housing rent control act.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1733--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. ESPAILLAT, DIAZ, HOYLMAN, KRUEGER, MONTGOMERY, PARK-
  ER,  PERKINS,  SERRANO  --  read  twice  and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community  Development  --  recommitted  to  the Committee on Housing,
  Construction and Community Development in accordance with Senate  Rule
  6,  sec. 8 -- 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,  in
  relation  to  surcharges for the installation or use of certain appli-
  ances in housing accommodations subject to rent control

  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 26-416 to read as follows:
  S 26-416 SURCHARGES FOR TENANT-INSTALLED APPLIANCES. THE IMPOSITION OF
ANY SURCHARGE FOR THE INSTALLATION OR USE OF A  TENANT-INSTALLED  APPLI-
ANCE IS PROHIBITED WHERE THE TENANT PAYS FOR ELECTRIC UTILITY SERVICE.
  S  2.  This  act  shall take effect immediately; provided that section
26-416 of the city rent and rehabilitation law as added by  section  one
of  this  act  shall remain in full force and effect only as long as the
public emergency requiring the regulation  and  control  of  residential
rents and evictions continues, as provided in subdivision 3 of section 1
of the local emergency housing rent control act.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01187-03-4

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