NY State Senate Bill 2017-S3448

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to housing, construction and community development
Jan 23, 2017	referred to housing, construction and community development

co-Sponsors

2017-S3448 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Multiple Dwelling Law
Laws Affected:: Add §302-d, Mult Dwell L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6351
2011-2012: S2757
2013-2014: S919
2015-2016: S1160
2019-2020: S2064
2021-2022: S1366
2023-2024: S801

2017-S3448 (ACTIVE) - Summary

Requires rent reduction in cases of submetered utility service; directs the division of housing and community renewal to develop a standard reduction and an appeals process.

2017-S3448 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3448

 TITLE OF BILL :

An act to amend the multiple dwelling law, in relation to rent
reduction in cases of submetered utility service

 PURPOSE :

The bill would require a rent reduction equal to the amount of the
additional charge for the utilities for tenants in buildings which
convert to submetering of utilities.

 SUMMARY OF PROVISIONS :

The bill proposes adding a section 302-d to the multiple dwelling law
which would, in apartment buildings which convert to submetering,
require a rent reduction equal to the additional utility cost, and
compel the Department of Housing and Community Renewal to promulgate
an appeals process by which tenants can challenge the amount of the
reduction and have it adjusted. Also, within ninety days of the
enactment of this legislation, the DHCR must review the rent
reductions which have already been made in submetered buildings in
order to ensure that they are equal to the amount of the utility
charges.

 JUSTIFICATION :

Many residential apartment buildings in New York include charges for
utilities in the rent. However an increasing number of landlords are
installing "submeters" which monitor utility use individually for each
unit in the building. After the submeters are installed, the landlords
charge tenants for utilities in addition to the rent. Under current
law, the additional utility charges are accompanied by a rent
reduction set by the Division of Housing and Community Renewal. These
rent reductions, however, are based on the number of rooms in an
apartment and do not reflect the actual utility usage costs of the
tenants. This leads to many tenants having to pay more than they had
agreed to pay when they signed their lease in order to stay in their
apartments after their building converts to submetering.

This bill mandates that the rent reductions which tenants receive
after their building is converted must be based on their actual
utility costs in order to protect against an increase in the cost of
living for tenants. This legislation would also require the DHCR to,
within 90 days, review the rent reductions which have already been
made, and to modify them, if necessary, in order to bring them in line
with tenants' actual costs. The bill would also require the DHCR to
create an appeals process by which tenants can challenge their rent
reductions.

Currently rent reductions are based on the New York City Housing
Vacancy Survey's average monthly costs for utilities. In the Survey,
tenants were asked to "estimate" their monthly utility costs. This
produced highly questionable data, upon which the DHCR's rent
reductions were based.

 LEGISLATIVE HISTORY :

2009-2010: Senate & Assembly Referred to Housing, Construction &
Community Development
2011-2012: S.2757- Referred to Housing, Construction and Community
Development
2013-2014: S.919- Referred to Housing, Construction and Community
Development

2015-2016: S.1160 - Referred to Housing, Construction and Community
Development

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S3448 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3448
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 Introduced by Sens. SERRANO, HAMILTON, KRUEGER -- 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 multiple dwelling law, in relation to rent reduction
   in cases of submetered utility service

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The multiple dwelling  law  is  amended  by  adding  a  new
 section 302-d to read as follows:
   §  302-D.  PROVISIONS RELATING TO MULTIPLE DWELLINGS WITH SUBMETERING.
 1. ANY TENANT RESIDING IN A BUILDING WHICH IS SUBJECT TO SUBMETERING  OF
 UTILITIES SHALL RECEIVE A REDUCTION IN RENT WHICH IS EQUAL TO THE AMOUNT
 OF  THE  UTILITY  COSTS FOR WHICH SUCH TENANT IS RESPONSIBLE, WHERE SUCH
 COSTS WERE PREVIOUSLY INCLUDED IN SUCH TENANT'S RENT.
   2. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL, WITHIN  NINETY
 DAYS  OF  THE  EFFECTIVE  DATE  OF THIS SECTION, REVIEW THE STANDARD AND
 ACTUAL RENT REDUCTIONS  FOR  SUBMETERED  PROPERTIES  AND  SHALL  REQUIRE
 INCREASES  WHERE  THE  DIVISION DETERMINES NECESSARY. THE DIVISION SHALL
 DEVELOP A PROCESS FOR TENANTS TO APPEAL THEIR RENT REDUCTION IF IT  DOES
 NOT  ACCURATELY  REFLECT  THE AMOUNT THEY ARE REQUIRED TO PAY FOR SUBME-
 TERED UTILITIES.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08886-01-7

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Senate Bill S3448

Sponsored By

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

co-Sponsors

2017-S3448 (ACTIVE) - Details

2017-S3448 (ACTIVE) - Summary

2017-S3448 (ACTIVE) - Sponsor Memo

2017-S3448 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3448

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Sponsored By

Jose M. Serrano

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

co-Sponsors

Jesse Hamilton

Liz Krueger

2017-S3448 (ACTIVE) - Details

2017-S3448 (ACTIVE) - Summary

2017-S3448 (ACTIVE) - Sponsor Memo

2017-S3448 (ACTIVE) - Bill Text download pdf

Comments