Senate Bill S500A

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

                                   500

                       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 emergency tenant protection act of  nineteen  seven-
  ty-four  and  the  administrative  code  of  the  city of New York, in
  relation to prohibiting landlords from increasing rent for major capi-
  tal improvements funded through state entities

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

  Section  1.  Paragraph 3 of subdivision d of section 6 of section 4 of
chapter 576 of the  laws  of  1974  constituting  the  emergency  tenant
protection  act  of  nineteen seventy-four, as amended by chapter 749 of
the laws of 1990, is amended to read as follows:
  (3) there has been since January first, nineteen hundred  seventy-four
a  major capital improvement required for the operation, preservation or
maintenance of the structure; PROVIDED THAT THE MAJOR  CAPITAL  IMPROVE-
MENT  WAS  NOT  FUNDED  IN ANY PART FROM MONEYS PROVIDED BY THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY.   An  adjustment  under
this  paragraph shall be in an amount sufficient to amortize the cost of
the improvements pursuant to this paragraph over a seven-year period, or
  S 2. Subparagraph (g) of paragraph  1  of  subdivision  g  of  section
26-405 of the administrative code of the city of New York, as amended by
chapter 749 of the laws of 1990, is amended to read as follows:
  (g) There has been since July first, nineteen hundred seventy, a major
capital  improvement required for the operation, preservation or mainte-
nance of the structure; PROVIDED THAT THE MAJOR CAPITAL IMPROVEMENT  WAS
NOT FUNDED IN ANY PART FROM MONEYS PROVIDED BY THE NEW YORK STATE ENERGY
RESEARCH  AND  DEVELOPMENT AUTHORITY.  An adjustment under this subpara-
graph [(g)] shall be in an amount sufficient to amortize the cost of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01930-01-3
              

S. 500                              2

improvements pursuant to this subparagraph [(g)] over a seven-year peri-
od; or
  S  3.  Subparagraph  (k)  of  paragraph  1 of subdivision g of section
26-405 of the administrative code of the city of New York, as amended by
chapter 749 of the laws of 1990, is amended to read as follows:
  (k) The landlord has incurred, since January first,  nineteen  hundred
seventy,  in connection with and in addition to a concurrent major capi-
tal improvement pursuant to subparagraph (g) of  this  paragraph,  other
expenditures  to  improve, restore or preserve the quality of the struc-
ture; PROVIDED THAT SUCH OTHER EXPENDITURES WERE NOT FUNDED IN ANY  PART
FROM  MONEYS PROVIDED BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY.  An adjustment under this subparagraph shall be  granted
only if such improvements represent an expenditure equal to at least ten
per  centum  of  the  total  operating  and maintenance expenses for the
preceding year. An adjustment under this subparagraph shall be in  addi-
tion to any adjustment granted for the concurrent major capital improve-
ment  and  shall  be in an amount sufficient to amortize the cost of the
improvements pursuant to this subparagraph over a seven-year period.
  S 4. This act shall take effect immediately; provided that:
  (a) the amendments to paragraph 3 of subdivision d  of  section  6  of
section  4  of  the emergency tenant protection act of nineteen seventy-
four made by section one 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; and
  (b) the amendments to section 26-405 of the city  rent  and  rehabili-
tation  law  made  by sections two and three 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.