S T A T E   O F   N E W   Y O R K
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                                   416

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. DINOWITZ, GOTTFRIED, ROSENTHAL, PICHARDO, CRESPO,
  COOK,  KAVANAGH,  SEPULVEDA,  BROOK-KRASNY, BENEDETTO, CLARK -- Multi-
  Sponsored by -- M. of A.   ARROYO, CAMARA, DenDEKKER,  MAYER  --  read
  once and referred to the Committee on Housing

AN  ACT  to  amend  the administrative code of the city of New York, the
  emergency tenant protection act of nineteen seventy-four and the emer-
  gency housing rent control law, in relation to prohibiting  surcharges
  for the installation or use of air conditioner units in housing accom-
  modations subject to rent regulation

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

  Section 1. The administrative code of the city of New York is  amended
by adding a new section 26-416 to read as follows:
  S  26-416  SURCHARGES  FOR  TENANT-INSTALLED  AIR  CONDITIONER  UNITS;
PROHIBITED. THE IMPOSITION OF ANY SURCHARGE FOR THE INSTALLATION AND USE
OF A TENANT-INSTALLED AIR  CONDITIONER  UNIT  IS  PROHIBITED  WHERE  THE
TENANT PAYS FOR ELECTRIC UTILITY SERVICE.
  S  2.  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 h to read as follows:
  H.  NO  OWNER  OF A HOUSING ACCOMMODATION SUBJECT TO THE PROVISIONS OF
THIS SECTION SHALL IMPOSE ANY SURCHARGE FOR THE INSTALLATION AND USE  OF
A  TENANT-INSTALLED AIR CONDITIONER UNIT WHERE THE TENANT PAYS FOR ELEC-
TRIC UTILITY SERVICE.
  S 3. Section 26-512 of the administrative code of the city of New York
is amended by adding a new subdivision g to read as follows:
  G.  NO OWNER OF A HOUSING ACCOMMODATION SUBJECT TO THE  PROVISIONS  OF
THIS  LAW  SHALL  IMPOSE ANY SURCHARGE FOR THE INSTALLATION AND USE OF A
TENANT-INSTALLED AIR CONDITIONER UNIT WHERE THE TENANT PAYS FOR ELECTRIC
UTILITY SERVICE.

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

                                                           LBD02279-02-5

A. 416                              2

  S 4. Subdivision 4 of section 4 of chapter 274 of the  laws  of  1946,
constituting  the  emergency  housing  rent  control  law, is amended by
adding a new paragraph (f) to read as follows:
  (F)  NO  OWNER OF A HOUSING ACCOMMODATION SUBJECT TO THE PROVISIONS OF
THIS LAW SHALL IMPOSE ANY SURCHARGE FOR THE INSTALLATION AND  USE  OF  A
TENANT-INSTALLED AIR CONDITIONER UNIT WHERE THE TENANT PAYS FOR ELECTRIC
UTILITY SERVICE.
  S  5.  This  act  shall  take  effect  immediately; provided that: (a)
section 26-416 of the city rent  and  rehabilitation  law  as  added  by
section  one  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;
  (b) the amendments to section 4 of chapter 576 of  the  laws  of  1974
constituting  the  emergency  tenant protection act of nineteen seventy-
four made by section two 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
  (c) the amendments to section 26-512 of chapter 4 of title 26  of  the
administrative  code  of  the city of New York, made by section three 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; and
  (d)  the amendments to section 4 of the emergency housing rent control
law made by section four of this act shall expire on the  same  date  as
such  law  expires  and  shall  not affect the expiration of such law as
provided in subdivision 2 of section 1 of chapter 274  of  the  laws  of
1946.