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.