S T A T E   O F   N E W   Y O R K
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                                  1278

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2015
                               ___________

Introduced  by M. of A. ROSENTHAL, MILLER, MOSLEY, DINOWITZ, COOK, SCAR-
  BOROUGH, ROBINSON, WRIGHT, HOOPER -- Multi-Sponsored by --  M.  of  A.
  CAMARA,  GLICK,  RIVERA  -- read once and referred to the Committee on
  Housing

AN ACT to amend the real property law, in relation  to  non-preferential
  opportunity for use of amenities in certain buildings and apartments

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

  Section 1. The real property law is amended by adding  a  new  section
235-h to read as follows:
  S  235-H.  NON-PREFERENTIAL  OPPORTUNITY FOR USE OF AMENITIES.  1. ANY
RENTAL TENANT MUST BE PROVIDED WITH THE  OPPORTUNITY  TO  USE  AMENITIES
THAT  ARE  ACCESSIBLE TO ANY OCCUPANT AND/OR NOT UNIQUE TO AN INDIVIDUAL
UNIT, INCLUDING, BUT NOT LIMITED TO:  POOLS,  FITNESS  CENTERS,  STORAGE
SPACES, PARKING, AND ROOFS OR GARDENS ACCESSIBLE TO BUILDING TENANTS, IN
BUILDINGS  OR  COMPLEXES  WHERE SUCH AMENITIES EXIST, PROVIDED, HOWEVER,
THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ONE- OR TWO-FAMI-
LY DWELLINGS.
  2. AN OWNER MAY CHARGE A FEE TO RENTAL TENANTS FOR  USE  OF  AMENITIES
PROVIDED  THAT  SUCH  FEE  IS NOT PROHIBITIVE TO SUCH TENANTS, PROVIDED,
HOWEVER, THAT SUCH FEE SHALL NOT BECOME PART OF  THE  RENT.  NOTHING  IN
THIS SECTION SHALL PROHIBIT ANY OWNER FROM PROMULGATING UNIFORMLY APPLI-
CABLE  RULES  ON THE USE OF AMENITIES THROUGH SYSTEMS, INCLUDING BUT NOT
LIMITED TO: SIGN-UP  SHEETS,  WAITING  LISTS,  OR  LOTTERIES,  PROVIDED,
HOWEVER  THAT  NO  TENANT  SHALL BE REQUIRED TO USE OR PAY A FEE FOR ANY
AMENITY AS A CONDITION OF THE RENTAL OF THEIR RESIDENTIAL UNIT.
  3. IN CASES WHERE THE USE OF AMENITIES BY  ALL  OCCUPANTS  IS  DENIED,
SUCH  DENIAL  SHALL  NOT  PROVIDE  THE  BASIS FOR A RENT REDUCTION ORDER
PURSUANT TO SECTION 26-405 OR 26-509 OF THE ADMINISTRATIVE CODE  OF  THE
CITY  OF NEW YORK, UNLESS USE OF THE AMENITIES WAS HISTORICALLY PROVIDED
OR IS A REQUIRED SERVICE. AN OWNER MAY CHANGE OR COMPLETELY  REMOVE  ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04297-01-5
              

A. 1278                             2

AMENITY  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS  SECTION WITHOUT BEING
SUBJECT TO A CLAIM OF DIMINUTION OF SERVICES.
  4.  AN  OWNER  OF  A BUILDING OR COMPLEX THAT IS FOUND IN VIOLATION OF
SUBDIVISION ONE OF THIS SECTION IS PUNISHABLE BY A FINE  NOT  TO  EXCEED
TWO  THOUSAND  DOLLARS.  PRIOR  TO  THE APPLICATION OF ANY PENALTIES SET
FORTH IN THIS SECTION, AN OWNER FOUND TO BE IN VIOLATION OF THIS SECTION
SHALL BE GIVEN THIRTY DAYS FROM THE DATE OF RECEIVING  SUCH  FINDING  TO
CURE THE VIOLATING CONDITION OR CONDITIONS.
  5.  THE COMMISSIONER OF HOUSING PRESERVATION AND DEVELOPMENT IN CITIES
HAVING A POPULATION OF ONE MILLION OR MORE OR THE COMMISSIONER OF  HOMES
AND  COMMUNITY RENEWAL ARE HEREBY DIRECTED TO PROMULGATE RULES AND REGU-
LATIONS TO EFFECTUATE THE PROVISIONS OF THIS SECTION, INCLUDING BUT  NOT
LIMITED TO:
  (A) ENFORCEMENT MECHANISM OF PROVISIONS IN THIS SECTION;
  (B)  CREATING  A  SYSTEM  OF  RECEIVING  AND  INVESTIGATING COMPLAINTS
REGARDING VIOLATIONS OF THIS SECTION, INCLUDING A SYSTEM ON HOW AN OWNER
CAN CURE SUCH VIOLATIONS; AND
  (C) SYSTEM OF NOTIFICATION FOR AN OWNER TO BE AWARE OF  A  FINDING  OF
VIOLATIONS AND WHAT WILL BE THE ENFORCEMENT MECHANISMS.
  6.  ANY PENALTY ASSESSED FOR THE VIOLATION OF ANY OF THE PROVISIONS OF
THIS SECTION SHALL BE PAYABLE TO THE COMMISSIONER OF  HOUSING  PRESERVA-
TION  AND DEVELOPMENT IF THE VIOLATION OCCURRED IN A CITY HAVING A POPU-
LATION OF ONE MILLION OR MORE, OR THE COMMISSIONER OF HOMES AND COMMUNI-
TY RENEWAL IF IT DID NOT.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.