Assembly Bill A6814

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

                                  6814

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 6, 2015
                               ___________

Introduced by M. of A. CRESPO -- read once and referred to the Committee
  on Housing

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 energy-related 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.  NO  ENERGY-RELATED MAJOR CAPITAL IMPROVEMENT RENT INCREASE WILL BE
APPROVED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL  UNLESS  PRIOR
TO  PERFORMING  ENERGY-RELATED  MAJOR  CAPITAL  IMPROVEMENTS,  AN ENERGY
AUDIT, AS DEFINED IN SECTION 28-308.1 OF THIS CHAPTER, DEMONSTRATES THAT
SUCH IMPROVEMENTS TO THE BUILDING ARE NECESSARY  IN  ORDER  TO  OPTIMIZE
ENERGY  PERFORMANCE  OF  THE  BUILDING. FURTHER, NO ENERGY-RELATED MAJOR
CAPITAL IMPROVEMENT RENT INCREASE WILL BE APPROVED BY  THE  DIVISION  OF
HOUSING  AND COMMUNITY RENEWAL UNLESS THE LANDLORD HAS DEMONSTRATED THAT
HE OR SHE HAS EXHAUSTED ALL PUBLIC FUNDING  OPPORTUNITIES  IN  ORDER  TO
AVOID THE RATE INCREASE.
  S 2. Subdivision c of section 26-511 of the administrative code of the
city  of  New  York  is amended by adding a new paragraph 6-b to read as
follows:
  (6-B) PROVIDES CRITERIA WHEREBY THE COMMISSIONER MAY ACT UPON APPLICA-
TIONS BY OWNERS FOR INCREASES IN  EXCESS  OF  THE  LEVEL  OF  FAIR  RENT
INCREASE  ESTABLISHED UNDER THIS LAW PROVIDED, HOWEVER, THAT SUCH CRITE-
RIA SHALL PROVIDE THAT NO ENERGY-RELATED MAJOR CAPITAL IMPROVEMENT  RENT
INCREASE  WILL  BE  APPROVED  BY THE DIVISION UNLESS PRIOR TO PERFORMING
ENERGY-RELATED MAJOR CAPITAL IMPROVEMENTS, AN ENERGY AUDIT,  AS  DEFINED
IN SECTION 28-308.1 OF THIS CHAPTER, DEMONSTRATES THAT SUCH IMPROVEMENTS
TO THE BUILDING ARE NECESSARY IN ORDER TO OPTIMIZE ENERGY PERFORMANCE OF
THE BUILDING.  FURTHER, NO ENERGY-RELATED MAJOR CAPITAL IMPROVEMENT RENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08413-01-5
              

A. 6814                             2

INCREASE WILL BE APPROVED BY THE DIVISION UNLESS THE LANDLORD HAS DEMON-
STRATED THAT HE OR SHE HAS EXHAUSTED ALL PUBLIC FUNDING OPPORTUNITIES IN
ORDER TO AVOID THE RATE INCREASE.
  S  3.  Section  6  of  section  4  of chapter 576 of the laws of 1974,
constituting the emergency tenant protection act  of  nineteen  seventy-
four, is amended by adding a new subdivision d-1 to read as follows:
  D-1. NO ENERGY-RELATED MAJOR CAPITAL IMPROVEMENT RENT INCREASE WILL BE
APPROVED  BY  THE DIVISION OF HOUSING AND COMMUNITY RENEWAL UNLESS PRIOR
TO PERFORMING  ENERGY-RELATED  MAJOR  CAPITAL  IMPROVEMENTS,  AN  ENERGY
AUDIT, AS DEFINED IN SECTION 28-308.1 OF THIS CHAPTER, DEMONSTRATES THAT
SUCH  IMPROVEMENTS  TO  THE  BUILDING ARE NECESSARY IN ORDER TO OPTIMIZE
ENERGY PERFORMANCE OF THE BUILDING.  FURTHER,  NO  ENERGY-RELATED  MAJOR
CAPITAL  IMPROVEMENT  RENT  INCREASE WILL BE APPROVED BY THE DIVISION OF
HOUSING AND COMMUNITY RENEWAL UNLESS THE LANDLORD HAS DEMONSTRATED  THAT
HE  OR  SHE  HAS  EXHAUSTED ALL PUBLIC FUNDING OPPORTUNITIES IN ORDER TO
AVOID THE RATE INCREASE.
  S 4. This act shall take effect immediately, provided that:
  (a) The amendment to section 26-405 of the  city  rent  and  rehabili-
tation  law  made  by section one of this act shall remain in full force
and effect only so 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;
  (b)  The  amendment to section 26-511 of the rent stabilization law of
nineteen hundred sixty-nine made by section two of this act shall expire
on the same date as such law expires and shall not affect the expiration
of such law as provided under section 26-520 of such law, as  from  time
to time amended; and
  (c)  The amendment to section 6 of the emergency tenant protection act
of nineteen seventy-four made by section three 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, as from time to time amended.