S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2951
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2023
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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, in
   relation to rent adjustments for major capital improvements

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (g) of paragraph 1 of subdivision g of section
 26-405 of the administrative code of the city of New York, as amended by
 section  27  of  part Q of chapter 39 of the laws of 2019, is amended to
 read as follows:
   (g) There has been since July first, nineteen hundred seventy, a major
 capital improvement essential for the  preservation  energy  efficiency,
 functionality,  or infrastructure of the entire building, improvement of
 the structure including heating, windows, plumbing and roofing but shall
 not be for operational costs or unnecessary cosmetic  improvements.  The
 temporary  increase  based  upon  a major capital improvement under this
 subparagraph for any order of the commissioner issued after  the  effec-
 tive  date  of  the  chapter  of  the laws of two thousand nineteen that
 amended this subparagraph shall be in an amount sufficient  to  amortize
 the  cost of the improvements pursuant to this subparagraph [(g)] over a
 twelve-year period for buildings with thirty-five or fewer  units  or  a
 twelve and one-half year period for buildings with more than thirty-five
 units,  and  shall be removed from the legal regulated rent thirty years
 from the date the increase became effective inclusive of  any  increases
 granted by the applicable rent guidelines board. Temporary major capital
 improvement  increases  shall  be collectible prospectively on the first
 day of the first month beginning sixty days from  the  date  of  mailing
 notice  of  approval to the tenant. Such notice shall disclose the total
 monthly increase in rent and the first month in which the  tenant  would
 be  required  to pay the temporary increase. An approval for a temporary
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02900-01-3
              

 S. 2951                             2
 
 major  capital  improvement  increase  shall  not  include   retroactive
 payments. The collection of any increase shall not exceed two percent in
 any year from the effective date of the order granting the increase over
 the  rent  set forth in the schedule of gross rents, with collectability
 of any dollar excess above said sum to  be  spread  forward  in  similar
 increments  and added to the rent as established or set in future years.
 Upon vacancy, the landlord may add any remaining balance of  the  tempo-
 rary  major  capital improvement increase to the legal regulated rent. A
 RENT ADJUSTMENT FOR A MAJOR CAPITAL IMPROVEMENT MAY ONLY BE  GRANTED  IF
 THE  OWNER  OR  AGENT  OF  THE  SUBJECT  BUILDING  FIRST APPLIES FOR AND
 RECEIVES BENEFITS PURSUANT TO SECTION 11-243 OF THIS CODE FOR THE BUILD-
 ING FOR  WHICH  THEY  ARE  SEEKING  A  MAJOR  CAPITAL  IMPROVEMENT  FOR,
 PROVIDED,  HOWEVER,  AN  OWNER  OR AGENT OF THE SUBJECT BUILDING THAT IS
 DENIED BENEFITS PURSUANT TO SECTION 11-243  OF  THIS  CODE  FOR  REASONS
 UNRELATED TO AN UNTIMELY OR IMPROPERLY COMPLETED APPLICATION SHALL STILL
 BE  ELIGIBLE  TO  RECEIVE A RENT ADJUSTMENT FOR A MAJOR CAPITAL IMPROVE-
 MENT. Notwithstanding any other provision of the law,  for  any  renewal
 lease  commencing  on or after June 14, 2019, the collection of any rent
 increases due to any major capital improvements  approved  on  or  after
 June  16,  2012 and before June 16, 2019 shall not exceed two percent in
 any year for any tenant in occupancy  on  the  date  the  major  capital
 improvement was approved[,]; or
   § 2. Paragraph 6 of subdivision c of section 26-511 of the administra-
 tive  code  of the city of New York, as separately amended by section 12
 of part K of chapter 36 and section 28 of part Q of chapter  39  of  the
 laws of 2019, is amended to read as follows:
   (6)  provides  criteria whereby the commissioner may act upon applica-
 tions by owners for increases in  excess  of  the  level  of  fair  rent
 increase  established under this law provided, however, that such crite-
 ria shall provide (a) as to hardship applications, for  a  finding  that
 the level of fair rent increase is not sufficient to enable the owner to
 maintain  approximately  the same average annual net income (which shall
 be computed without regard to debt service, financing costs  or  manage-
 ment  fees)  for the three year period ending on or within six months of
 the date of an application pursuant to such criteria  as  compared  with
 annual  net income, which prevailed on the average over the period nine-
 teen hundred sixty-eight through nineteen hundred seventy,  or  for  the
 first three years of operation if the building was completed since nine-
 teen  hundred  sixty-eight  or  for the first three fiscal years after a
 transfer of title to a new owner provided the new owner can establish to
 the satisfaction of the commissioner that he or she  acquired  title  to
 the  building as a result of a bona fide sale of the entire building and
 that the new owner is unable to obtain requisite records for the  fiscal
 years  nineteen  hundred  sixty-eight  through  nineteen hundred seventy
 despite diligent efforts to obtain same from predecessors in  title  and
 further  provided that the new owner can provide financial data covering
 a minimum of six years under his or  her  continuous  and  uninterrupted
 operation  of  the building to meet the three year to three year compar-
 ative test periods herein provided; and (b) as  to  completed  building-
 wide  major  capital  improvements, for a finding that such improvements
 are deemed depreciable under the Internal Revenue Code and that the cost
 is to be amortized over a twelve-year period for a building  with  thir-
 ty-five  or  fewer housing accommodations, or a twelve and one-half-year
 period for a building with more than thirty-five housing accommodations,
 for any determination issued by the division of  housing  and  community
 renewal  after  the effective date of the the chapter of the laws of two
 S. 2951                             3
 
 thousand nineteen that amended this paragraph and shall be removed  from
 the  legal regulated rent thirty years from the date the increase became
 effective inclusive of any increases  granted  by  the  applicable  rent
 guidelines board. Temporary major capital improvement increases shall be
 collectible  prospectively on the first day of the first month beginning
 sixty days from the date of mailing notice of approval  to  the  tenant.
 Such  notice  shall  disclose the total monthly increase in rent and the
 first month in which the tenant would be required to pay  the  temporary
 increase. An approval for a temporary major capital improvement increase
 shall  not  include retroactive payments. The collection of any increase
 shall not exceed two percent in any year from the effective date of  the
 order  granting  the increase over the rent set forth in the schedule of
 gross rents, with collectability of any dollar excess above said sum  to
 be  spread forward in similar increments and added to the rent as estab-
 lished or set in future years.  Upon vacancy, the landlord may  add  any
 remaining balance of the temporary major capital improvement increase to
 the  legal  regulated  rent.  Notwithstanding any other provision of the
 law, for any renewal lease commencing on or after  June  14,  2019,  the
 collection  of  any rent increases due to any major capital improvements
 approved on or after June 16, 2012 and before June 16,  2019  shall  not
 exceed  two  percent in any year for any tenant in occupancy on the date
 the major capital improvement was approved or based upon  cash  purchase
 price exclusive of interest or service charges. Where an application for
 a  temporary major capital improvement increase has been filed, a tenant
 shall have sixty days from the date of mailing of a notice of a proceed-
 ing in which to answer or reply.  The  state  division  of  housing  and
 community  renewal  shall provide any responding tenant with the reasons
 for the division's approval  or  denial  of  such  application.  A  RENT
 ADJUSTMENT  FOR  A  MAJOR CAPITAL IMPROVEMENT MAY ONLY BE GRANTED IF THE
 OWNER OR AGENT OF THE SUBJECT BUILDING FIRST APPLIES  FOR  AND  RECEIVES
 BENEFITS  PURSUANT  TO  SECTION 11-243 OF THIS CODE FOR THE BUILDING FOR
 WHICH THEY ARE SEEKING A MAJOR CAPITAL IMPROVEMENT FOR, PROVIDED, HOWEV-
 ER, AN OWNER OR AGENT OF THE SUBJECT BUILDING THAT  IS  DENIED  BENEFITS
 PURSUANT  TO  SECTION  11-243  OF  THIS CODE FOR REASONS UNRELATED TO AN
 UNTIMELY OR IMPROPERLY COMPLETED APPLICATION SHALL STILL BE ELIGIBLE  TO
 RECEIVE A RENT ADJUSTMENT FOR A MAJOR CAPITAL IMPROVEMENT. Notwithstand-
 ing  anything  to  the  contrary  contained herein, no hardship increase
 granted pursuant to this paragraph shall, when added to the annual gross
 rents, as determined by the commissioner, exceed the  sum  of,  (i)  the
 annual  operating expenses, (ii) an allowance for management services as
 determined by  the  commissioner,  (iii)  actual  annual  mortgage  debt
 service  (interest  and  amortization)  on its indebtedness to a lending
 institution, an insurance company, a retirement  fund  or  welfare  fund
 which is operated under the supervision of the banking or insurance laws
 of  the  state of New York or the United States, and (iv) eight and one-
 half percent of that portion of the fair market value  of  the  property
 which  exceeds  the unpaid principal amount of the mortgage indebtedness
 referred to in subparagraph (iii) of this paragraph. Fair  market  value
 for  the  purposes of this paragraph shall be six times the annual gross
 rent. The collection of any increase in  the  stabilized  rent  for  any
 apartment pursuant to this paragraph shall not exceed six percent in any
 year from the effective date of the order granting the increase over the
 rent  set  forth  in the schedule of gross rents, with collectability of
 any dollar excess above said sum to be spread forward in similar  incre-
 ments  and  added to the stabilized rent as established or set in future
 years;
 S. 2951                             4
 
   § 3. This act shall take effect immediately,  provided,  however  that
 the amendments to section 26-405 of the city rent and rehabilitation law
 made  by  section  one of this act shall remain in full force and effect
 only so 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 provided, further, that the amendments to section 26-511 of the
 rent  stabilization  law  of nineteen hundred sixty-nine 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, as from time to time amended; and provided, further,
 that the provisions of sections one and two of this act shall only apply
 to those buildings that commence work on a major capital improvement  45
 days or later than the effective date of this act.