NY State Senate Bill S546

Current Bill Status - In Senate Committee Finance Committee

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

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Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 24, 2023	reported and committed to finance
Jan 05, 2023	referred to housing, construction and community development

Votes

view votes

Jan 24, 2023 - Housing, Construction and Community Development committee Vote

S546

committee

Aye

Nay

Aye with Reservations

Absent

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Co-Sponsors

S546 (ACTIVE) - Details

See Assembly Version of this Bill:: A2573
Current Committee:: Senate Finance
Law Section:: Public Housing Law
Laws Affected:: Amd §402-e, Pub Hous L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S9086, A11152
2021-2022: S1603, A1866

S546 (ACTIVE) - Summary

Enacts the "NYCHA utility accountability act"; requires the NYCHA to provide a rent reduction to tenants who experience a disruption in utility service.

S546 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S546

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the public housing law, in relation to enacting the
"NYCHA utility accountability act"

 
PURPOSE:

To provide New York City Housing Authority ("NYCHA") tenants a prorated
rental reduction for utility outages.

 
SUMMARY OF PROVISIONS:

Section one is the title.

Section two of the bill amends the public housing law by adding a new
subdivision 5 to section 402-e to require that NYCHA, at a minimum,
reduce the amount of rent to be paid by tenants in the instance of a
heat, water, gas, or electric service outage by either $75 prorated on a
daily basis or the tenant's prorated daily cost of rent, whichever is

more, for every day of utility outage.

Section three sets the effective date.

 
EXISTING LAW:

Click here

 
JUSTIFICATION:

NYCHA has a long and troubling history failing to promptly resolve util-
ity outages for which they must face repercussions. Throughout several
cold months from 2017-2018, many NYCHA residents were without heat
service. As a result, in 2020, Diamond v. New York City Housing Authori-
ty (NYCHA) held that a class action lawsuit against NYCHA for rent
abatements for the tenants that experienced loss of heating in their
residences could proceed. Beginning September 23, 2020, residents of
1-04 Astoria Boulevard have been without gas service. One month later,
NYCHA still refused to comment as to when the service might be restored.
Moreover, Woodside Houses residents are still, as of October 2022, expe-
riencing heat and hot water outages are a result of Hurricane Idea. It
is clear from the repeated deprivation of essential utility services
that NYCHA cannot be held accountable to correct such outages in a time-
ly manner. While without service, tenants deserve to have their rent,
which includes payment for utilities, reduced in a manner that reflects
that loss.

 
LEGISLATIVE HISTORY:

2022: Passed Senate/Died in Housing (Assembly)

2021: Passed Senate/Died in Housing (Assembly)

2020: Died in Rules/Died in Housing (Assembly)

 
FISCAL IMPLICATIONS:

TBD

 
LOCAL FISCAL IMPLICATIONS:

Click here

 
EFFECTIVE DATE:
Immediately.

S546 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    546
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced by Sens. GIANARIS, HOYLMAN, JACKSON, RAMOS, SALAZAR, SEPULVE-
   DA, STAVISKY -- 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 public housing law,  in  relation  to  enacting  the
   "NYCHA utility accountability act"

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "NYCHA utility accountability act".
   §  2.  Section  402-e of the public housing law is amended by adding a
 new subdivision 5 to read as follows:
   5. WHERE THERE IS A DISRUPTION IN THE NEW YORK CITY  HOUSING  AUTHORI-
 TY'S  PROVISION  OF  HEAT,  WATER,  GAS,  OR  ELECTRICITY SERVICE TO ANY
 TENANT, THE NEW YORK CITY HOUSING AUTHORITY SHALL, AT A MINIMUM,  REDUCE
 THE  AMOUNT OF RENT TO BE PAID BY SUCH TENANT FOR THE FOLLOWING MONTH BY
 THE GREATER OF EITHER (A) SEVENTY-FIVE DOLLARS PER MONTH, ON A  PRORATED
 DAILY  BASIS  FOR EACH DAY SUCH TENANT EXPERIENCED A DISRUPTION OF HEAT,
 WATER, GAS, OR ELECTRICITY SERVICE; OR  (B)  THE  AMOUNT  EQUAL  TO  TEN
 PERCENT  OF  SUCH TENANT'S PRORATED DAILY COST OF RENT FOR EACH DAY SUCH
 TENANT EXPERIENCED A DISRUPTION OF  HEAT,  WATER,  GAS,  OR  ELECTRICITY
 SERVICE.
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02967-01-3

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The New York State Senate

senate Bill S546

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

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Votes

Jan 24, 2023 - Housing, Construction and Community Development committee Vote

Housing, Construction and Community Development Committee Vote: Jan 24, 2023

Co-Sponsors

S546 (ACTIVE) - Details

S546 (ACTIVE) - Summary

S546 (ACTIVE) - Sponsor Memo

S546 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S546

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Sponsored By

Current Bill Status - In Senate Committee Finance Committee

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Actions

Votes

Jan 24, 2023 - Housing, Construction and Community Development committee Vote

Housing, Construction and Community Development Committee Vote: Jan 24, 2023

Co-Sponsors

S546 (ACTIVE) - Details

S546 (ACTIVE) - Summary

S546 (ACTIVE) - Sponsor Memo

S546 (ACTIVE) - Bill Text download pdf

Comments