S T A T E O F N E W Y O R K
________________________________________________________________________
2063
2021-2022 Regular Sessions
I N A S S E M B L Y
January 14, 2021
___________
Introduced by M. of A. BARNWELL, EPSTEIN, NIOU, RICHARDSON, L. ROSEN-
THAL, SEAWRIGHT, TAGUE, TAYLOR, DeSTEFANO -- read once and referred to
the Committee on Housing
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 annual
inspections for any increase in rent due to a major capital improve-
ment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision b of section 26-511.1 of the administrative
code of the city of New York, as added by section 4 of part K of chapter
36 of the laws of 2019, is amended to read as follows:
b. The division shall establish an annual inspection and audit process
which shall review [twenty-five percent of] ALL applications for [a
temporary] ANY major capital improvement increase that have been submit-
ted and approved. Such process shall include individual inspections and
document review to ensure that owners complied with all obligations and
responsibilities under the law for [temporary] major capital improvement
increases. Inspections shall include in-person confirmation that such
improvements have been completed in such way as described in the appli-
cation.
§ 2. Subdivision b of section 26-405.1 of the administrative code of
the city of New York, as added by section 5 of part K of chapter 36 of
the laws of 2019, is amended to read as follows:
b. The division shall establish an annual inspection and audit process
which shall review [twenty-five percent of] ALL applications for [a
temporary] ANY major capital improvement increase that have been submit-
ted and approved. Such process shall include individual inspections and
document review to ensure that owners complied with all obligations and
responsibilities under the law for [temporary] major capital improvement
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07044-01-1
A. 2063 2
increases. Inspections shall include in-person confirmation that such
improvements have been completed in such way as described in the appli-
cation.
§ 3. Subdivision (b) of section 10-b of section 4 of chapter 576 of
the laws of 1974, constituting the emergency tenant protection act of
nineteen seventy-four, as added by section 6 of part K of chapter 36 of
the laws of 2019, is amended to read as follows:
(b) The division shall establish an annual inspection and audit proc-
ess which shall review [twenty-five percent of] ALL applications for [a
temporary] ANY major capital improvement increase that have been submit-
ted and approved. Such process shall include individual inspections and
document review to ensure that owners complied with all obligations and
responsibilities under the law for [temporary] major capital improvement
increases. Inspections shall include in-person confirmation that such
improvements have been completed in such way as described in the appli-
cation.
§ 4. Subdivision 2 of section 8-a of chapter 274 of the laws of 1946,
constituting the emergency housing rent control law, as added by section
7 of part K of chapter 36 of the laws of 2019, is amended to read as
follows:
2. The division shall establish an annual inspection and audit process
which shall review [twenty-five percent of] ALL applications for [a
temporary] ANY major capital improvement increase that have been submit-
ted and approved. Such process shall include individual inspections and
document review to ensure that owners complied with all obligations and
responsibilities under the law for [temporary] major capital improvement
increases. Inspections shall include in-person confirmation that such
improvements have been completed in such way as described in the appli-
cation.
§ 5. This act shall take effect immediately; provided, however, that:
(a) the amendments to section 26-511.1 of the administrative code of
the city of New York made by section one of this act shall expire on the
same date as such section expires and shall not affect the expiration of
such section as provided under section 26-520 of such law;
(b) the amendments to section 26-405.1 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; and
(c) effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized to be made and completed on or before
such effective date.