NY State Senate Bill S3318A

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (15)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 23, 2020	referred to housing delivered to assembly passed senate ordered to third reading cal.974
Mar 09, 2020	print number 3318a
Mar 09, 2020	amend and recommit to housing, construction and community development
Jan 08, 2020	referred to housing, construction and community development returned to senate died in assembly
Jun 18, 2019	referred to housing delivered to assembly passed senate ordered to third reading cal.1487 committee discharged and committed to rules
Feb 05, 2019	referred to housing, construction and community development

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S3318 - Details

See Assembly Version of this Bill:: A2675
Law Section:: New York City Administrative Code
Laws Affected:: Add §26-416, amd §26-512, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974; amd §4, Emerg Hous Rent Cont L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6110, A8290
2015-2016: S3565, A416
2017-2018: S2367, A1368
2021-2022: S2012, A992

S3318 - Summary

Relates to surcharges for the installation or use of air conditioner units in housing accommodations subject to rent control.

S3318 - Sponsor Memo

 
BILL NUMBER: S3318

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York, the
emergency tenant protection act of nineteen seventy-four and the emer-
gency housing rent control law, in relation to prohibiting surcharges
for the installation or use of air conditioner units in housing accommo-
dations subject to rent regulation

 
PURPOSE:

This bill would prohibit a landlord from imposing a surcharge on a
tenant for the use of a tenant-installed air conditioning unit if the
tenant pays for the electric utility service.

 
SUMMARY OF PROVISIONS:

Section 1 amends the administrative code of the City of New York by
adding a new section 26416 that would prohibit a landlord of any housing

accommodation subject to rent regulation laws from imposing a surcharge
for the us6 of a tenant-installed air conditioning unit, provided that
the tenant pays for the electrical utility service.

Section 2 amends section 4 of chapter 576 of the laws of 1974, consti-
tuting the emergency tenant protection act of nineteen seventy-four, by
adding a new subdivision that would prohibit a landlord of any housing
accommodation subject to rent regulation laws from imposing a surcharge
for the use of a tenant-installed air conditioning unit, provided that
the tenant pays for the electrical utility service.

Section 3 amends Section 26-512 of the administrative code of the City
of New York by adding a new subdivision that would prohibit a landlord
of any housing accommodation subject to such regulation laws from impos-
ing a surcharge for the use of a tenant-installed air conditioning unit,
provided that the tenant pays for the electrical utility service.

Section 4 amends subdivision 4 of section 4 of chapter 274 of the laws
of 1946, constituting the emergency housing rent control law, by adding
a new paragraph that would prohibit a landlord of any housing accommo-
dation subject to rent regulation laws from imposing a surcharge for the
use of a tenant-installed air conditioning unit, provided that the
tenant pays for the electrical utility service.

Section 5 sets the effective date.

 
JUSTIFICATION:

Nearly half of all New Yorkers live below or close to the poverty line.
Accordingly, it is critical that New York City has protections in place
to safeguard its residents' basic necessities, one of the most important
of which is housing. With an average rent of over $1,000 in the City of
New York, programs that reduce the rent burden are essential. One impor-
tant example is New York City's system of rent stabilization, which
provides a variety of tenant protections to over 2 million people.

Despite the high need for these tenant protections, many landlords are
increasing the cost of housing by imposing non-rent fees on rent stabi-
lized tenants. One major example, and the focus of this bill, is a
surcharge for air conditioner units that tenants install in their apart-
ments. While this type of surcharge is sometimes allowed in accordance
with the operational bulletin 84-4 and Operational Bulletin 2005-01
issued by the NYS Division of Homes and Community Renewal, many land-
lords do not follow the regulations set forth in the Operational Bulle-
tin for when the surcharges can be applied.  Also, the purported ration-
ale was to take into account the increased wear on plumbing and
electrical systems and the increased utility costs paid by landlords but
these costs are already taken into account when calculating rent
increases each year.

Most of the time, landlords add these surcharges without meeting any of
the conditions set forth in Operational Bulletin, 2005-01. A recent
survey of rent stabilized tenants indicates that 68t were charged a
surcharge for their air conditioner or washing machine in the last year.
These surcharges can add hundreds of dollars to a tenant's rent, making
rent controlled and rent stabilized apartments unaffordable for low-in-
come New Yorkers. Because these costs are already accounted for in the
rent itself and to end the landlord's abuse of this system of appliance
'surcharges, this bill is necessary to protect low-income tenants in the
City of New York and ensure that they are not being charged more than
they legally owe for rent. This extra cost raises rents and makes rent
controlled and rent stabilized apartments unaffordable for many New
Yorkers.

 
LEGISLATIVE HISTORY:

2017-2018: S.2367 - Referred to Housing, Construction and Community
Development/A.1368 Referred to Housing
2015-2016: S.3565 - Referred to Housing, Construction and Community
Development/A.416 Referred to Housing
2013-2014: S.6110 - Referred to Housing, Construction and Community
Development/A.8290 Referred to Housing

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided that: (a) section
26-416 of the city rent and rehabilitation law as added 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; (b) the amendments to
section 4 of chapter 576 of the laws of 1974 constituting the emergency
tenant protection act of nineteen seventy-four made by section two 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; and (c) the amendments to section 26512 of
chapter 4 of title 26 of the administrative code of the City of New
York, made by section three 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 (d) the amendments to
section 4 of the emergency housing rent control law made by section four
of this act shall expire on the same date as such law expires and shall
not affect the expiration of such law as provided in subdivision 2 of
section 1 of chapter 274 of the laws of 1946.

S3318 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3318

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 5, 2019
                               ___________

Introduced  by  Sen. JACKSON -- 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, the
  emergency tenant protection act of nineteen seventy-four and the emer-
  gency housing rent control law, in relation to prohibiting  surcharges
  for the installation or use of air conditioner units in housing accom-
  modations subject to rent regulation

  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 a new section 26-416 to read as follows:
  §  26-416  SURCHARGES  FOR  TENANT-INSTALLED  AIR  CONDITIONER  UNITS;
PROHIBITED. THE IMPOSITION OF ANY SURCHARGE FOR THE INSTALLATION AND USE
OF A TENANT-INSTALLED AIR  CONDITIONER  UNIT  IS  PROHIBITED  WHERE  THE
TENANT PAYS FOR ELECTRIC UTILITY SERVICE.
  §  2.  Section  6  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 h to read as follows:
  H.  NO  OWNER  OF A HOUSING ACCOMMODATION SUBJECT TO THE PROVISIONS OF
THIS SECTION SHALL IMPOSE ANY SURCHARGE FOR THE INSTALLATION AND USE  OF
A  TENANT-INSTALLED AIR CONDITIONER UNIT WHERE THE TENANT PAYS FOR ELEC-
TRIC UTILITY SERVICE.
  § 3. Section 26-512 of the administrative code of the city of New York
is amended by adding a new subdivision g to read as follows:
  G.  NO OWNER OF A HOUSING ACCOMMODATION SUBJECT TO THE  PROVISIONS  OF
THIS  LAW  SHALL  IMPOSE ANY SURCHARGE FOR THE INSTALLATION AND USE OF A
TENANT-INSTALLED AIR CONDITIONER UNIT WHERE THE TENANT PAYS FOR ELECTRIC
UTILITY SERVICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00714-01-9

S. 3318                             2

  § 4. 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)  NO  OWNER OF A HOUSING ACCOMMODATION SUBJECT TO THE PROVISIONS OF
THIS LAW SHALL IMPOSE ANY SURCHARGE FOR THE INSTALLATION AND  USE  OF  A
TENANT-INSTALLED AIR CONDITIONER UNIT WHERE THE TENANT PAYS FOR ELECTRIC
UTILITY SERVICE.
  §  5.  This  act  shall  take  effect  immediately; provided that: (a)
section 26-416 of the city rent  and  rehabilitation  law  as  added  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;
  (b) the amendments to section 4 of chapter 576 of  the  laws  of  1974
constituting  the  emergency  tenant protection act of nineteen seventy-
four made by section two 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; and
  (c) the amendments to section 26-512 of chapter 4 of title 26  of  the
administrative  code  of  the city of New York, made by section three 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
  (d)  the amendments to section 4 of the emergency housing rent control
law made by section four of this act shall expire on the  same  date  as
such  law  expires  and  shall  not affect the expiration of such law as
provided in subdivision 2 of section 1 of chapter 274  of  the  laws  of
1946.

Co-Sponsors

S3318A (ACTIVE) - Details

See Assembly Version of this Bill:: A2675
Law Section:: New York City Administrative Code
Laws Affected:: Add §26-416, amd §26-512, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974; amd §4, Emerg Hous Rent Cont L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6110, A8290
2015-2016: S3565, A416
2017-2018: S2367, A1368
2021-2022: S2012, A992

S3318A (ACTIVE) - Summary

Relates to surcharges for the installation or use of air conditioner units in housing accommodations subject to rent control.

S3318A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3318A

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York, the
emergency tenant protection act of nineteen seventy-four and the emer-
gency housing rent control law, in relation to prohibiting surcharges
for the installation or use of air conditioner units in housing accommo-
dations subject to rent regulation

 
PURPOSE:

This bill would prohibit a landlord from imposing a surcharge on a
tenant for the use of a tenant-installed air conditioning unit if the
tenant pays for the electric utility service.

 
SUMMARY OF PROVISIONS:

Section 1 amends the administrative code of the City of New York by
adding a new section 26-416 that would prohibit a landlord of any hous-

ing accommodation subject to rent regulation laws from imposing a
surcharge for the use of a tenant-installed air conditioning unit,
provided that the tenant pays for the electrical utility service.

Section 2 amends section 6 of section 4 of chapter 576 of the laws of
1974, constituting the emergency tenant protection act of nineteen
seventy-four, by adding a new subdivision that would prohibit a landlord
of any housing accommodation subject to rent regulation laws from impos-
ing a surcharge for the use of a tenant-installed air conditioning unit,
provided that the tenant pays for the electrical utility service.

Section 3 amends Section 26-512 of the administrative code of the City
of New York by adding a new subdivision that would prohibit a landlord
of any housing accommodation subject to such regulation laws from impos-
ing a surcharge for the use of a tenant-installed air conditioning unit,
provided that the tenant pays for the electrical utility service.

Section 4 amends subdivision 4 of section 4 of chapter 274 of the laws
of 1946, constituting the emergency housing rent control law, by adding
a new paragraph that would prohibit a landlord of any housing accommo-
dation subject to rent regulation laws from imposing a surcharge for the
use of a tenant-installed air conditioning unit, provided that the
tenant pays for the electrical utility service.

Section 5 sets the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The effective date has changed to reflect the passage of the Housing
Stability and Tenant Protection Act of 2019.

 
JUSTIFICATION:

Nearly half of all New Yorkers live below or close to the poverty line.
Accordingly, it is critical that New York City has protections in place
to safeguard its residents' basic necessities, one of the most important
of which is housing. With an average rent of over $1,000 in the City of
New York, programs that reduce the rent burden are essential. One impor-
tant example is New York City's system of rent stabilization, which
provides a variety of tenant protections to over 2 million people.

Despite the high need for these tenant protections, many landlords are
increasing the cost of housing by imposing non-rent fees on rent stabi-
lized tenants. One major example, and the focus of this bill, is a
surcharge for air conditioner units that tenants install in their apart-
ments. While this type of surcharge is sometimes allowed in accordance
with the operational bulletin 84-4 and Operational Bulletin 2005-01
issued by the NYS Division of Homes and Community Renewal, many land-
lords do not follow the regulations set forth in the Operational Bulle-
tin for when the surcharges can be applied.  Also, the purported ration-
ale was to take into account the increased wear on plumbing and
electrical systems and the increased utility costs paid by landlords but
these costs are already taken into account when calculating rent
increases each year.

Most of the time, landlords add these surcharges without meeting any of
the conditions set forth in Operational Bulletin, 2005-01. A recent
survey of rent stabilized tenants indicates that 68% were charged a
surcharge for their air conditioner or washing machine in the last year.
These surcharges can add hundreds of dollars to a tenant's rent, making
rent controlled and rent stabilized apartments unaffordable for low-in-
come New Yorkers. Because these costs are already accounted for in the
rent itself and to end the landlord's abuse of this system of appliance
surcharges, this bill is necessary to protect low-income tenants in the
City of New York and ensure that they are not being charged more than
they legally owe for rent. This extra cost raises rents and makes rent
controlled and rent stabilized apartments unaffordable for many New
Yorkers.

 
LEGISLATIVE HISTORY:

2019: 5.3318 - Passed the Senate/A.2675 - Referred to Housing
2017-2018: 5.2367 - Referred to Housing, Construction and Community
Development/A.1368 Referred to Housing
2015-2016: 5.3565 - Referred to Housing, Construction and Community
Development/A.416 Referred to Housing
2013-2014: S.6110 - Referred to Housing, Construction and Community
Development/A.8290 Referred to Housing

 
STATE AND LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided that: (a) section
26-416 of the city rent and rehabilitation law as added by section one
of this act shall remain in full force and effect only as long as the
public emergency requires 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 26-512 of chapter 4 of title 26 of the
administrative code of the city of New York, made by section three 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.

S3318A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3318--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 5, 2019
                               ___________

Introduced  by  Sens.  JACKSON, BIAGGI, GOUNARDES, LIU -- 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  commit-
  tee

AN  ACT  to  amend  the administrative code of the city of New York, the
  emergency tenant protection act of nineteen seventy-four and the emer-
  gency housing rent control law, in relation to prohibiting  surcharges
  for the installation or use of air conditioner units in housing accom-
  modations subject to rent regulation

  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 a new section 26-416 to read as follows:
  §  26-416  SURCHARGES  FOR  TENANT-INSTALLED  AIR  CONDITIONER  UNITS;
PROHIBITED. THE IMPOSITION OF ANY SURCHARGE FOR THE INSTALLATION AND USE
OF A TENANT-INSTALLED AIR  CONDITIONER  UNIT  IS  PROHIBITED  WHERE  THE
TENANT PAYS FOR ELECTRIC UTILITY SERVICE.
  §  2.  Section  6  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 g to read as follows:
  G.  NO  OWNER  OF A HOUSING ACCOMMODATION SUBJECT TO THE PROVISIONS OF
THIS SECTION SHALL IMPOSE ANY SURCHARGE FOR THE INSTALLATION AND USE  OF
A  TENANT-INSTALLED AIR CONDITIONER UNIT WHERE THE TENANT PAYS FOR ELEC-
TRIC UTILITY SERVICE.
  § 3. Section 26-512 of the administrative code of the city of New York
is amended by adding a new subdivision f to read as follows:
  F.  NO OWNER OF A HOUSING ACCOMMODATION SUBJECT TO THE  PROVISIONS  OF
THIS  LAW  SHALL  IMPOSE ANY SURCHARGE FOR THE INSTALLATION AND USE OF A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD00714-02-0

S. 3318--A                          2

TENANT-INSTALLED AIR CONDITIONER UNIT WHERE THE TENANT PAYS FOR ELECTRIC
UTILITY SERVICE.
  §  4.  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)  NO  OWNER OF A HOUSING ACCOMMODATION SUBJECT TO THE PROVISIONS OF
THIS LAW SHALL IMPOSE ANY SURCHARGE FOR THE INSTALLATION AND  USE  OF  A
TENANT-INSTALLED AIR CONDITIONER UNIT WHERE THE TENANT PAYS FOR ELECTRIC
UTILITY SERVICE.
  §  5.  This  act  shall  take effect immediately; provided that:   (a)
section 26-416 of the city rent  and  rehabilitation  law  as  added  by
section  one  of  this act shall remain in full force and effect only as
long as the public emergency requires  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 26-512 of chapter 4 of title 26  of  the
administrative  code  of  the city of New York, made by section three 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.

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The New York State Senate

senate Bill S3318A

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jul 23, 2020 - floor Vote

Floor Vote: Jul 23, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

Jun 18, 2019 - floor Vote

Floor Vote: Jun 18, 2019

Jun 18, 2019 - Rules committee Vote

Committee Vote: Jun 18, 2019

Bill Amendments

Co-Sponsors

S3318 - Details

S3318 - Summary

S3318 - Sponsor Memo

S3318 - Bill Text download pdf

Co-Sponsors

S3318A (ACTIVE) - Details

S3318A (ACTIVE) - Summary

S3318A (ACTIVE) - Sponsor Memo

S3318A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3318A

Share this bill

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jul 23, 2020 - floor Vote

Floor Vote: Jul 23, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

Jun 18, 2019 - floor Vote

Floor Vote: Jun 18, 2019

Jun 18, 2019 - Rules committee Vote

Committee Vote: Jun 18, 2019

Bill Amendments

Co-Sponsors

S3318 - Details

S3318 - Summary

S3318 - Sponsor Memo

S3318 - Bill Text download pdf

Co-Sponsors

S3318A (ACTIVE) - Details

S3318A (ACTIVE) - Summary

S3318A (ACTIVE) - Sponsor Memo

S3318A (ACTIVE) - Bill Text download pdf

Comments