NY State Senate Bill 2017-S4568

Senate Bill S4568

2017-2018 Legislative Session

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

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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
Feb 17, 2017	referred to housing, construction and community development

co-Sponsors

2017-S4568 (ACTIVE) - Details

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
2015-2016: S3588
2019-2020: S2203
2021-2022: S3365
2023-2024: S1235

2017-S4568 (ACTIVE) - Summary

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

2017-S4568 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4568

 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 creates consistency between New York City and the ETPA
counties (Westchester, Rockland, and Nassau) by capping MCI costs at
six percent of the legal regulated rent.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends paragraph 3 of subdivision d of section 6 of section
4 of chapter 576 of the laws of 1974, the emergency tenant protection
act of 1974, as amended by section 30 of part A of chapter 20 of the
laws of 2015, to ensure the collectible increase in rent to amortize
the cost of the major capital improvement 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. The collectability of any dollar excess above said sum
would be spread forward in similar increments and added to the legal
regulated rent as established or set in future years.

Section 2 establishes the effective date.

 JUSTIFICATION :

This bill creates consistency between rent stabilized apartments in
New York City and the other ETPA counties, Nassau, Rockland and
Westchester. Currently, Section 9 of NYCRR limits MCI increases in New
York City to a maximum of six percent of the base rent. Because the
law is silent, DHCR has administratively capped the MCI increase
outside of New York City at fifteen percent. This bill corrects this
oversight and establishes a fair and consistent level for all rent
stabilized apartments.

 PRIOR LEGISLATIVE HISTORY :

2013-14: A9785 (Mayer) referred to housing
2015-16: A1880A (Mayer) advanced to third reading cal. 743

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately; however, it expires on the
expiration of the ETPA.

2017-S4568 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4568
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2017
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02495-01-7

 S. 4568                             2
 
   § 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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Senate Bill S4568

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Sponsored By

Jamaal T. Bailey