Senate Bill S3173A

2013-2014 Legislative Session

Sets criteria for approval of rent increases resulting from major capital improvements in certain dwellings

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Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2013-S3173 - Details

See Assembly Version of this Bill:
A2061
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
New York City Administrative Code
Laws Affected:
Amd §§26-405 & 26-511, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:
2009-2010: S5220, A6814
2011-2012: S436, A6132
2015-2016: S2855
2017-2018: S3713

2013-S3173 - Summary

Establishes criteria for approval of rent increases to rent regulated property resulting from major capital improvements to insure that the work performed is an enhancement or upgrade to a housing accommodation or service therein and is not merely repair or replacement to existing services; prohibits approval of a major capital improvement rent increase where any outstanding hazardous violations exist.

2013-S3173 - Sponsor Memo

2013-S3173 - Bill Text download pdf

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

                                  3173

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by Sens. KRUEGER, PERALTA -- 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 approval of major capital improvement rent increases

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

  Section 1. Section 26-405 of the administrative code of  the  city  of
New York is amended by adding a new subdivision n to read as follows:
  N.  (1) NO MAJOR CAPITAL IMPROVEMENT RENT INCREASE WILL BE APPROVED BY
THE DIVISION OF HOUSING AND COMMUNITY RENEWAL UNLESS THE WORK  PERFORMED
IS AN ENHANCEMENT OR UPGRADE TO A HOUSING ACCOMMODATION OR SERVICE THER-
EIN;  OR  IS  AN  ADDITION  TO  SUCH HOUSING ACCOMMODATION AND OTHERWISE
ELIGIBLE ACCORDING TO THE PREREQUISITES FOR  MAJOR  CAPITAL  IMPROVEMENT
RENT  INCREASES.    ANY  REPAIR  OR  REPLACEMENT INTENDED TO MAINTAIN AN
EXISTING SERVICE SHALL NOT BE ELIGIBLE FOR A MAJOR  CAPITAL  IMPROVEMENT
RENT INCREASE.
  (2)  NO  APPLICATION FOR A MAJOR CAPITAL IMPROVEMENT RENT INCREASE MAY
BE APPROVED IF THERE EXIST ANY OUTSTANDING HAZARDOUS VIOLATIONS  AT  THE
TIME OF THE CONSIDERATION OF SUCH APPLICATION, AS DETERMINED PURSUANT TO
REGULATIONS  OF  THE  DIVISION  OF  HOUSING AND COMMUNITY RENEWAL OR ANY
AGENCY ADMINISTERING AND ENFORCING A BUILDING CODE IN  THE  JURISDICTION
IN  WHICH  THE PROPERTY IS LOCATED, UNLESS IT IS DETERMINED BY THE DIVI-
SION OF HOUSING AND COMMUNITY RENEWAL THAT SUCH WORK IS ESSENTIAL TO THE
ALLEVIATION OF THE VIOLATIONS AND SUCH APPROVAL IS CONSISTENT  WITH  THE
PROVISIONS  OF  THIS  SECTION.  EXCEPT  IN THE CASE OF EMERGENCY OR GOOD
CAUSE, THE OWNER OF THE PROPERTY SHALL FILE, NOT LESS THAN  THIRTY  DAYS
BEFORE THE COMMENCEMENT OF THE IMPROVEMENT, WITH THE DIVISION OF HOUSING
AND  COMMUNITY  RENEWAL A STATEMENT CONTAINING INFORMATION OUTLINING THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00872-01-3

              

co-Sponsors

2013-S3173A (ACTIVE) - Details

See Assembly Version of this Bill:
A2061
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
New York City Administrative Code
Laws Affected:
Amd §§26-405 & 26-511, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:
2009-2010: S5220, A6814
2011-2012: S436, A6132
2015-2016: S2855
2017-2018: S3713

2013-S3173A (ACTIVE) - Summary

Establishes criteria for approval of rent increases to rent regulated property resulting from major capital improvements to insure that the work performed is an enhancement or upgrade to a housing accommodation or service therein and is not merely repair or replacement to existing services; prohibits approval of a major capital improvement rent increase where any outstanding hazardous violations exist.

2013-S3173A (ACTIVE) - Sponsor Memo

2013-S3173A (ACTIVE) - Bill Text download pdf

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

                                 3173--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by Sens. KRUEGER, HASSELL-THOMPSON, HOYLMAN, PERALTA -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Housing,  Construction  and  Community  Development  --
  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 and the
  emergency tenant protection act of nineteen seventy-four, in  relation
  to approval of major capital improvement rent increases

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

  Section 1. Section 26-405 of the administrative code of  the  city  of
New York is amended by adding a new subdivision n to read as follows:
  N.  (1) NO MAJOR CAPITAL IMPROVEMENT RENT INCREASE WILL BE APPROVED BY
THE DIVISION OF HOUSING AND COMMUNITY RENEWAL UNLESS THE WORK  PERFORMED
IS AN ENHANCEMENT OR UPGRADE TO A HOUSING ACCOMMODATION OR SERVICE THER-
EIN;  OR  IS  AN  ADDITION  TO  SUCH HOUSING ACCOMMODATION AND OTHERWISE
ELIGIBLE ACCORDING TO THE PREREQUISITES FOR  MAJOR  CAPITAL  IMPROVEMENT
RENT  INCREASES.    ANY  REPAIR  OR  REPLACEMENT INTENDED TO MAINTAIN AN
EXISTING SERVICE SHALL NOT BE ELIGIBLE FOR A MAJOR  CAPITAL  IMPROVEMENT
RENT INCREASE.
  (2)  NO  APPLICATION FOR A MAJOR CAPITAL IMPROVEMENT RENT INCREASE MAY
BE APPROVED IF THERE EXIST ANY OUTSTANDING HAZARDOUS VIOLATIONS  AT  THE
TIME OF THE CONSIDERATION OF SUCH APPLICATION, AS DETERMINED PURSUANT TO
REGULATIONS  OF  THE  DIVISION  OF  HOUSING AND COMMUNITY RENEWAL OR ANY
AGENCY ADMINISTERING AND ENFORCING A BUILDING CODE IN  THE  JURISDICTION
IN  WHICH  THE PROPERTY IS LOCATED, UNLESS IT IS DETERMINED BY THE DIVI-
SION OF HOUSING AND COMMUNITY RENEWAL THAT SUCH WORK IS ESSENTIAL TO THE
ALLEVIATION OF THE VIOLATIONS AND SUCH APPROVAL IS CONSISTENT  WITH  THE
PROVISIONS  OF  THIS  SECTION.  EXCEPT  IN THE CASE OF EMERGENCY OR GOOD
CAUSE, THE OWNER OF THE PROPERTY SHALL FILE, NOT LESS THAN  THIRTY  DAYS
BEFORE THE COMMENCEMENT OF THE IMPROVEMENT, WITH THE DIVISION OF HOUSING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00872-03-3
              

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