S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8513
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 7, 2019
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Housing
 
 AN ACT to amend the administrative code of the city  of  New  York,  the
   emergency housing rent control law and the emergency tenant protection
   act  of  nineteen  seventy-four, in relation to prohibiting charges or
   rent increases for the installation of certain  air  conditioners  and
   other appliances by tenants
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The administrative code of the city of New York is  amended
 by adding two new sections 26-407.2 and 26-407.3 to read as follows:
   §  26-407.2  AIR  CONDITIONER  CHARGES  OR  RENT INCREASES PROHIBITED.
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, REGULATION, CHARTER OR
 ADMINISTRATIVE CODE, TENANTS OF HOUSING ACCOMMODATIONS WHICH ARE SUBJECT
 TO RENT CONTROL UNDER THIS CHAPTER SHALL NOT BE SUBJECT  TO  CHARGES  OR
 RENT  INCREASES  FOR  AIR  CONDITIONERS ACQUIRED AND/OR INSTALLED BY THE
 TENANT AND ANY SUCH CHARGE OR RENT INCREASE  SHALL  BE  NULL  AND  VOID;
 PROVIDED,  HOWEVER,  A LANDLORD MAY CHARGE A ONE-TIME DE MINIMIS FEE FOR
 INSTALLATION OF SUCH APPLIANCE PERFORMED BY HIM OR HERSELF OR HIS OR HER
 AGENT.
   § 26-407.3 SURCHARGES OR RENT INCREASES FOR CERTAIN APPLIANCES PROHIB-
 ITED. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  RULE,  REGULATION,
 CHARTER  OR ADMINISTRATIVE CODE, TENANTS OF HOUSING ACCOMMODATIONS WHICH
 ARE SUBJECT TO RENT CONTROL UNDER THIS CHAPTER SHALL NOT BE  SUBJECT  TO
 SURCHARGES OR RENT INCREASES FOR WASHING MACHINES, DRYERS, AND DISHWASH-
 ERS  ACQUIRED  AND/OR  INSTALLED BY THE TENANT AND ANY SUCH SURCHARGE OR
 RENT INCREASE SHALL BE NULL AND VOID; PROVIDED, HOWEVER, A LANDLORD  MAY
 CHARGE  A  ONE-TIME  DE  MINIMIS  FEE FOR INSTALLATION OF SUCH APPLIANCE
 PERFORMED BY HIM OR HERSELF OR HIS OR HER AGENT.
   § 2. Section 26-510 of the administrative code of the city of New York
 is amended by adding a new subdivision b-1 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13489-02-9

 A. 8513                             2
 
   B-1. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  RULE,  REGULATION,
 CHARTER  OR ADMINISTRATIVE CODE, TENANTS OF HOUSING ACCOMMODATIONS WHICH
 ARE SUBJECT TO RENT  STABILIZATION  UNDER  THIS  CHAPTER  SHALL  NOT  BE
 SUBJECT  TO  (1) CHARGES OR RENT INCREASES FOR AIR CONDITIONERS ACQUIRED
 AND/OR  INSTALLED  BY THE TENANT OR (2) SURCHARGES OR RENT INCREASES FOR
 WASHING MACHINES, DRYERS, AND DISHWASHERS ACQUIRED AND/OR  INSTALLED  BY
 THE  TENANT,  AND  ANY  SUCH CHARGE, SURCHARGE OR RENT INCREASE SHALL BE
 NULL AND VOID; PROVIDED, HOWEVER, A LANDLORD MAY CHARGE  A  ONE-TIME  DE
 MINIMIS  FEE  FOR  INSTALLATION  OF  SUCH  APPLIANCE PERFORMED BY HIM OR
 HERSELF OR HIS OR HER AGENT.
   § 3. Subdivision 4 of section 4 of chapter 274 of the  laws  of  1946,
 constituting  the  emergency  housing  rent  control  law, is amended by
 adding a new paragraph (f) to read as follows:
   (F) NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  RULE,  REGULATION,
 CHARTER  OR ADMINISTRATIVE CODE, TENANTS OF HOUSING ACCOMMODATIONS WHICH
 ARE SUBJECT TO RENT CONTROL OR RENT  STABILIZATION  UNDER  THIS  CHAPTER
 SHALL NOT BE SUBJECT TO (I) CHARGES OR RENT INCREASES FOR AIR CONDITION-
 ERS  ACQUIRED  AND/OR INSTALLED BY THE TENANT OR (II) SURCHARGES OR RENT
 INCREASES FOR WASHING MACHINES, DRYERS, AND DISHWASHERS ACQUIRED  AND/OR
 INSTALLED BY THE TENANT, AND ANY SUCH CHARGE, SURCHARGE OR RENT INCREASE
 SHALL  BE NULL AND VOID; PROVIDED, HOWEVER, A LANDLORD MAY CHARGE A ONE-
 TIME DE MINIMIS FEE FOR INSTALLATION OF SUCH APPLIANCE PERFORMED BY  HIM
 OR HERSELF OR HIS OR HER AGENT.
   §  4.  Section  4  of  section  4  of chapter 576 of the laws of 1974,
 constituting the emergency tenant protection act  of  nineteen  seventy-
 four, is amended by adding a new subdivision b-1 to read as follows:
   B-1.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, RULE, REGULATION,
 CHARTER OR ADMINISTRATIVE CODE, TENANTS OF HOUSING ACCOMMODATIONS  WHICH
 ARE  SUBJECT  TO  RENT  CONTROL OR RENT STABILIZATION UNDER THIS CHAPTER
 SHALL NOT BE SUBJECT TO (1) CHARGES OR RENT INCREASES FOR AIR CONDITION-
 ERS ACQUIRED AND/OR INSTALLED BY THE TENANT OR (2)  SURCHARGES  OR  RENT
 INCREASES  FOR WASHING MACHINES, DRYERS, AND DISHWASHERS ACQUIRED AND/OR
 INSTALLED BY THE TENANT, AND ANY SUCH CHARGE, SURCHARGE OR RENT INCREASE
 SHALL BE NULL AND VOID; PROVIDED, HOWEVER, A LANDLORD MAY CHARGE A  ONE-
 TIME  DE MINIMIS FEE FOR INSTALLATION OF SUCH APPLIANCE PERFORMED BY HIM
 OR HERSELF OR HIS OR HER AGENT.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law; provided, however, that:
   (a)  the  addition  of sections 26-407.2 and 26-407.3 to the city rent
 and rehabilitation law made by section one of this act shall  remain  in
 full force and effect only as 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
   (b)  the  amendments to section 26-510 of chapter 4 of title 26 of the
 administrative code of the city of New York 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.