senate Bill S1793

2013-2014 Legislative Session

Prohibits increase in maximum rents unless essential tenant services are maintained

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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

S1793 - Bill Details

Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Private Housing Finance Law
Laws Affected:
Amd ยง31, Priv Hous Fin L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2106, S6388
2009-2010: S1692

S1793 - Bill Texts

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Prohibits any increase in the average monthly rental of a property by a limited-profit housing company unless the appropriate local housing agency certifies that there exists no recorded violations against such property or that all recorded violations have been cleared, corrected or abated, and that such company is maintaining all essential services required to be furnished.

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BILL NUMBER:S1793

TITLE OF BILL: An act to amend the private housing finance law, in
relation to prohibiting increases in maximum rents for dwellings
unless all essential services are maintained and requiring
certification of other conditions

PURPOSE/SUMMARY OF PROVISIONS: This bill would add subdivision 1-a to
Section 31 of the Private Housing Finance Law to prohibit rent
increases on Mitchell-Lama housing unless all essential services axe
maintained and the appropriate department certifies that there are no
recorded violations or that all violations have been cleared,
corrected, or abated against the property in question.

JUSTIFICATION: The high cost of living in the past few years has
forced housing companies to raise rents. Often times this occurs even
though essential services are not maintained. This bill, by
prohibiting rent increases unless these services are maintained and
unless there is certification that there are no outstanding violations
recorded against the property in question, would protect those who are
at the mercy of these housing companies.

EXISTING LAW: None.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  1793

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sen. ESPAILLAT -- 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 private housing finance law, in relation to  prohib-
  iting  increases  in  maximum rents for dwellings unless all essential
  services are maintained and requiring certification  of  other  condi-
  tions

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

  Section 1.  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 NO APPLICA-
TION FOR AN INCREASE IN THE AVERAGE MONTHLY RENTAL MAY BE  FILED  UNLESS
(A)  A CERTIFICATE OF THE APPROPRIATE DEPARTMENT OR AGENCY HAVING JURIS-
DICTION THEREOF IS ANNEXED TO SUCH APPLICATION STATING EITHER THAT THERE
ARE NO RECORDED VIOLATIONS AGAINST SUCH PROPERTY OR THAT ALL  VIOLATIONS
THEREIN  RECORDED  AGAINST SUCH PROPERTY HAVE BEEN CLEARED, CORRECTED OR
ABATED, OR A PORTION OF THE INCREASE IS  SPECIFICALLY  SET  ASIDE  IN  A
TRUST  FUND  TO  CORRECT  ALL  VIOLATIONS;  AND (B) THE COMPANY OR OTHER
APPLICANT CERTIFIES IT IS MAINTAINING ALL ESSENTIAL SERVICES REQUIRED TO
BE FURNISHED AND WILL CONTINUE TO MAINTAIN SUCH SERVICES.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05328-01-3

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