NY State Senate Bill 2019-S3383A

Senate Bill S3383A

2019-2020 Legislative Session

Requires the division of housing and community renewal to publish an updated schedule of rent adjustments for all rent-stabilized units converted from master utility metering to individual utility metering

download bill text pdf

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
Mar 10, 2020	print number 3383a
Mar 10, 2020	amend (t) and recommit to housing, construction and community development
Jan 08, 2020	referred to housing, construction and community development
Feb 06, 2019	referred to housing, construction and community development

Bill Amendments

Original

A (Active)

2019-S3383 - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§26-511 & 26-405, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974; amd §4, Emerg Hous Rent Cont L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2349
2011-2012: S2389
2013-2014: S234
2015-2016: S189
2017-2018: S481, S7150
2021-2022: S3124

2019-S3383 - Summary

Requires the division of housing and community renewal to, within six months of each New York City housing and vacancy survey, publish an updated schedule of rent adjustments for all rent-stabilized units converted from master utility metering to individual utility metering; allows owners of buildings which are master metered for electricity and have rent inclusion of electricity to file applications to terminate the rent inclusion of electricity for such accommodations.

2019-S3383 - Sponsor Memo

                                
 
BILL NUMBER: S3383

SPONSOR: KAVANAGH
 
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 the termination of rent
inclusion of electricity for housing accommodations

 
PURPOSE:

The purpose of this bill is to require a specific timeline that the
Division of Housing and Community Renewal (DHCR) and the New York City
Rent Guidelines Board must adhere to when setting the rent reduction
schedules so that rent regulated apartments that have electricity
factored in to their base rent have a fair reduction at the time of
submetering.

 
SUMMARY OF PROVISIONS:

This legislation amends subdivision c of section 26-511 of the adminis-
trative code of the city of New York by adding a new paragraph 15,
amends section 26-405 of the administrative code of the city of New York
by adding a new subdivision n, amends subdivision d of section 6 of
section 4 of chapter 576 of the emergency tenant protection act by
adding a new paragraph 6, and amends section 4 of chapter 274 of the
emergency housing rent control law by adding a new subdivision 9

 
JUSTIFICATION:

Rent regulated tenants in master-metered buildings receive unlimited
electric current as a service included in the rent, and there is no
incentive to the tenants to moderate their consumption of electricity.
An incentive for moderation of such consumption is individual metering
of electricity (direct metering or submetering), as it makes each user
responsible for the cost of his or her own consumption. DHCR has thus,
encouraged owners of master-metered buildings to undergo the substantial
expense of converting their buildings to individual metering, thereby
transferring responsibility for the cost of their consumption of elec-
tricity to the tenants.  Recognizing that assuming the cost of their own
electricity could also be a financial burden on the tenants, DHCR has
sought to mitigate that burden by imposing building-wide rent reductions
as a condition to conversion.

DHCR has applied schedules of rent reductions for rent controlled and
rent stabilized housing accommodations that are converted to individual
utility metering. The schedules are derived from the New York City Rent
Guidelines Board's tabulation of data from the United States Census
Bureau's Housing and Vacancy Survey (HVS), which is updated every three
years. To ensure that the schedule of rent adjustments is updated in a
timely manner, this bill would require the New York City Rent Guidelines
Board to provide staff and assistance to DHCR to tabulate the data of
the HVS within 90 days of publication and DHCR to publish a schedule of
updated rent adjustments within 6 months of the publication.

 
LEGISLATIVE HISTORY:


2018: S7150/A1760 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY
DEVELOPMENT/ passed assembly
2017: S481/A1760 REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVEL-
OPMENT/ passed assembly
2016:  S189/A658 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY
DEVELOPMENT/ passed assembly
2015: S189/A658 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVEL-
OPMENT/ passed assembly

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
a. sections one, two, three and four of this act shall take effect on
the first of January next succeeding the date upon which it shall have
become a law, And shall apply to all fiscal years commencing on or after
such date;
b. the amendments to section 26-511 of the rent stabilization law of
nineteen hundred sixty-nine made by section one 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;
c. the amendments to section 26-405 of the city rent and rehabilitation
law made by section two of this act shall remain in full force and
effect only as long as and control of residential subdivision 3 of
section act;
d. the amendments to subdivision d of 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 shall not
affect the expiration of such act as provided in section 17 of chapter
576 of the laws of 1974; and
e. 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 1946.

2019-S3383 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3383
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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 the termination of rent
   inclusion of electricity for housing accommodations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision c of section 26-511 of the administrative code
 of  the city of New York is amended by adding a new paragraph 15 to read
 as follows:
   (15) PROVIDES THAT OWNERS OF BUILDINGS WHICH ARE  MASTER  METERED  FOR
 ELECTRICITY AND HAVE RENT INCLUSION OF ELECTRICITY MAY FILE APPLICATIONS
 TO  TERMINATE  THE  RENT INCLUSION OF ELECTRICITY FOR THE ACCOMMODATIONS
 SUBJECT TO THIS SECTION.
   (A) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL FORMULATE  AND
 PUBLISH A SCHEDULE OF RENT ADJUSTMENTS OR UPDATE THE SCHEDULE OF ADJUST-
 MENTS  WITHIN SIX MONTHS OF THE PUBLICATION OF A NEW HOUSING AND VACANCY
 SURVEY BY THE UNITED STATES CENSUS BUREAU. THE SCHEDULE OR UPDATED SCHE-
 DULE OF RENT ADJUSTMENTS SHALL BE BASED ON THE NEW SURVEY DATA AS  TABU-
 LATED  BY THE NEW YORK CITY RENT GUIDELINES BOARD, GOVERNING THE RATE BY
 WHICH THE RENT OF REGULATED HOUSING  ACCOMMODATIONS  SHALL  BE  ADJUSTED
 UPON  AND  AFTER  CONVERSION  TO  INDIVIDUAL METERING AT THE BUILDING BY
 MEANS OF EITHER DIRECT METERING OR SUBMETERING. THE DIVISION OF  HOUSING
 AND  COMMUNITY  RENEWAL  SHALL PROMULGATE AN OPERATIONAL BULLETIN AND/OR
 MODIFY OR AMEND ITS REGULATIONS AS MAY BE NECESSARY TO  GIVE  EFFECT  TO
 THE PROVISIONS OF THIS PARAGRAPH.
   (B)  THE  NEW  YORK CITY RENT GUIDELINES BOARD SHALL PROVIDE STAFF AND
 ASSISTANCE TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, BY TABULAT-
 ING THE DATA OF THE TRIENNIAL NEW YORK CITY HOUSING AND  VACANCY  SURVEY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02450-01-9

 S. 3383                             2
 
 PRODUCED BY THE UNITED STATES CENSUS BUREAU WITHIN NINETY DAYS OF PUBLI-
 CATION  AND  PROVIDING THE DIVISION OF HOUSING AND COMMUNITY RENEWAL THE
 DATA NECESSARY TO PROMULGATE A SCHEDULE OF RENT ADJUSTMENTS.
   (C) THE SCHEDULE OF RENT REDUCTIONS SHALL APPLY TO ALL RENT STABILIZED
 ACCOMMODATION  UNITS  IN  A  BUILDING  THAT CONVERTS FROM MASTER UTILITY
 METERING TO INDIVIDUAL UTILITY METERING BY MEANS OF EITHER DIRECT METER-
 ING OR SUBMETERING, AND SHALL TAKE EFFECT DURING THE YEAR IN  WHICH  THE
 METERING IN THE BUILDING IS CONVERTED AND CONTINUE EACH YEAR THEREAFTER.
   (D)  AFTER  THE CONVERSION, ALL TENANTS SHALL BE RESPONSIBLE FOR THEIR
 OWN ELECTRIC CONSUMPTION EXCEPT THOSE WHO, ON THE  DATE  OF  CONVERSION,
 ARE  RECEIVING  A SENIOR CITIZEN RENT INCREASE EXEMPTION OR A DISABILITY
 RENT INCREASE EXEMPTION PURSUANT TO SECTION 26-509 OF THIS CHAPTER.  FOR
 SUCH  TENANTS  THE RENT SHALL NOT BE REDUCED AND THE COST OF ELECTRICITY
 SHALL REMAIN INCLUDED IN THE RENT; HOWEVER, THE OWNER  MAY  INSTALL  ANY
 EQUIPMENT  IN  SUCH  TENANT'S  HOUSING  ACCOMMODATION AS IS REQUIRED FOR
 EFFECTUATION OF THE ELECTRICAL CONVERSION.  IF  SUCH  TENANT  NO  LONGER
 RECEIVES  SUCH  BENEFIT  OR VACATES THE HOUSING ACCOMMODATION, THE OWNER
 SHALL REDUCE THE LEGAL REGULATED RENT FOR THE HOUSING  ACCOMMODATION  IN
 ACCORDANCE  WITH THE THEN-CURRENT SCHEDULE OF RENT REDUCTIONS AS PROMUL-
 GATED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
   (E) NOTHING IN THIS PARAGRAPH SHALL  BE  CONSTRUED  TO  PERMIT  SHARED
 METERING.
   § 2. Section 26-405 of the administrative code of the city of New York
 is amended by adding a new subdivision n to read as follows:
   N.  SCHEDULE OF RENT REDUCTIONS; INDIVIDUAL ELECTRIC METERING.  OWNERS
 OF BUILDINGS WHICH ARE MASTER METERED  FOR  ELECTRICITY  AND  HAVE  RENT
 INCLUSION  OF  ELECTRICITY  MAY  FILE APPLICATIONS TO TERMINATE THE RENT
 INCLUSION OF ELECTRICITY FOR THE ACCOMMODATIONS SUBJECT TO THIS SECTION.
   (1) THE CITY RENT AGENCY SHALL FORMULATE AND  PUBLISH  A  SCHEDULE  OF
 RENT ADJUSTMENTS OR UPDATE THE SCHEDULE OF ADJUSTMENTS WITHIN SIX MONTHS
 OF  THE  PUBLICATION  OF  A NEW HOUSING AND VACANCY SURVEY BY THE UNITED
 STATES CENSUS BUREAU. THE SCHEDULE OR UPDATED SCHEDULE OF  RENT  ADJUST-
 MENTS SHALL BE BASED ON THE NEW SURVEY DATA AS TABULATED BY THE NEW YORK
 CITY  RENT  GUIDELINES  BOARD,  GOVERNING  THE RATE BY WHICH THE RENT OF
 REGULATED HOUSING  ACCOMMODATIONS  SHALL  BE  ADJUSTED  UPON  AND  AFTER
 CONVERSION  TO  INDIVIDUAL  METERING  AT THE BUILDING BY MEANS OF EITHER
 DIRECT METERING OR SUBMETERING. THE CITY RENT AGENCY SHALL PROMULGATE AN
 OPERATIONAL BULLETIN AND/OR MODIFY OR AMEND ITS REGULATIONS  AS  MAY  BE
 NECESSARY TO GIVE EFFECT TO THE PROVISIONS OF THIS SUBDIVISION.
   (2)  THE  NEW  YORK CITY RENT GUIDELINES BOARD SHALL PROVIDE STAFF AND
 ASSISTANCE TO THE CITY RENT AGENCY, BY TABULATING THE DATA OF THE TRIEN-
 NIAL NEW YORK CITY HOUSING AND VACANCY SURVEY  PRODUCED  BY  THE  UNITED
 STATES CENSUS BUREAU WITHIN NINETY DAYS OF PUBLICATION AND PROVIDING THE
 CITY  RENT  AGENCY  THE  DATA NECESSARY TO PROMULGATE A SCHEDULE OF RENT
 ADJUSTMENTS.
   (3) THE SCHEDULE OF RENT REDUCTIONS SHALL APPLY TO ALL RENT CONTROLLED
 ACCOMMODATION UNITS IN A BUILDING  THAT  CONVERTS  FROM  MASTER  UTILITY
 METERING TO INDIVIDUAL UTILITY METERING BY MEANS OF EITHER DIRECT METER-
 ING  OR  SUBMETERING, AND SHALL TAKE EFFECT DURING THE YEAR IN WHICH THE
 METERING IN THE BUILDING IS CONVERTED AND CONTINUE EACH YEAR THEREAFTER.
   (4) AFTER THE CONVERSION, ALL TENANTS SHALL BE RESPONSIBLE  FOR  THEIR
 OWN  ELECTRIC  CONSUMPTION  EXCEPT THOSE WHO, ON THE DATE OF CONVERSION,
 ARE RECEIVING A SENIOR CITIZEN RENT INCREASE EXEMPTION OR  A  DISABILITY
 RENT  INCREASE EXEMPTION PURSUANT TO SECTION 26-406 OF THIS CHAPTER. FOR
 SUCH TENANTS THE RENT SHALL NOT BE REDUCED AND THE COST  OF  ELECTRICITY
 SHALL  REMAIN  INCLUDED  IN THE RENT; HOWEVER, THE OWNER MAY INSTALL ANY

 S. 3383                             3
 
 EQUIPMENT IN SUCH TENANT'S HOUSING  ACCOMMODATION  AS  IS  REQUIRED  FOR
 EFFECTUATION  OF  THE  ELECTRICAL  CONVERSION.  IF SUCH TENANT NO LONGER
 RECEIVES SUCH BENEFIT OR VACATES THE HOUSING  ACCOMMODATION,  THE  OWNER
 SHALL  REDUCE  THE MAXIMUM RENT FOR THE HOUSING ACCOMMODATION IN ACCORD-
 ANCE WITH THE THEN-CURRENT SCHEDULE OF RENT REDUCTIONS AS PROMULGATED BY
 THE CITY RENT AGENCY.
   (5) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED  TO  PERMIT  SHARED
 METERING.
   §  3.  Subdivision  d  of section 6 of section 4 of chapter 576 of the
 laws of 1974, constituting the emergency tenant protection act of  nine-
 teen  seventy-four,  is  amended  by adding a new paragraph 6 to read as
 follows:
   (6) OWNERS OF BUILDINGS WHICH ARE MASTER METERED FOR  ELECTRICITY  AND
 HAVE  RENT  INCLUSION  OF ELECTRICITY MAY FILE APPLICATIONS TO TERMINATE
 THE RENT INCLUSION OF ELECTRICITY FOR THE ACCOMMODATIONS SUBJECT TO THIS
 SECTION.
   (I) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL FORMULATE  AND
 PUBLISH A SCHEDULE OF RENT ADJUSTMENTS OR UPDATE THE SCHEDULE OF ADJUST-
 MENTS  WITHIN SIX MONTHS OF THE PUBLICATION OF A NEW HOUSING AND VACANCY
 SURVEY BY THE UNITED STATES CENSUS BUREAU. THE SCHEDULE OR UPDATED SCHE-
 DULE OF RENT ADJUSTMENTS SHALL BE BASED ON THE NEW SURVEY DATA AS  TABU-
 LATED  BY THE NEW YORK CITY RENT GUIDELINES BOARD, GOVERNING THE RATE BY
 WHICH THE RENT OF REGULATED HOUSING  ACCOMMODATIONS  SHALL  BE  ADJUSTED
 UPON  AND  AFTER  CONVERSION  TO  INDIVIDUAL METERING AT THE BUILDING BY
 MEANS OF EITHER DIRECT METERING OR SUBMETERING. THE DIVISION OF  HOUSING
 AND  COMMUNITY  RENEWAL  SHALL PROMULGATE AN OPERATIONAL BULLETIN AND/OR
 MODIFY OR AMEND ITS REGULATIONS AS MAY BE NECESSARY TO  GIVE  EFFECT  TO
 THE PROVISIONS OF THIS PARAGRAPH.
   (II)  THE  NEW YORK CITY RENT GUIDELINES BOARD SHALL PROVIDE STAFF AND
 ASSISTANCE TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, BY TABULAT-
 ING THE DATA OF THE TRIENNIAL NEW YORK CITY HOUSING AND  VACANCY  SURVEY
 PRODUCED BY THE UNITED STATES CENSUS BUREAU WITHIN NINETY DAYS OF PUBLI-
 CATION  AND  PROVIDING THE DIVISION OF HOUSING AND COMMUNITY RENEWAL THE
 DATA NECESSARY TO PROMULGATE A SCHEDULE OF RENT ADJUSTMENTS.
   (III) THE SCHEDULE OF RENT REDUCTIONS SHALL APPLY TO ALL  RENT  STABI-
 LIZED ACCOMMODATION UNITS IN A BUILDING THAT CONVERTS FROM MASTER UTILI-
 TY  METERING  TO  INDIVIDUAL  UTILITY METERING BY MEANS OF EITHER DIRECT
 METERING OR SUBMETERING, AND SHALL TAKE EFFECT DURING THE YEAR IN  WHICH
 THE  METERING IN THE BUILDING IS CONVERTED AND CONTINUE EACH YEAR THERE-
 AFTER.
   (IV) AFTER THE CONVERSION, ALL TENANTS SHALL BE RESPONSIBLE FOR  THEIR
 OWN  ELECTRIC  CONSUMPTION  EXCEPT THOSE WHO, ON THE DATE OF CONVERSION,
 ARE RECEIVING A SENIOR CITIZEN RENT INCREASE EXEMPTION OR  A  DISABILITY
 RENT INCREASE EXEMPTION PURSUANT TO A LOCAL LAW, ORDINANCE OR RESOLUTION
 AS  AUTHORIZED  BY  SECTION 467-B OF THE REAL PROPERTY TAX LAW. FOR SUCH
 TENANTS THE RENT SHALL NOT BE REDUCED AND THE COST OF ELECTRICITY  SHALL
 REMAIN  INCLUDED  IN THE RENT; HOWEVER, THE OWNER MAY INSTALL ANY EQUIP-
 MENT IN SUCH TENANT'S HOUSING ACCOMMODATION AS IS REQUIRED FOR EFFECTUA-
 TION OF THE ELECTRICAL CONVERSION. IF SUCH  TENANT  NO  LONGER  RECEIVES
 SUCH  BENEFIT  OR  VACATES  THE  HOUSING  ACCOMMODATION, THE OWNER SHALL
 REDUCE THE LEGAL REGULATED RENT FOR THE HOUSING ACCOMMODATION IN ACCORD-
 ANCE WITH THE THEN-CURRENT SCHEDULE OF RENT REDUCTIONS AS PROMULGATED BY
 THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
   (V) NOTHING IN THIS PARAGRAPH SHALL  BE  CONSTRUED  TO  PERMIT  SHARED
 METERING.

 S. 3383                             4

   §  4.  Section  4 of chapter 274 of the laws of 1946, constituting the
 emergency housing rent control law, is amended by adding a new  subdivi-
 sion 9 to read as follows:
   9.    OWNERS OF BUILDINGS WHICH ARE MASTER METERED FOR ELECTRICITY AND
 HAVE RENT INCLUSION OF ELECTRICITY MAY FILE  APPLICATIONS  TO  TERMINATE
 THE RENT INCLUSION OF ELECTRICITY FOR THE ACCOMMODATIONS SUBJECT TO THIS
 SECTION.
   (1)  THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL FORMULATE AND
 PUBLISH A SCHEDULE OF RENT ADJUSTMENTS OR UPDATE THE SCHEDULE OF ADJUST-
 MENTS WITHIN SIX MONTHS OF THE PUBLICATION OF A NEW HOUSING AND  VACANCY
 SURVEY BY THE UNITED STATES CENSUS BUREAU. THE SCHEDULE OR UPDATED SCHE-
 DULE  OF RENT ADJUSTMENTS SHALL BE BASED ON THE NEW SURVEY DATA AS TABU-
 LATED BY THE NEW YORK CITY RENT GUIDELINES BOARD, GOVERNING THE RATE  BY
 WHICH  THE  RENT  OF  REGULATED HOUSING ACCOMMODATIONS SHALL BE ADJUSTED
 UPON AND AFTER CONVERSION TO INDIVIDUAL  METERING  AT  THE  BUILDING  BY
 MEANS  OF EITHER DIRECT METERING OR SUBMETERING. THE DIVISION OF HOUSING
 AND COMMUNITY RENEWAL SHALL PROMULGATE AN  OPERATIONAL  BULLETIN  AND/OR
 MODIFY  OR  AMEND  ITS REGULATIONS AS MAY BE NECESSARY TO GIVE EFFECT TO
 THE PROVISIONS OF THIS SUBDIVISION.
   (2) THE NEW YORK CITY RENT GUIDELINES BOARD SHALL  PROVIDE  STAFF  AND
 ASSISTANCE TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, BY TABULAT-
 ING  THE  DATA OF THE TRIENNIAL NEW YORK CITY HOUSING AND VACANCY SURVEY
 PRODUCED BY THE UNITED STATES CENSUS BUREAU WITHIN NINETY DAYS OF PUBLI-
 CATION AND PROVIDING THE DIVISION OF HOUSING AND COMMUNITY  RENEWAL  THE
 DATA NECESSARY TO PROMULGATE A SCHEDULE OF RENT ADJUSTMENTS.
   (3) THE SCHEDULE OF RENT REDUCTIONS SHALL APPLY TO ALL RENT CONTROLLED
 ACCOMMODATION  UNITS  IN  A  BUILDING  THAT CONVERTS FROM MASTER UTILITY
 METERING TO INDIVIDUAL UTILITY METERING BY MEANS OF EITHER DIRECT METER-
 ING OR SUBMETERING, AND SHALL TAKE EFFECT DURING THE YEAR IN  WHICH  THE
 METERING IN THE BUILDING IS CONVERTED AND CONTINUE EACH YEAR THEREAFTER.
   (4)  AFTER  THE CONVERSION, ALL TENANTS SHALL BE RESPONSIBLE FOR THEIR
 OWN ELECTRIC CONSUMPTION EXCEPT THOSE WHO, ON THE  DATE  OF  CONVERSION,
 ARE  RECEIVING  A SENIOR CITIZEN RENT INCREASE EXEMPTION OR A DISABILITY
 RENT INCREASE EXEMPTION PURSUANT TO A LOCAL LAW, ORDINANCE OR RESOLUTION
 AS AUTHORIZED BY SECTION 467-B OF THE REAL PROPERTY TAX  LAW.  FOR  SUCH
 TENANTS  THE RENT SHALL NOT BE REDUCED AND THE COST OF ELECTRICITY SHALL
 REMAIN INCLUDED IN THE RENT; HOWEVER, THE OWNER MAY INSTALL  ANY  EQUIP-
 MENT IN SUCH TENANT'S HOUSING ACCOMMODATION AS IS REQUIRED FOR EFFECTUA-
 TION  OF  THE  ELECTRICAL  CONVERSION. IF SUCH TENANT NO LONGER RECEIVES
 SUCH BENEFIT OR VACATES  THE  HOUSING  ACCOMMODATION,  THE  OWNER  SHALL
 REDUCE THE MAXIMUM RENT FOR THE HOUSING ACCOMMODATION IN ACCORDANCE WITH
 THE THEN-CURRENT SCHEDULE OF RENT REDUCTIONS AS PROMULGATED BY THE DIVI-
 SION OF HOUSING AND COMMUNITY RENEWAL.
   (5)  NOTHING  IN  THIS SUBDIVISION SHALL BE CONSTRUED TO PERMIT SHARED
 METERING.
   § 5. This act shall take effect immediately; provided that:
   a. sections one, two, three and four of this act shall take effect  on
 the  first  of January next succeeding the date upon which it shall have
 become a law, and shall apply to all fiscal years commencing on or after
 such date;
   b. the amendments to section 26-511 of the rent stabilization  law  of
 nineteen hundred sixty-nine made by section one 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;
   c.  the  amendments  to  section 26-405 of the city rent and rehabili-
 tation law made by section two of this act shall remain  in  full  force

 S. 3383                             5
 
 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;
   d.  the  amendments  to  subdivision  d  of 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 shall not
 affect  the  expiration of such act as provided in section 17 of chapter
 576 of the laws of 1974; and
   e. 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.

2019-S3383A (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§26-511 & 26-405, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974; amd §4, Emerg Hous Rent Cont L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2349
2011-2012: S2389
2013-2014: S234
2015-2016: S189
2017-2018: S481, S7150
2021-2022: S3124

2019-S3383A (ACTIVE) - Summary

2019-S3383A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3383A

SPONSOR: KAVANAGH
 
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 requiring the division of
housing and community renewal to, within six months of each New York
city housing and vacancy survey, publish an updated schedule of rent
adjustments for all rent-stabilized units converted from master utility
metering to individual utility metering

 
PURPOSE:

The purpose of this bill is to require a specific timeline that the
Division of Housing and Community Renewal (DHCR) and the New York City
Rent Guidelines Board must adhere to when setting the rent reduction
schedules so that rent regulated apartments that have electricity
factored in to their base rent have a fair reduction at the time of
submetering.

 
SUMMARY OF PROVISIONS:

This legislation amends subdivision c of section 26-511 of the adminis-
trative code of the city of New York by adding a new paragraph 15,
amends section 26-405 of the administrative code of the city of New York
by adding a new subdivision n, amends subdivision d of section 6 of
section 4 of chapter 576 of the emergency tenant protection act by
adding a new paragraph 6, and amends section 4 of chapter 274 of the
emergency housing rent control law by adding a new subdivision 9

 
JUSTIFICATION:

Rent regulated tenants in master-metered buildings receive unlimited
electric current as a service included in the rent, and there is no
incentive to the tenants to moderate their consumption of electricity.
An incentive for moderation of such consumption is individual metering
of electricity (direct metering or submetering), as it makes each user
responsible for the cost of his or her own consumption. DHCR has thus,
encouraged owners of master-metered buildings to undergo the substantial
expense of converting their buildings to individual metering, thereby
transferring responsibility for the cost of their consumption of elec-
tricity to the tenants.  Recognizing that assuming the cost of their own
electricity could also be a financial burden on the tenants, DHCR has
sought to mitigate that burden by imposing building-wide rent reductions
as a condition to conversion.

DHCR has applied schedules of rent reductions for rent controlled and
rent stabilized housing accommodations that are converted to individual
utility metering. The schedules are derived from the New York City Rent
Guidelines Board's tabulation of data from the United States Census
Bureau's Housing and Vacancy Survey (HVS), which is updated every three
years. To ensure that the schedule of rent adjustments is updated in a
timely manner, this bill would require the New York City Rent Guidelines
Board to provide staff and assistance to DHCR to tabulate the data of
the HVS within 90 days of publication and DHCR to publish a schedule of
updated rent adjustments within 6 months of the publication.

 
LEGISLATIVE HISTORY:

2018: S7150/A1760 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY
DEVELOPMENT/ passed assembly
2017: S481/A1760 REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVEL-
OPMENT/ passed assembly
2016: S189/A658 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVEL-
OPMENT/ passed assembly
2015: S189/A658 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVEL-
OPMENT/ passed assembly

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
a. sections one, two, three and four of this act shall take effect on
the first of January next succeeding the date upon which it shall have
become a law, And shall apply to all fiscal years commencing on or after
such date;
b. the amendments to section 26-511 of the rent stabilization law of
nineteen hundred sixty-nine made by section one 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;
c. the amendments to section 26-405 of the city rent and rehabilitation
law made by section two of this act shall remain in full force and
effect only as long as and control of residential subdivision 3 of
section act;
d. the amendments to subdivision d of 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 shall not
affect the expiration of such act as provided in section 17 of chapter
576 of the laws of 1974; and
e. 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 1946.

2019-S3383A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3383--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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,  the
   emergency tenant protection act of nineteen seventy-four and the emer-
   gency  housing rent control law, in relation to requiring the division
   of housing and community renewal to, within six  months  of  each  New
   York  city  housing and vacancy survey, publish an updated schedule of
   rent adjustments for all rent-stabilized units converted  from  master
   utility metering to individual utility metering
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision c of section 26-511 of the administrative code
 of the city of New York is amended by adding a new paragraph 15 to  read
 as follows:
   (15)  PROVIDES  THAT  OWNERS OF BUILDINGS WHICH ARE MASTER METERED FOR
 ELECTRICITY AND HAVE RENT INCLUSION OF ELECTRICITY MAY FILE APPLICATIONS
 TO TERMINATE THE RENT INCLUSION OF ELECTRICITY  FOR  THE  ACCOMMODATIONS
 SUBJECT TO THIS SECTION.
   (A)  THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL FORMULATE AND
 PUBLISH A SCHEDULE OF RENT ADJUSTMENTS OR UPDATE THE SCHEDULE OF ADJUST-
 MENTS WITHIN SIX MONTHS OF THE PUBLICATION OF A NEW HOUSING AND  VACANCY
 SURVEY BY THE UNITED STATES CENSUS BUREAU. THE SCHEDULE OR UPDATED SCHE-
 DULE  OF RENT ADJUSTMENTS SHALL BE BASED ON THE NEW SURVEY DATA AS TABU-
 LATED BY THE NEW YORK CITY RENT GUIDELINES BOARD, GOVERNING THE RATE  BY
 WHICH  THE  RENT  OF  REGULATED HOUSING ACCOMMODATIONS SHALL BE ADJUSTED
 UPON AND AFTER CONVERSION TO INDIVIDUAL  METERING  AT  THE  BUILDING  BY
 MEANS  OF EITHER DIRECT METERING OR SUBMETERING. THE DIVISION OF HOUSING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02450-02-0

 S. 3383--A                          2
 
 AND COMMUNITY RENEWAL SHALL PROMULGATE AN  OPERATIONAL  BULLETIN  AND/OR
 MODIFY  OR  AMEND  ITS REGULATIONS AS MAY BE NECESSARY TO GIVE EFFECT TO
 THE PROVISIONS OF THIS PARAGRAPH.
   (B)  THE  NEW  YORK CITY RENT GUIDELINES BOARD SHALL PROVIDE STAFF AND
 ASSISTANCE TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, BY TABULAT-
 ING THE DATA OF THE TRIENNIAL NEW YORK CITY HOUSING AND  VACANCY  SURVEY
 PRODUCED BY THE UNITED STATES CENSUS BUREAU WITHIN NINETY DAYS OF PUBLI-
 CATION  AND  PROVIDING THE DIVISION OF HOUSING AND COMMUNITY RENEWAL THE
 DATA NECESSARY TO PROMULGATE A SCHEDULE OF RENT ADJUSTMENTS.
   (C) THE SCHEDULE OF RENT REDUCTIONS SHALL APPLY TO ALL RENT STABILIZED
 ACCOMMODATION UNITS IN A BUILDING  THAT  CONVERTS  FROM  MASTER  UTILITY
 METERING TO INDIVIDUAL UTILITY METERING BY MEANS OF EITHER DIRECT METER-
 ING  OR  SUBMETERING, AND SHALL TAKE EFFECT DURING THE YEAR IN WHICH THE
 METERING IN THE BUILDING IS CONVERTED AND CONTINUE EACH YEAR THEREAFTER.
   (D) AFTER THE CONVERSION, ALL TENANTS SHALL BE RESPONSIBLE  FOR  THEIR
 OWN  ELECTRIC  CONSUMPTION  EXCEPT THOSE WHO, ON THE DATE OF CONVERSION,
 ARE RECEIVING A SENIOR CITIZEN RENT INCREASE EXEMPTION OR  A  DISABILITY
 RENT  INCREASE EXEMPTION PURSUANT TO SECTION 26-509 OF THIS CHAPTER. FOR
 SUCH TENANTS THE RENT SHALL NOT BE REDUCED AND THE COST  OF  ELECTRICITY
 SHALL  REMAIN  INCLUDED  IN THE RENT; HOWEVER, THE OWNER MAY INSTALL ANY
 EQUIPMENT IN SUCH TENANT'S HOUSING  ACCOMMODATION  AS  IS  REQUIRED  FOR
 EFFECTUATION  OF  THE  ELECTRICAL  CONVERSION.  IF SUCH TENANT NO LONGER
 RECEIVES SUCH BENEFIT OR VACATES THE HOUSING  ACCOMMODATION,  THE  OWNER
 SHALL  REDUCE  THE LEGAL REGULATED RENT FOR THE HOUSING ACCOMMODATION IN
 ACCORDANCE WITH THE THEN-CURRENT SCHEDULE OF RENT REDUCTIONS AS  PROMUL-
 GATED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
   (E)  NOTHING  IN  THIS  PARAGRAPH  SHALL BE CONSTRUED TO PERMIT SHARED
 METERING.
   § 2. Section 26-405 of the administrative code of the city of New York
 is amended by adding a new subdivision n to read as follows:
   N. SCHEDULE OF RENT REDUCTIONS; INDIVIDUAL ELECTRIC METERING.   OWNERS
 OF  BUILDINGS  WHICH  ARE  MASTER  METERED FOR ELECTRICITY AND HAVE RENT
 INCLUSION OF ELECTRICITY MAY FILE APPLICATIONS  TO  TERMINATE  THE  RENT
 INCLUSION OF ELECTRICITY FOR THE ACCOMMODATIONS SUBJECT TO THIS SECTION.
   (1)  THE  CITY  RENT  AGENCY SHALL FORMULATE AND PUBLISH A SCHEDULE OF
 RENT ADJUSTMENTS OR UPDATE THE SCHEDULE OF ADJUSTMENTS WITHIN SIX MONTHS
 OF THE PUBLICATION OF A NEW HOUSING AND VACANCY  SURVEY  BY  THE  UNITED
 STATES  CENSUS  BUREAU. THE SCHEDULE OR UPDATED SCHEDULE OF RENT ADJUST-
 MENTS SHALL BE BASED ON THE NEW SURVEY DATA AS TABULATED BY THE NEW YORK
 CITY RENT GUIDELINES BOARD, GOVERNING THE RATE  BY  WHICH  THE  RENT  OF
 REGULATED  HOUSING  ACCOMMODATIONS  SHALL  BE  ADJUSTED  UPON  AND AFTER
 CONVERSION TO INDIVIDUAL METERING AT THE BUILDING  BY  MEANS  OF  EITHER
 DIRECT METERING OR SUBMETERING. THE CITY RENT AGENCY SHALL PROMULGATE AN
 OPERATIONAL  BULLETIN  AND/OR  MODIFY OR AMEND ITS REGULATIONS AS MAY BE
 NECESSARY TO GIVE EFFECT TO THE PROVISIONS OF THIS SUBDIVISION.
   (2) THE NEW YORK CITY RENT GUIDELINES BOARD SHALL  PROVIDE  STAFF  AND
 ASSISTANCE TO THE CITY RENT AGENCY, BY TABULATING THE DATA OF THE TRIEN-
 NIAL  NEW  YORK  CITY  HOUSING AND VACANCY SURVEY PRODUCED BY THE UNITED
 STATES CENSUS BUREAU WITHIN NINETY DAYS OF PUBLICATION AND PROVIDING THE
 CITY RENT AGENCY THE DATA NECESSARY TO PROMULGATE  A  SCHEDULE  OF  RENT
 ADJUSTMENTS.
   (3) THE SCHEDULE OF RENT REDUCTIONS SHALL APPLY TO ALL RENT CONTROLLED
 ACCOMMODATION  UNITS  IN  A  BUILDING  THAT CONVERTS FROM MASTER UTILITY
 METERING TO INDIVIDUAL UTILITY METERING BY MEANS OF EITHER DIRECT METER-
 ING OR SUBMETERING, AND SHALL TAKE EFFECT DURING THE YEAR IN  WHICH  THE
 METERING IN THE BUILDING IS CONVERTED AND CONTINUE EACH YEAR THEREAFTER.

 S. 3383--A                          3

   (4)  AFTER  THE CONVERSION, ALL TENANTS SHALL BE RESPONSIBLE FOR THEIR
 OWN ELECTRIC CONSUMPTION EXCEPT THOSE WHO, ON THE  DATE  OF  CONVERSION,
 ARE  RECEIVING  A SENIOR CITIZEN RENT INCREASE EXEMPTION OR A DISABILITY
 RENT INCREASE EXEMPTION PURSUANT TO SECTION 26-406 OF THIS CHAPTER.  FOR
 SUCH  TENANTS  THE RENT SHALL NOT BE REDUCED AND THE COST OF ELECTRICITY
 SHALL REMAIN INCLUDED IN THE RENT; HOWEVER, THE OWNER  MAY  INSTALL  ANY
 EQUIPMENT  IN  SUCH  TENANT'S  HOUSING  ACCOMMODATION AS IS REQUIRED FOR
 EFFECTUATION OF THE ELECTRICAL CONVERSION.  IF  SUCH  TENANT  NO  LONGER
 RECEIVES  SUCH  BENEFIT  OR VACATES THE HOUSING ACCOMMODATION, THE OWNER
 SHALL REDUCE THE MAXIMUM RENT FOR THE HOUSING ACCOMMODATION  IN  ACCORD-
 ANCE WITH THE THEN-CURRENT SCHEDULE OF RENT REDUCTIONS AS PROMULGATED BY
 THE CITY RENT AGENCY.
   (5)  NOTHING  IN  THIS SUBDIVISION SHALL BE CONSTRUED TO PERMIT SHARED
 METERING.
   § 3. Subdivision d of section 6 of section 4 of  chapter  576  of  the
 laws  of 1974, constituting the emergency tenant protection act of nine-
 teen seventy-four, is amended by adding a new paragraph  6  to  read  as
 follows:
   (6)  OWNERS  OF BUILDINGS WHICH ARE MASTER METERED FOR ELECTRICITY AND
 HAVE RENT INCLUSION OF ELECTRICITY MAY FILE  APPLICATIONS  TO  TERMINATE
 THE RENT INCLUSION OF ELECTRICITY FOR THE ACCOMMODATIONS SUBJECT TO THIS
 SECTION.
   (I)  THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL FORMULATE AND
 PUBLISH A SCHEDULE OF RENT ADJUSTMENTS OR UPDATE THE SCHEDULE OF ADJUST-
 MENTS WITHIN SIX MONTHS OF THE PUBLICATION OF A NEW HOUSING AND  VACANCY
 SURVEY BY THE UNITED STATES CENSUS BUREAU. THE SCHEDULE OR UPDATED SCHE-
 DULE  OF RENT ADJUSTMENTS SHALL BE BASED ON THE NEW SURVEY DATA AS TABU-
 LATED BY THE NEW YORK CITY RENT GUIDELINES BOARD, GOVERNING THE RATE  BY
 WHICH  THE  RENT  OF  REGULATED HOUSING ACCOMMODATIONS SHALL BE ADJUSTED
 UPON AND AFTER CONVERSION TO INDIVIDUAL  METERING  AT  THE  BUILDING  BY
 MEANS  OF EITHER DIRECT METERING OR SUBMETERING. THE DIVISION OF HOUSING
 AND COMMUNITY RENEWAL SHALL PROMULGATE AN  OPERATIONAL  BULLETIN  AND/OR
 MODIFY  OR  AMEND  ITS REGULATIONS AS MAY BE NECESSARY TO GIVE EFFECT TO
 THE PROVISIONS OF THIS PARAGRAPH.
   (II) THE NEW YORK CITY RENT GUIDELINES BOARD SHALL PROVIDE  STAFF  AND
 ASSISTANCE TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, BY TABULAT-
 ING  THE  DATA OF THE TRIENNIAL NEW YORK CITY HOUSING AND VACANCY SURVEY
 PRODUCED BY THE UNITED STATES CENSUS BUREAU WITHIN NINETY DAYS OF PUBLI-
 CATION AND PROVIDING THE DIVISION OF HOUSING AND COMMUNITY  RENEWAL  THE
 DATA NECESSARY TO PROMULGATE A SCHEDULE OF RENT ADJUSTMENTS.
   (III)  THE  SCHEDULE OF RENT REDUCTIONS SHALL APPLY TO ALL RENT STABI-
 LIZED ACCOMMODATION UNITS IN A BUILDING THAT CONVERTS FROM MASTER UTILI-
 TY METERING TO INDIVIDUAL UTILITY METERING BY  MEANS  OF  EITHER  DIRECT
 METERING  OR SUBMETERING, AND SHALL TAKE EFFECT DURING THE YEAR IN WHICH
 THE METERING IN THE BUILDING IS CONVERTED AND CONTINUE EACH YEAR  THERE-
 AFTER.
   (IV)  AFTER THE CONVERSION, ALL TENANTS SHALL BE RESPONSIBLE FOR THEIR
 OWN ELECTRIC CONSUMPTION EXCEPT THOSE WHO, ON THE  DATE  OF  CONVERSION,
 ARE  RECEIVING  A SENIOR CITIZEN RENT INCREASE EXEMPTION OR A DISABILITY
 RENT INCREASE EXEMPTION PURSUANT TO A LOCAL LAW, ORDINANCE OR RESOLUTION
 AS AUTHORIZED BY SECTION 467-B OF THE REAL PROPERTY TAX  LAW.  FOR  SUCH
 TENANTS  THE RENT SHALL NOT BE REDUCED AND THE COST OF ELECTRICITY SHALL
 REMAIN INCLUDED IN THE RENT; HOWEVER, THE OWNER MAY INSTALL  ANY  EQUIP-
 MENT IN SUCH TENANT'S HOUSING ACCOMMODATION AS IS REQUIRED FOR EFFECTUA-
 TION  OF  THE  ELECTRICAL  CONVERSION. IF SUCH TENANT NO LONGER RECEIVES
 SUCH BENEFIT OR VACATES  THE  HOUSING  ACCOMMODATION,  THE  OWNER  SHALL

 S. 3383--A                          4
 
 REDUCE THE LEGAL REGULATED RENT FOR THE HOUSING ACCOMMODATION IN ACCORD-
 ANCE WITH THE THEN-CURRENT SCHEDULE OF RENT REDUCTIONS AS PROMULGATED BY
 THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
   (V)  NOTHING  IN  THIS  PARAGRAPH  SHALL BE CONSTRUED TO PERMIT SHARED
 METERING.
   § 4. Section 4 of chapter 274 of the laws of  1946,  constituting  the
 emergency  housing rent control law, is amended by adding a new subdivi-
 sion 10 to read as follows:
   10. OWNERS OF BUILDINGS WHICH ARE MASTER METERED FOR  ELECTRICITY  AND
 HAVE  RENT  INCLUSION  OF ELECTRICITY MAY FILE APPLICATIONS TO TERMINATE
 THE RENT INCLUSION OF ELECTRICITY FOR THE ACCOMMODATIONS SUBJECT TO THIS
 SECTION.
   (1) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL FORMULATE  AND
 PUBLISH A SCHEDULE OF RENT ADJUSTMENTS OR UPDATE THE SCHEDULE OF ADJUST-
 MENTS  WITHIN SIX MONTHS OF THE PUBLICATION OF A NEW HOUSING AND VACANCY
 SURVEY BY THE UNITED STATES CENSUS BUREAU. THE SCHEDULE OR UPDATED SCHE-
 DULE OF RENT ADJUSTMENTS SHALL BE BASED ON THE NEW SURVEY DATA AS  TABU-
 LATED  BY THE NEW YORK CITY RENT GUIDELINES BOARD, GOVERNING THE RATE BY
 WHICH THE RENT OF REGULATED HOUSING  ACCOMMODATIONS  SHALL  BE  ADJUSTED
 UPON  AND  AFTER  CONVERSION  TO  INDIVIDUAL METERING AT THE BUILDING BY
 MEANS OF EITHER DIRECT METERING OR SUBMETERING. THE DIVISION OF  HOUSING
 AND  COMMUNITY  RENEWAL  SHALL PROMULGATE AN OPERATIONAL BULLETIN AND/OR
 MODIFY OR AMEND ITS REGULATIONS AS MAY BE NECESSARY TO  GIVE  EFFECT  TO
 THE PROVISIONS OF THIS SUBDIVISION.
   (2)  THE  NEW  YORK CITY RENT GUIDELINES BOARD SHALL PROVIDE STAFF AND
 ASSISTANCE TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, BY TABULAT-
 ING THE DATA OF THE TRIENNIAL NEW YORK CITY HOUSING AND  VACANCY  SURVEY
 PRODUCED BY THE UNITED STATES CENSUS BUREAU WITHIN NINETY DAYS OF PUBLI-
 CATION  AND  PROVIDING THE DIVISION OF HOUSING AND COMMUNITY RENEWAL THE
 DATA NECESSARY TO PROMULGATE A SCHEDULE OF RENT ADJUSTMENTS.
   (3) THE SCHEDULE OF RENT REDUCTIONS SHALL APPLY TO ALL RENT CONTROLLED
 ACCOMMODATION UNITS IN A BUILDING  THAT  CONVERTS  FROM  MASTER  UTILITY
 METERING TO INDIVIDUAL UTILITY METERING BY MEANS OF EITHER DIRECT METER-
 ING  OR  SUBMETERING, AND SHALL TAKE EFFECT DURING THE YEAR IN WHICH THE
 METERING IN THE BUILDING IS CONVERTED AND CONTINUE EACH YEAR THEREAFTER.
   (4) AFTER THE CONVERSION, ALL TENANTS SHALL BE RESPONSIBLE  FOR  THEIR
 OWN  ELECTRIC  CONSUMPTION  EXCEPT THOSE WHO, ON THE DATE OF CONVERSION,
 ARE RECEIVING A SENIOR CITIZEN RENT INCREASE EXEMPTION OR  A  DISABILITY
 RENT INCREASE EXEMPTION PURSUANT TO A LOCAL LAW, ORDINANCE OR RESOLUTION
 AS  AUTHORIZED  BY  SECTION 467-B OF THE REAL PROPERTY TAX LAW. FOR SUCH
 TENANTS THE RENT SHALL NOT BE REDUCED AND THE COST OF ELECTRICITY  SHALL
 REMAIN  INCLUDED  IN THE RENT; HOWEVER, THE OWNER MAY INSTALL ANY EQUIP-
 MENT IN SUCH TENANT'S HOUSING ACCOMMODATION AS IS REQUIRED FOR EFFECTUA-
 TION OF THE ELECTRICAL CONVERSION. IF SUCH  TENANT  NO  LONGER  RECEIVES
 SUCH  BENEFIT  OR  VACATES  THE  HOUSING  ACCOMMODATION, THE OWNER SHALL
 REDUCE THE MAXIMUM RENT FOR THE HOUSING ACCOMMODATION IN ACCORDANCE WITH
 THE THEN-CURRENT SCHEDULE OF RENT REDUCTIONS AS PROMULGATED BY THE DIVI-
 SION OF HOUSING AND COMMUNITY RENEWAL.
   (5) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED  TO  PERMIT  SHARED
 METERING.
   § 5. This act shall take effect immediately; provided that:
   a.  sections one, two, three and four of this act shall take effect on
 the first of January next succeeding the date upon which it  shall  have
 become a law, and shall apply to all fiscal years commencing on or after
 such date;

 S. 3383--A                          5
 
   b.  the  amendments to section 26-511 of the rent stabilization law of
 nineteen hundred sixty-nine made by section one 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
   c.  the  amendments  to  section 26-405 of the city rent and rehabili-
 tation law made by section two 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.

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