NY State Senate Bill 2017-S9137

Senate Bill S9137

2017-2018 Legislative Session

Requires landlords to notify tenants when applying for a major capital improvement tax abatement

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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
Jul 20, 2018	referred to rules

2017-S9137 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Real Property Tax Law
Laws Affected:: Amd §467-i, RPT L

2017-S9137 (ACTIVE) - Summary

Requires landlords to notify tenants when applying for a major capital improvement tax abatement within seven days of submitting the application.

2017-S9137 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9137

SPONSOR: AVELLA
 
TITLE OF BILL:  An act to amend the real property tax law, in relation
to requiring landlords to notify tenants when applying for a major capi-
tal improvement tax abatement

 
PURPOSE:

The purpose of this bill is to require landlords to notify tenants when
applying for a major capital improvement tax abatement.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends Section 467-I of the real property law by
adding new subdivision 2-a, which states that any owner of an eligible
building that applies for such tax abatement shall notify the tenants of
the building of the owner's application within seven days of submitting
said application.

Section 2 of this bill states that this act shall take effect immediate-

ly after it shall have become a law.

 
JUSTIFICATION:

When owners make improvements or installations to a building subject to
the rent stabilization or rent control laws, they can apply to the Divi-
sion of Housing and Community Renewal for approval to raise the rents of
the tenants based on the actual, verified cost of improvement or instal-
lation. This is generally referred to as a Major Capital Improvement
(MCI) appeal.

While the MCI program can be a useful way to ensure that tenants in rent
stabilized or rent controlled units have good living conditions, too
often MCI appeals are manipulated to pay for ordinary repairs for a
building rather than substantial improvements.

As such, it is imperative to require landowners to give tenants notice
of the filing of an MCI application. This notice will allow tenants to
see the details of the planned improvements and give them the necessary
time to potentially appeal or oppose these improvements.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately after it shall have become a law.

2017-S9137 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9137
 
                             I N  S E N A T E
 
                               July 20, 2018
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the real property tax  law,  in  relation  to  requiring
   landlords to notify tenants when applying for a major capital improve-
   ment tax abatement
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 467-i of the real property tax law  is  amended  by
 adding a new subdivision 2-a to read as follows:
   2-A.  ANY  OWNER  OF  AN  ELIGIBLE  BUILDING THAT APPLIES FOR SUCH TAX
 ABATEMENT SHALL NOTIFY THE TENANTS OF SUCH UNITS IN THE ELIGIBLE  BUILD-
 ING  OF  THE  OWNER'S  APPLICATION  WITHIN  SEVEN DAYS OF SUBMITTING THE
 APPLICATION.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16394-01-8

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