S T A T E O F N E W Y O R K
________________________________________________________________________
150
2017-2018 Regular Sessions
I N S E N A T E
(PREFILED)
January 4, 2017
___________
Introduced by Sens. SQUADRON, HAMILTON, HOYLMAN -- read twice and
ordered printed, and when printed to be committed to the Committee on
Housing, Construction and Community Development
AN ACT to amend the private housing finance law, in relation to defining
"essential services" and conditioning approval of increase of maximum
rentals upon maintenance of all essential services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 12 of the private housing finance law is amended by
adding a new subdivision 17 to read as follows:
17. "ESSENTIAL SERVICES". THOSE ESSENTIAL SERVICES WHICH THE COMPANY
FURNISHED OR WHICH IT WAS OBLIGATED TO FURNISH ON THE DATE OF OCCUPANCY
AND WHICH WERE INCLUDED IN THE MAXIMUM RENT FOR THE DWELLING ACCOMMO-
DATIONS ON THAT DATE. THESE MAY INCLUDE, BUT ARE NOT LIMITED TO THE
FOLLOWING: REPAIRS AND MAINTENANCE, THE FURNISHING OF LIGHT, HEAT, HOT
AND COLD WATER, AND ELEVATOR SERVICE. THIS SUBDIVISION SHALL NOT APPLY
WITH RESPECT TO SERVICES WHICH SHALL HAVE BEEN REDUCED OR DISCONTINUED
PURSUANT TO THE EXPRESS CONSENT OF THE DIVISION.
§ 2. Section 31 of the private housing finance law is amended by
adding a new subdivision 1-a to read as follows:
1-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER AND EXCEPT AS
OTHERWISE PROVIDED IN THIS SUBDIVISION, THE COMMISSIONER OR SUPERVISING
AGENCY SHALL NOT APPROVE AN INCREASE IN THE PRESENT MAXIMUM AVERAGE
MONTHLY RENTAL UNLESS THE COMPANY OR OTHER APPLICANT IS FOUND TO BE
MAINTAINING ALL ESSENTIAL SERVICES FURNISHED OR REQUIRED TO BE FURNISHED
AS OF THE DATE OF THE ISSUANCE OF THE ORDER AUTHORIZING A RENT INCREASE
AND SUCH INCREASE SHALL BE CONDITIONED ON THE MAINTENANCE OF SUCH
SERVICES THEREAFTER. EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION,
NO RENT INCREASE SHALL BE APPROVED WHERE THE APPROPRIATE DEPARTMENT OR
AGENCY HAVING JURISDICTION CERTIFIES THE DWELLING ACCOMMODATION IS A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02369-01-7
S. 150 2
FIRE HAZARD OR IN A CONTINUED DANGEROUS CONDITION OR DETRIMENTAL TO LIFE
OR HEALTH OR IS OCCUPIED IN VIOLATION OF LAW. UPON A SHOWING BY THE
COMPANY OR OTHER APPLICANT THAT AN INCREASE IN MAXIMUM AVERAGE MONTHLY
RENTALS IS REQUIRED IN ORDER TO MAINTAIN ESSENTIAL SERVICES OR TO CURE
ANY HAZARDOUS OR DANGEROUS CONDITION THEN, IN SUCH EVENT, THE COMMIS-
SIONER OR SUPERVISING AGENCY MAY APPROVE AN INCREASE IN SUCH MAXIMUM
AVERAGE MONTHLY RENTALS PROVIDED THAT SUCH INCREASE SHALL BE CONTINGENT
UPON THE RESTORATION AND CONTINUANCE OF ESSENTIAL SERVICES AND THE
REMOVAL OF HAZARDOUS OR DANGEROUS CONDITIONS WITHIN A FIXED PERIOD OF
TIME WHICH SHALL BE AS SHORT AS REASONABLY PRACTICABLE UNDER THE CIRCUM-
STANCES.
§ 3. This act shall take effect immediately.