S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    690
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL, DINOWITZ, M. G. MILLER, MOSLEY,
   COOK -- Multi-Sponsored by -- M. of A. GLICK, RIVERA -- read once  and
   referred to the Committee on Housing
 
 AN  ACT  to amend the real property law, in relation to non-preferential
   opportunity for use of amenities in certain buildings and apartments
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  real property law is amended by adding a new section
 235-h to read as follows:
   § 235-H. USE OF AMENITIES.  1. ANY RENTAL TENANT MUST BE PROVIDED WITH
 THE OPPORTUNITY TO USE AMENITIES COMMONLY ACCESSIBLE TO OTHER TENANTS OF
 THE MULTIPLE DWELLING AND NOT UNIQUE TO AN INDIVIDUAL  UNIT,  INCLUDING,
 BUT NOT LIMITED TO: POOLS, FITNESS CENTERS, STORAGE SPACES, PARKING, AND
 ROOFS  OR  GARDENS  ACCESSIBLE  TO  BUILDING  TENANTS,  IN  BUILDINGS OR
 COMPLEXES WHERE  SUCH  AMENITIES  EXIST,  PROVIDED,  HOWEVER,  THAT  THE
 PROVISIONS  OF  THIS SECTION SHALL APPLY ONLY TO MULTIPLE DWELLINGS WITH
 SIX OR MORE UNITS.
   2. AN OWNER MAY CHARGE A FEE TO RENTAL TENANTS FOR  USE  OF  AMENITIES
 PROVIDED  THAT  SUCH  FEE  IS  REASONABLE AND NOT STRUCTURED IN A MANNER
 MEANT TO BE PROHIBITIVE TO SUCH TENANTS WHICH MIGHT  NORMALLY  NOT  HAVE
 ACCESS  TO  SUCH AMENITIES AS PART OF THEIR RENTAL AGREEMENTS, PROVIDED,
 HOWEVER, THAT SUCH FEE SHALL NOT BECOME PART OF  THE  RENT.  NOTHING  IN
 THIS SECTION SHALL PROHIBIT ANY OWNER FROM PROMULGATING UNIFORMLY APPLI-
 CABLE  RULES  ON THE USE OF AMENITIES THROUGH SYSTEMS, INCLUDING BUT NOT
 LIMITED TO: SIGN-UP  SHEETS,  WAITING  LISTS,  OR  LOTTERIES,  PROVIDED,
 HOWEVER  THAT  NO  TENANT  SHALL BE REQUIRED TO USE OR PAY A FEE FOR ANY
 AMENITY AS A CONDITION OF THE RENTAL OF THEIR RESIDENTIAL UNIT.
   3. IN CASES WHERE THE USE OF AMENITIES BY  ALL  OCCUPANTS  IS  DENIED,
 SUCH  DENIAL  SHALL  NOT  PROVIDE  THE  BASIS FOR A RENT REDUCTION ORDER
 PURSUANT TO SECTION 26-405 OR 26-509 OF THE ADMINISTRATIVE CODE  OF  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00534-01-9

 A. 690                              2
 
 CITY  OF NEW YORK, UNLESS USE OF THE AMENITIES WAS HISTORICALLY PROVIDED
 OR IS A REQUIRED SERVICE. AN OWNER MAY CHANGE OR COMPLETELY  REMOVE  ANY
 AMENITY  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS  SECTION WITHOUT BEING
 SUBJECT TO A CLAIM OF DIMINUTION OF SERVICES.
   4.  AN  OWNER  OF  A BUILDING OR COMPLEX THAT IS FOUND IN VIOLATION OF
 SUBDIVISION ONE OF THIS SECTION IS PUNISHABLE BY A FINE  NOT  TO  EXCEED
 TWO  THOUSAND  DOLLARS.  PRIOR  TO  THE APPLICATION OF ANY PENALTIES SET
 FORTH IN THIS SECTION, AN OWNER FOUND TO BE IN VIOLATION OF THIS SECTION
 SHALL BE GIVEN THIRTY DAYS FROM THE DATE OF RECEIVING  SUCH  FINDING  TO
 CURE THE VIOLATING CONDITION OR CONDITIONS.
   5.  THE COMMISSIONER OF HOUSING PRESERVATION AND DEVELOPMENT IN CITIES
 HAVING A POPULATION OF ONE MILLION OR MORE OR THE COMMISSIONER OF  HOMES
 AND  COMMUNITY RENEWAL ARE HEREBY DIRECTED TO PROMULGATE RULES AND REGU-
 LATIONS TO EFFECTUATE THE PROVISIONS OF THIS SECTION, INCLUDING BUT  NOT
 LIMITED TO:
   (A) ENFORCEMENT MECHANISM OF PROVISIONS IN THIS SECTION;
   (B)  CREATING  A  SYSTEM  OF  RECEIVING  AND  INVESTIGATING COMPLAINTS
 REGARDING VIOLATIONS OF THIS SECTION, INCLUDING A SYSTEM ON HOW AN OWNER
 CAN CURE SUCH VIOLATIONS; AND
   (C) SYSTEM OF NOTIFICATION FOR AN OWNER TO BE AWARE OF  A  FINDING  OF
 VIOLATIONS AND WHAT WILL BE THE ENFORCEMENT MECHANISMS.
   6.  ANY PENALTY ASSESSED FOR THE VIOLATION OF ANY OF THE PROVISIONS OF
 THIS SECTION SHALL BE PAYABLE TO THE COMMISSIONER OF  HOUSING  PRESERVA-
 TION  AND DEVELOPMENT IF THE VIOLATION OCCURRED IN A CITY HAVING A POPU-
 LATION OF ONE MILLION OR MORE, OR THE COMMISSIONER OF HOMES AND COMMUNI-
 TY RENEWAL IF IT DID NOT.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.