Assembly Bill A558A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  558--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL, DINOWITZ, M. G. MILLER, MOSLEY,
   COOK, HOOPER -- Multi-Sponsored by -- M. of A. GLICK, RIVERA  --  read
   once  and  referred  to the Committee on Housing -- recommitted to the
   Committee on Housing in accordance with Assembly Rule  3,  sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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:
   § 235-H. USE OF AMENITIES.  1. ANY RENTAL TENANT MUST BE PROVIDED WITH
 THE OPPORTUNITY TO USE AMENITIES COMMONLY ACCESSIBLE TO OTHER TENANTS OF
 THE  MULTIPLE  DWELLING AND 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 APPLY ONLY TO MULTIPLE  DWELLINGS  WITH
 SIX OR MORE UNITS.
   2.  AN  OWNER  MAY CHARGE A FEE TO RENTAL TENANTS FOR USE OF AMENITIES
 PROVIDED THAT SUCH FEE IS REASONABLE AND  NOT  STRUCTURED  IN  A  MANNER
 MEANT  TO  BE  PROHIBITIVE TO SUCH TENANTS WHICH MIGHT NORMALLY NOT HAVE
 ACCESS TO SUCH AMENITIES AS PART OF THEIR RENTAL  AGREEMENTS,  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01724-02-8
              

 A. 558--A                           2
 
   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
 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.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.