NY State Senate Bill S2367

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
In Committee
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- Passed Assembly
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view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to housing, construction and community development
Jan 13, 2017	referred to housing, construction and community development

Co-Sponsors

S2367 (ACTIVE) - Details

See Assembly Version of this Bill:: A1368
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Add §26-416, amd §26-512, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974; amd §4, Emerg Hous Rent Cont L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6110, A8290
2015-2016: S3565, A416
2019-2020: S3318, A2675
2021-2022: S2012, A992

S2367 (ACTIVE) - Summary

Relates to surcharges for the installation or use of air conditioner units in housing accommodations subject to rent control.

S2367 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S2367

 TITLE OF BILL :  An act to amend the administrative code of the city
of New York, the emergency tenant protection act of nineteen
seventy-four and the emergency housing rent control law, in relation
to prohibiting surcharges for the installation or use of air
conditioner units in housing accommodations subject to rent regulation

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would prohibit a landlord from imposing a surcharge on a
tenant for the use of a tenant-installed air conditioning unit if the
tenant pays for the electric utility service.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends the administrative code of the city of New York by
adding and new section 26-416 that would prohibit a landlord of any
housing accommodation subject to rent regulation laws from imposing a
surcharge for the use of a tenant-installed air conditioning unit,
provided that the tenant pays for the electrical utility service.

Section 2 amends section 4 of chapter 576 of the laws of 1974,
constituting the emergency tenant protection act of nineteen seventy
four, by adding a new subdivision that would prohibit a landlord of
any housing accommodation subject to rent regulation laws from

imposing a surcharge for the use of a tenant-installed air
conditioning unit, provided that the tenant pays for the electrical
utility service.

Section 3 amends section 26-512 of the administrative code of the city
of New York by adding a new subdivision that would prohibit a landlord
of any housing accommodation subject to sent regulation laws from
imposing a surcharge for the use of a tenant-installed air
conditioning unit, provided that the tenant pays for the electrical
utility service.

Section 4 amends subdivision 4 of section 4 of chapter 274 of the laws
of 1946, constituting the emergency housing rent control law, by
adding a new paragraph f that would prohibit a landlord of any housing
accommodation subject to rent regulation laws from imposing a
surcharge for the use of a tenant-installed air conditioning unit,
provided that the tenant pays for the electrical utility service.

Section 5 sets the effective date.

 JUSTIFICATION :

Nearly half of all New Yorkers live below or close to the poverty
line. Accordingly, it is critical that New York City has protections
in place to safeguard its residents' basic necessities, one of the
most important of which is housing. With an average rent of over
$1,000 in the City, programs that reduce the rent burden are
essential. One important example is New York City's system. of rent
stabilization, which provides a variety of tenant protections to over
2 million people.

Despite the high need for these tenant protections, many landlords are
increasing the cost of housing by imposing non-rent fees on rent
stabilized tenants. One major example, and the focus of-this bill, is
a surcharge for air conditioner units that tenants install in their
apartments. While this type of surcharge is sometimes allowed in
accordance with the operational bulletin 84-4 and Operational Bulletin
2005-01 issued by the NYS Division of Homes and Community Renewal,
many landlords do not follow the regulations set forth in the
Operational Bulletin for when the surcharges can be applied.  Also,
the purported rationale was to take into account the increased wear on
plumbing and electrical systems and the increased utility costs paid
by landlords. But these costs are already taken into account when
calculating rent increases each year.

Most of the time, landlords add these surcharges without meeting any
of the conditions set forth in Operational Bulletin, 2005-01. A recent
survey of rent stabilized tenants indicates that 68t were charged a
surcharge for their air conditioner or washing machine in the last
year.(1) These surcharges can add hundreds of dollars to a tenant's
rent, making rent controlled and rent stabilized apartments
unaffordable for low-income New Yorkers. Because these costs are
already accounted for in the rent itself and to end the landlords'
abuse of this system of appliance surcharges, this bill is necessary
to protect low-income tenants in New York City and ensure that they
are not being charged more than they legally owe for rent, This extra
cost raises rents and makes rent controlled and rent stabilized
apartments unaffordable for many New Yorkers.

 PRIOR LEGISLATIVE HISTORY :

2015-2016: Referred to housing, construction and community development

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
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 5 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 (1) "The Burden of Fees: How Affordable Housing is Made
Unaffordable."  Community Action for Safe Apartments and the Community
Development Project, September 2013. http//www.cdp-ny.org/reort/The
Burden of Fees FINAL.pdf

S2367 (ACTIVE) - Bill Text download pdf


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

                                  2367

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 13, 2017
                               ___________

Introduced by Sen. ALCANTARA -- 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 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:
  §  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.
  § 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.
  § 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.
                                                           LBD03494-01-7

S. 2367                             2

  §  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.
  §  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.

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The New York State Senate

senate Bill S2367

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Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

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Co-Sponsors

S2367 (ACTIVE) - Details

S2367 (ACTIVE) - Summary

S2367 (ACTIVE) - Sponsor Memo

S2367 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2367

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Sponsored By

Marisol Alcantara

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

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Co-Sponsors

Luis R. Sepúlveda

S2367 (ACTIVE) - Details

S2367 (ACTIVE) - Summary

S2367 (ACTIVE) - Sponsor Memo

S2367 (ACTIVE) - Bill Text download pdf

Comments