NY State Senate Bill 2015-S3588A

Senate Bill S3588A

2015-2016 Legislative Session

Caps the amount of collectible rent increases due to major capital improvements at six percent of the legal regulated rent

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 19, 2016	print number 3588a
May 19, 2016	amend (t) and recommit to housing, construction and community development
Jan 06, 2016	referred to housing, construction and community development
Feb 12, 2015	referred to housing, construction and community development

Bill Amendments

Original

A (Active)

2015-S3588 - Details

See Assembly Version of this Bill:: A1880
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Emergency Tenant Protection Act of 1974
Laws Affected:: Amd §6, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7674, A9785
2017-2018: S4568, A2239
2019-2020: S2203
2021-2022: S3365
2023-2024: S1235

2015-S3588 - Summary

Caps the amount of collectible rent increases due to major capital improvements at six percent of the legal regulated rent.

2015-S3588 - Sponsor Memo

2015-S3588 - Bill Text download pdf

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

                                  3588

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 12, 2015
                               ___________

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 chapter 576 of the laws of 1974 constituting  the  emer-
  gency  tenant  protection  act,  in  relation to capping the amount of
  collectible rent increases due to major capital  improvements  at  six
  percent of the legal regulated rent

  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. 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; PROVIDED THAT THE
COLLECTIBLE INCREASE IN RENT ATTRIBUTABLE TO AN  ADJUSTMENT  UNDER  THIS
PARAGRAPH  SHALL  NOT  EXCEED  SIX  PERCENT  OF THE LEGAL REGULATED RENT
REGISTERED PURSUANT TO SECTION TWELVE-A OF THIS ACT, or
  S 2. This act shall take effect immediately; provided,  however,  that
the  amendment  to  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,
as amended.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00299-01-5

2015-S3588A (ACTIVE) - Details

See Assembly Version of this Bill:: A1880
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Emergency Tenant Protection Act of 1974
Laws Affected:: Amd §6, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7674, A9785
2017-2018: S4568, A2239
2019-2020: S2203
2021-2022: S3365
2023-2024: S1235

2015-S3588A (ACTIVE) - Summary

Caps the amount of collectible rent increases due to major capital improvements at six percent of the legal regulated rent.

2015-S3588A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3588A

 TITLE OF BILL :

An act to amend the emergency tenant protection act of nineteen
seventy-four, in relation to capping the amount of collectible rent
increases due to major capital improvements at six percent of the
legal regulated rent

 PURPOSE OR GENERAL IDEA OF BILL :

This bill prohibits the temporary retroactive rent increase or
surcharge prior to the approval of the MCI application for rent
stabilized apartments. Under current law, landlords are entitled to
collect a retroactive surcharge, which is the amount owed between the
effective date and the collectable date of the DHCR order granting the
MCI. If the application is approved, in addition to the increase
becoming a part of the tenants' base rent, the landlord is entitled to
collect the increase retroactively, between the "effective date" and
"collectable date," in the form of a temporary surcharge. The rent
increase (the surcharge and the base rent increase) cannot be
collected from the tenants until the application is approved, so the
surcharge is collected temporarily in addition to the increased base
rent after the collectable date. This bill would bring rent stabilized
apartments in line with rent controlled apartments, eliminating the
retroactive temporary surcharge and allowing landlords to begin

collecting the increased base rent upon the collectable date or the
date the application is approved.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends section 6 of section 4 of chapter 576 of the laws of
1974 by adding a new subdivision prohibiting any adjustment in the
legal regulated rent based upon a major capital improvement until the
date of approval of the application.

Section 2 amends the administrative code of the city of New York by
adding a new subdivision prohibiting any adjustment in the legal
regulated rent based upon a major capital improvement until the date
of approval of the application.

Section 3 amends paragraph (a) of subdivision 4 of section 4 of
chapter 274 of the laws of 1946 by prohibiting any adjustment in the
legal regulated rent based upon a major capital improvement until the
date of approval of the application.

2015-S3588A (ACTIVE) - Bill Text download pdf

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

                                 3588--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 12, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed  to be committed to the Committee on Housing, Construction and
  Community Development -- recommitted  to  the  Committee  on  Housing,
  Construction  and Community Development in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

AN  ACT  to amend the emergency tenant protection act of nineteen seven-
  ty-four, in  relation  to  capping  the  amount  of  collectible  rent
  increases  due  to  major  capital  improvements at six percent of the
  legal regulated rent

  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 section 30 of
part A of chapter 20 of the laws of 2015, 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. An adjustment under this  paragraph  shall
be  in  an  amount  sufficient  to amortize the cost of the improvements
pursuant to this paragraph over an eight-year period for a building with
thirty-five or fewer housing accommodations, or a nine-year period for a
building with more than  thirty-five  housing  accommodations,  for  any
determination  issued  by  the division of housing and community renewal
after the effective date of the rent act  of  2015;  PROVIDED  THAT  THE
COLLECTION  OF  ANY INCREASE IN THE LEGAL REGULATED RENT FOR ANY HOUSING
ACCOMMODATION PURSUANT TO THIS PARAGRAPH SHALL NOT EXCEED SIX PERCENT IN
ANY YEAR FROM THE EFFECTIVE DATE OF THE ORDER GRANTING THE INCREASE OVER
THE LEGAL REGULATED RENT REGISTERED PURSUANT TO SECTION TWELVE-A OF THIS
ACT, WITH COLLECTIBILITY OF ANY DOLLAR  EXCESS  ABOVE  SAID  SUM  TO  BE
SPREAD  FORWARD  IN  SIMILAR INCREMENTS AND ADDED TO THE LEGAL REGULATED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00299-08-6

S. 3588--A                          2

RENT AS ESTABLISHED OR SET IN FUTURE YEARS. IN NO EVENT SHALL MORE  THAN
ONE  SIX  PERCENT  INCREASE IN THE LEGAL REGULATED RENT PURSUANT TO THIS
PARAGRAPH BE COLLECTED IN THE SAME YEAR, or
  S  2.  This act shall take effect immediately; provided, however, that
the amendment to 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,
as amended.

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