NY State Senate Bill 2017-S3874A

Senate Bill S3874A

2017-2018 Legislative Session

Requires landlord to grant access to engineer or architect hired by tenants to inspect major capital improvements in certain multiple dwellings

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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
Apr 23, 2018	print number 3874a
Apr 23, 2018	amend and recommit to housing, construction and community development
Jan 03, 2018	referred to housing, construction and community development
Jan 27, 2017	referred to housing, construction and community development

Bill Amendments

Original

A (Active)

2017-S3874 - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§26-405, 26-511 & 26-520, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1443
2011-2012: S1282
2013-2014: S837, S86
2015-2016: S3581, S1721
2019-2020: S4818
2021-2022: S5387
2023-2024: S6852

2017-S3874 - Summary

Provides that no landlord shall deny access to a licensed professional engineer or licensed registered architect hired by any tenant or tenant association representing tenants of a multiple dwelling of six units or more for the purpose of conducting an inspection of a major capital improvement for which an application for a maximum rent adjustment has been filed by the landlord; provides that such inspection shall be conducted after notice to the landlord and during normal business hours; provides for the filing of such inspection report by such tenants with the New York city rent agency for consideration in such application's determination.

2017-S3874 - Sponsor Memo

                                 BILL NUMBER:  S3874

 TITLE OF BILL :

An act to amend the administrative code of the city of New York and
the emergency tenant protection act of nineteen seventy-four, in
relation to inspection of major capital improvements for which rent
increases are requested and in relation to extending the provisions of
the rent stabilization law

 SUMMARY OF SPECIFIC PROVISIONS :

This legislation would require landlords of rent-stabilized and rent
controlled apartment buildings who are applying for major capital
improvement increases to allow access to a professional engineer or
architect hired by the tenant, tenants or tenants' association to
inspect the improvements done by the landlord. In turn, the report
filed by the engineer or architect can be submitted with the NYC rent
agency or the State Division of Housing and Community Renewal by the
tenants in objection to the major capital improvement increase.

 JUSTIFICATION :

In order to receive a major capital improvement rent increase, a
landlord must file a report with the Division of Housing and Community
Renewal (DHCR) which sends a copy of that report to the tenants of the

building. The DHCR then gives the tenants an opportunity to verify the
information in the report, and, if the tenants disagree with the
landlord's claims, to object to the proposed rent increase. In order
for tenants to verify what is stated in the landlord's report, they
must be able to hire experts to inspect the improvements described in
the report. Presently, landlords can deny access to engineers or
architects hired by the tenants.

This legislation requires landlords to allow access to engineers or
architects hired by the tenants to inspect building improvements, and
enables tenants to use reports prepared by their experts to object to
the proposed rent increase.

 PRIOR LEGISLATIVE HISTORY :

1999-2000: S.3671 Died in Senate Housing Committee
2001-2002: S.2043 Died in Senate Housing Committee
2003-2004: S.627 Died in Senate Housing Committee
2003-2004: S.627 Died in Senate Housing Committee
2005-2006: S.4156 Died in Senate Housing Committee
2009: S.1443/A.1357 Died in Senate Housing/Died in Assembly Housing
2010: S.1443/A.1357 Died in Senate Housing/Died in Assembly Codes
2011-2012: S.1282 Died in Senate Housing Committee
2013-2014: S.837 Died in Senate Housing Committee
2015-2016: S.3581 Died in Senate Housing Committee

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the 120th day after it shall have become
a law.

2017-S3874 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3874
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 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 and  the
   emergency  tenant protection act of nineteen seventy-four, in relation
   to inspection of major capital improvements for which  rent  increases
   are  requested and in relation to extending the provisions of the rent
   stabilization law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (g) of paragraph 1 of subdivision g of section
 26-405 of the administrative code of the city of New York, as amended by
 section  31  of  part A of chapter 20 of the laws of 2015, is amended to
 read as follows:
   (g) There has been since July first, nineteen hundred seventy, a major
 capital improvement required for the operation, preservation or  mainte-
 nance  of the structure. An adjustment under this subparagraph [(g)] for
 any order of the commissioner issued after the  effective  date  of  the
 rent  act  of 2015 shall be in an amount sufficient to amortize the cost
 of the improvements pursuant to this subparagraph [(g)] over  an  eight-
 year period for buildings with thirty-five or fewer units or a nine year
 period  for  buildings with more than [thiry-five] THIRTY-FIVE units. NO
 LANDLORD SHALL DENY ACCESS TO A PROFESSIONAL ENGINEER LICENSED TO  PRAC-
 TICE  IN  THE  STATE  OF  NEW YORK OR A REGISTERED ARCHITECT LICENSED TO
 PRACTICE IN THE STATE OF NEW YORK HIRED BY ANY TENANT, TENANTS OR TENANT
 ASSOCIATION REPRESENTING TENANTS OF A MULTIPLE DWELLING OF SIX UNITS  OR
 MORE  FOR  THE  PURPOSE  OF  CONDUCTING AN INSPECTION OF A MAJOR CAPITAL
 IMPROVEMENT FOR WHICH AN APPLICATION FOR ADJUSTMENT OF MAXIMUM RENT  HAS
 BEEN FILED. SUCH INSPECTION SHALL BE CONDUCTED AFTER NOTICE TO THE LAND-
 LORD  AND  DURING NORMAL BUSINESS HOURS. SUCH TENANT MAY FILE THE REPORT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05901-02-7

 S. 3874                             2
 
 OF THE INSPECTION WITH THE CITY RENT AGENCY  FOR  CONSIDERATION  IN  THE
 DETERMINATION OF SUCH APPLICATION, or
   § 2. Paragraph 6 of subdivision c of section 26-511 of the administra-
 tive code of the city of New York, as amended by section 29 of part A of
 chapter 20 of the laws of 2015, is amended to read as follows:
   (6)  provides  criteria whereby the commissioner may act upon applica-
 tions by owners for increases in  excess  of  the  level  of  fair  rent
 increase  established under this law provided, however, that such crite-
 ria shall provide (a) as to hardship applications, for  a  finding  that
 the level of fair rent increase is not sufficient to enable the owner to
 maintain  approximately  the same average annual net income (which shall
 be computed without regard to debt service, financing costs  or  manage-
 ment  fees)  for the three year period ending on or within six months of
 the date of an application pursuant to such criteria  as  compared  with
 annual  net income, which prevailed on the average over the period nine-
 teen hundred sixty-eight through nineteen hundred seventy,  or  for  the
 first three years of operation if the building was completed since nine-
 teen  hundred  sixty-eight  or  for the first three fiscal years after a
 transfer of title to a new owner provided the new owner can establish to
 the satisfaction of the commissioner that he or she  acquired  title  to
 the  building as a result of a bona fide sale of the entire building and
 that the new owner is unable to obtain requisite records for the  fiscal
 years  nineteen  hundred  sixty-eight  through  nineteen hundred seventy
 despite diligent efforts to obtain same from predecessors in  title  and
 further  provided that the new owner can provide financial data covering
 a minimum of six years under his or  her  continuous  and  uninterrupted
 operation  of  the building to meet the three year to three year compar-
 ative test periods herein provided; and (b) as  to  completed  building-
 wide  major  capital  improvements, for a finding that such improvements
 are deemed depreciable under the Internal Revenue Code and that the cost
 is to be amortized over an eight-year period for a building  with  thir-
 ty-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,  based  upon  cash
 purchase  price exclusive of interest or service charges.  Notwithstand-
 ing anything to the contrary  contained  herein,  no  hardship  increase
 granted pursuant to this paragraph shall, when added to the annual gross
 rents,  as  determined  by  the commissioner, exceed the sum of, (i) the
 annual operating expenses, (ii) an allowance for management services  as
 determined  by  the  commissioner,  (iii)  actual  annual  mortgage debt
 service (interest and amortization) on its  indebtedness  to  a  lending
 institution,  an  insurance  company,  a retirement fund or welfare fund
 which is operated under the supervision of the banking or insurance laws
 of the state of New York or the United States, and (iv) eight  and  one-
 half  percent  of  that portion of the fair market value of the property
 which exceeds the unpaid principal amount of the  mortgage  indebtedness
 referred  to  in subparagraph (iii) of this paragraph. Fair market value
 for the purposes of this paragraph shall be six times the  annual  gross
 rent.  NO LANDLORD SHALL DENY ACCESS TO A PROFESSIONAL ENGINEER LICENSED
 TO  PRACTICE IN THE STATE OF NEW YORK OR A REGISTERED ARCHITECT LICENSED
 TO PRACTICE IN THE STATE OF NEW YORK HIRED BY  ANY  TENANT,  TENANTS  OR
 TENANT  ASSOCIATION  REPRESENTING  TENANTS OF A MULTIPLE DWELLING OF SIX
 UNITS OR MORE FOR THE PURPOSE OF CONDUCTING AN  INSPECTION  OF  A  MAJOR
 CAPITAL  IMPROVEMENT  FOR WHICH AN APPLICATION FOR ADJUSTMENT OF MAXIMUM
 RENT HAS BEEN FILED. SUCH INSPECTION SHALL BE CONDUCTED AFTER NOTICE  TO

 S. 3874                             3
 
 THE  LANDLORD AND DURING NORMAL BUSINESS HOURS. SUCH TENANT MAY FILE THE
 REPORT OF THE INSPECTION WITH THE CITY RENT AGENCY FOR CONSIDERATION  IN
 THE DETERMINATION OF SUCH APPLICATION. The collection of any increase in
 the  stabilized  rent for any apartment pursuant to this paragraph shall
 not exceed six percent in any year from the effective date of the  order
 granting  the  increase over the rent set forth in the schedule of gross
 rents, with collectability of any dollar excess above  said  sum  to  be
 spread forward in similar increments and added to the stabilized rent as
 established or set in future years;
   § 3. 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. NO LANDLORD SHALL DENY
 ACCESS  TO  A PROFESSIONAL ENGINEER LICENSED TO PRACTICE IN THE STATE OF
 NEW YORK OR A REGISTERED ARCHITECT LICENSED TO PRACTICE IN THE STATE  OF
 NEW YORK HIRED BY ANY TENANT, TENANTS OR TENANT ASSOCIATION REPRESENTING
 TENANTS  OF  A MULTIPLE DWELLING OF SIX UNITS OR MORE FOR THE PURPOSE OF
 CONDUCTING AN INSPECTION OF A MAJOR CAPITAL  IMPROVEMENT  FOR  WHICH  AN
 APPLICATION  FOR  ADJUSTMENT  OF  MAXIMUM  RENT  HAS  BEEN  FILED.  SUCH
 INSPECTION SHALL BE CONDUCTED AFTER NOTICE TO THE  LANDLORD  AND  DURING
 NORMAL BUSINESS HOURS. SUCH TENANT MAY FILE THE REPORT OF THE INSPECTION
 WITH THE CITY RENT AGENCY FOR CONSIDERATION IN THE DETERMINATION OF SUCH
 APPLICATION, or
   §  4.  Section  26-520  of  the administrative code of the city of New
 York, as amended by local law number 26 of the city of New York for  the
 year 2015, is amended to read as follows:
   §  26-520  Expiration  date. This chapter shall expire on April first,
 two thousand [eighteen] TWENTY-ONE  unless  rent  control  shall  sooner
 terminate  as  provided in subdivision three of section one of the local
 emergency housing rent control law.
   § 5. This act shall take effect on the one hundred twentieth day after
 it shall have become a law, except that any rules and regulations neces-
 sary for the timely implementation of this act  on  its  effective  date
 shall be promulgated on or before such date; provided that the amendment
 to  section  26-405  of  the  city  rent  and rehabilitation law made by
 section one of this act shall remain in full force and  effect  only  so
 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 and
 provided further that the  amendment  to  section  26-511  of  the  rent
 stabilization  law of nineteen hundred sixty-nine made by section two 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  provided  further that the amendment to section 6 of the
 emergency tenant protection act of nineteen seventy-four made by section
 three of this act shall expire on the same date as such act expires  and

 S. 3874                             4
 
 shall not affect the expiration of such act as provided in section 17 of
 chapter 576 of the laws of 1974, as amended.

2017-S3874A (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§26-405, 26-511 & 26-520, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1443
2011-2012: S1282
2013-2014: S837, S86
2015-2016: S3581, S1721
2019-2020: S4818
2021-2022: S5387
2023-2024: S6852

2017-S3874A (ACTIVE) - Summary

2017-S3874A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3874A

SPONSOR: ALCANTARA
 
TITLE OF BILL:  An act to amend the administrative code of the city of
New York and the emergency tenant protection act of nineteen seventy-
four, in relation to inspection of major capital improvements for which
rent increases are requested and in relation to extending the provisions
of the rent stabilization law

 
SUMMARY OF SPECIFIC PROVISIONS:

This legislation would require landlords of rent-stabilized and rent
controlled apartment buildings who are applying for major capital
improvement increases to allow access to a professional engineer or
architect hired by the tenant, tenants or tenants' association to
inspect the improvements done by the landlord. In turn, the report filed
by the engineer or architect can be submitted with the NYC rent agency
or the State Division of Housing and Community Renewal by the tenants in
objection to the major capital improvement increase.

 
JUSTIFICATION:

In order to receive a major capital improvement rent increase, a land-
lord must file a report with the Division of Housing and Community
Renewal (DHCR) which sends a copy of that report to the tenants of the
building. The DHCR then gives the tenants an opportunity to verify the
information in the report, and, if the tenants disagree with the land-
lord's claims, to object to the proposed rent increase. In order for
tenants to verify what is stated in the landlord's report, they must be
able to hire experts to inspect the improvements described in the
report. Presently, landlords can deny access to engineers or architects
hired by the tenants.

This legislation requires landlords to allow access to engineers or
architects hired by the tenants to inspect building improvements, and
enables tenants to use reports prepared by their experts to object to
the proposed rent increase.

 
PRIOR LEGISLATIVE HISTORY:

1999-2000: S.3671 Died in Senate Housing Committee
2001-2002: S.2043 Died in Senate Housing Committee
2003-2004: S.627 Died in Senate Housing Committee
2003-2004: S.627 Died in Senate Housing Committee
2005-2006: S.4156 Died in Senate Housing Committee
2009: S.1443/A.1357 Died in Senate Housing/Died in Assembly Housing
2010: S.1443/A.1357 Died in Senate Housing/Died in Assembly Codes
2011-2012: S.1282  Died in Senate Housing Committee
2013-2014: S.837  Died in Senate Housing Committee
2015-2016: S.3581 Died in Senate Housing Committee

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the 120th day after it shall have become a
law.

2017-S3874A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3874--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 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 -- recommitted  to  the  Committee  on  Housing,
   Construction  and Community Development in accordance with Senate Rule
   6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 AN  ACT to amend the administrative code of the city of New York and the
   emergency tenant protection act of nineteen seventy-four, in  relation
   to  inspection  of major capital improvements for which rent increases
   are requested and in relation to extending the provisions of the  rent
   stabilization law
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (g) of paragraph 1 of subdivision g of section
 26-405 of the administrative code of the city of New York, as amended by
 section 31 of part A of chapter 20 of the laws of 2015,  is  amended  to
 read as follows:
   (g) There has been since July first, nineteen hundred seventy, a major
 capital  improvement required for the operation, preservation or mainte-
 nance of the structure. An adjustment under this subparagraph [(g)]  for
 any  order  of  the  commissioner issued after the effective date of the
 rent act of 2015 shall be in an amount sufficient to amortize  the  cost
 of  the  improvements pursuant to this subparagraph [(g)] over an eight-
 year period for buildings with thirty-five or fewer units or a nine year
 period for buildings with more than [thiry-five] THIRTY-FIVE  units.  NO
 LANDLORD  SHALL DENY ACCESS TO A PROFESSIONAL ENGINEER LICENSED TO PRAC-
 TICE IN THE STATE OF NEW YORK OR  A  REGISTERED  ARCHITECT  LICENSED  TO
 PRACTICE IN THE STATE OF NEW YORK HIRED BY ANY TENANT, TENANTS OR TENANT
 ASSOCIATION  REPRESENTING TENANTS OF A MULTIPLE DWELLING OF SIX UNITS OR
 MORE FOR THE PURPOSE OF CONDUCTING AN  INSPECTION  OF  A  MAJOR  CAPITAL
 IMPROVEMENT  FOR WHICH AN APPLICATION FOR ADJUSTMENT OF MAXIMUM RENT HAS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05901-03-8

 S. 3874--A                          2
 
 BEEN FILED. SUCH INSPECTION SHALL BE CONDUCTED AFTER NOTICE TO THE LAND-
 LORD AND DURING NORMAL BUSINESS HOURS. SUCH TENANT MAY FILE  THE  REPORT
 OF  THE  INSPECTION  WITH  THE CITY RENT AGENCY FOR CONSIDERATION IN THE
 DETERMINATION OF SUCH APPLICATION, or
   § 2. Paragraph 6 of subdivision c of section 26-511 of the administra-
 tive code of the city of New York, as amended by section 29 of part A of
 chapter 20 of the laws of 2015, is amended to read as follows:
   (6)  provides  criteria whereby the commissioner may act upon applica-
 tions by owners for increases in  excess  of  the  level  of  fair  rent
 increase  established under this law provided, however, that such crite-
 ria shall provide (a) as to hardship applications, for  a  finding  that
 the level of fair rent increase is not sufficient to enable the owner to
 maintain  approximately  the same average annual net income (which shall
 be computed without regard to debt service, financing costs  or  manage-
 ment  fees)  for the three year period ending on or within six months of
 the date of an application pursuant to such criteria  as  compared  with
 annual  net income, which prevailed on the average over the period nine-
 teen hundred sixty-eight through nineteen hundred seventy,  or  for  the
 first three years of operation if the building was completed since nine-
 teen  hundred  sixty-eight  or  for the first three fiscal years after a
 transfer of title to a new owner provided the new owner can establish to
 the satisfaction of the commissioner that he or she  acquired  title  to
 the  building as a result of a bona fide sale of the entire building and
 that the new owner is unable to obtain requisite records for the  fiscal
 years  nineteen  hundred  sixty-eight  through  nineteen hundred seventy
 despite diligent efforts to obtain same from predecessors in  title  and
 further  provided that the new owner can provide financial data covering
 a minimum of six years under his or  her  continuous  and  uninterrupted
 operation  of  the building to meet the three year to three year compar-
 ative test periods herein provided; and (b) as  to  completed  building-
 wide  major  capital  improvements, for a finding that such improvements
 are deemed depreciable under the Internal Revenue Code and that the cost
 is to be amortized over an eight-year period for a building  with  thir-
 ty-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,  based  upon  cash
 purchase  price exclusive of interest or service charges.  Notwithstand-
 ing anything to the contrary  contained  herein,  no  hardship  increase
 granted pursuant to this paragraph shall, when added to the annual gross
 rents,  as  determined  by  the commissioner, exceed the sum of, (i) the
 annual operating expenses, (ii) an allowance for management services  as
 determined  by  the  commissioner,  (iii)  actual  annual  mortgage debt
 service (interest and amortization) on its  indebtedness  to  a  lending
 institution,  an  insurance  company,  a retirement fund or welfare fund
 which is operated under the supervision of the banking or insurance laws
 of the state of New York or the United States, and (iv) eight  and  one-
 half  percent  of  that portion of the fair market value of the property
 which exceeds the unpaid principal amount of the  mortgage  indebtedness
 referred  to  in subparagraph (iii) of this paragraph. Fair market value
 for the purposes of this paragraph shall be six times the  annual  gross
 rent.  NO LANDLORD SHALL DENY ACCESS TO A PROFESSIONAL ENGINEER LICENSED
 TO  PRACTICE IN THE STATE OF NEW YORK OR A REGISTERED ARCHITECT LICENSED
 TO PRACTICE IN THE STATE OF NEW YORK HIRED BY  ANY  TENANT,  TENANTS  OR
 TENANT  ASSOCIATION  REPRESENTING  TENANTS OF A MULTIPLE DWELLING OF SIX
 UNITS OR MORE FOR THE PURPOSE OF CONDUCTING AN  INSPECTION  OF  A  MAJOR

 S. 3874--A                          3
 
 CAPITAL  IMPROVEMENT  FOR WHICH AN APPLICATION FOR ADJUSTMENT OF MAXIMUM
 RENT HAS BEEN FILED. SUCH INSPECTION SHALL BE CONDUCTED AFTER NOTICE  TO
 THE  LANDLORD AND DURING NORMAL BUSINESS HOURS. SUCH TENANT MAY FILE THE
 REPORT  OF THE INSPECTION WITH THE CITY RENT AGENCY FOR CONSIDERATION IN
 THE DETERMINATION OF SUCH APPLICATION. The collection of any increase in
 the stabilized rent for any apartment pursuant to this  paragraph  shall
 not  exceed six percent in any year from the effective date of the order
 granting the increase over the rent set forth in the schedule  of  gross
 rents,  with  collectability  of  any dollar excess above said sum to be
 spread forward in similar increments and added to the stabilized rent as
 established or set in future years;
   § 3. 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. NO LANDLORD SHALL DENY
 ACCESS TO A PROFESSIONAL ENGINEER LICENSED TO PRACTICE IN THE  STATE  OF
 NEW  YORK OR A REGISTERED ARCHITECT LICENSED TO PRACTICE IN THE STATE OF
 NEW YORK HIRED BY ANY TENANT, TENANTS OR TENANT ASSOCIATION REPRESENTING
 TENANTS OF A MULTIPLE DWELLING OF SIX UNITS OR MORE FOR THE  PURPOSE  OF
 CONDUCTING  AN  INSPECTION  OF  A MAJOR CAPITAL IMPROVEMENT FOR WHICH AN
 APPLICATION  FOR  ADJUSTMENT  OF  MAXIMUM  RENT  HAS  BEEN  FILED.  SUCH
 INSPECTION  SHALL  BE  CONDUCTED AFTER NOTICE TO THE LANDLORD AND DURING
 NORMAL BUSINESS HOURS. SUCH TENANT MAY FILE THE REPORT OF THE INSPECTION
 WITH THE CITY RENT AGENCY FOR CONSIDERATION IN THE DETERMINATION OF SUCH
 APPLICATION, or
   § 4. Section 26-520 of the administrative code  of  the  city  of  New
 York,  as amended by local law number 26 of the city of New York for the
 year 2015, is amended to read as follows:
   § 26-520 Expiration date. This chapter shall expire  on  April  first,
 two  thousand  [eighteen]  TWENTY-TWO  unless  rent control shall sooner
 terminate as provided in subdivision three of section one of  the  local
 emergency housing rent control law.
   § 5. This act shall take effect on the one hundred twentieth day after
 it shall have become a law, except that any rules and regulations neces-
 sary  for  the  timely  implementation of this act on its effective date
 shall be promulgated on or before such date; provided that the amendment
 to section 26-405 of the  city  rent  and  rehabilitation  law  made  by
 section  one  of  this act shall remain in full force and effect only so
 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  and
 provided  further  that  the  amendment  to  section  26-511 of the rent
 stabilization law of nineteen hundred sixty-nine made by section two  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 provided further that the amendment to  section  6  of  the
 emergency tenant protection act of nineteen seventy-four made by section

 S. 3874--A                          4
 
 three  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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