S T A T E O F N E W Y O R K
________________________________________________________________________
1968--A
2025-2026 Regular Sessions
I N A S S E M B L Y
January 14, 2025
___________
Introduced by M. of A. ROSENTHAL, DINOWITZ, COOK, TAYLOR -- Multi-Spon-
sored by -- M. of A. GLICK -- read once and referred to the Committee
on Housing -- recommitted to the Committee on Housing in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the real property law, in relation to non-preferential
opportunity for use of amenities in certain buildings and apartments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The real property law is amended by adding a new section
235-k to read as follows:
§ 235-K. USE OF AMENITIES. 1. ANY RENTAL TENANT MUST BE PROVIDED WITH
THE OPPORTUNITY TO USE AMENITIES COMMONLY ACCESSIBLE TO OTHER TENANTS OF
THE MULTIPLE DWELLING AND NOT UNIQUE TO AN INDIVIDUAL UNIT, INCLUDING,
BUT NOT LIMITED TO: POOLS, FITNESS CENTERS, STORAGE SPACES, PARKING, AND
ROOFS OR GARDENS ACCESSIBLE TO BUILDING TENANTS, IN BUILDINGS OR
COMPLEXES WHERE SUCH AMENITIES EXIST, PROVIDED, HOWEVER, THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY ONLY TO MULTIPLE DWELLINGS WITH
SIX OR MORE UNITS.
2. AN OWNER MAY CHARGE A FEE TO RENTAL TENANTS FOR USE OF AMENITIES
PROVIDED THAT SUCH FEE IS REASONABLE AND STRUCTURED IN A MANNER WHERE IT
IS NOT PROHIBITIVE TO SUCH TENANTS WHO MIGHT NORMALLY NOT HAVE ACCESS TO
SUCH AMENITIES AS PART OF THEIR RENTAL AGREEMENTS, PROVIDED, HOWEVER,
THAT SUCH FEE SHALL NOT BECOME PART OF THE RENT. NOTHING IN THIS SECTION
SHALL PROHIBIT ANY OWNER FROM PROMULGATING UNIFORMLY APPLICABLE RULES ON
THE USE OF AMENITIES THROUGH SYSTEMS, INCLUDING BUT NOT LIMITED TO:
SIGN-UP SHEETS, WAITING LISTS, OR LOTTERIES, PROVIDED, HOWEVER THAT NO
TENANT SHALL BE REQUIRED TO USE OR PAY A FEE FOR ANY AMENITY AS A CONDI-
TION OF THE RENTAL OF THEIR RESIDENTIAL UNIT.
3. IN CASES WHERE THE USE OF AMENITIES BY ALL OCCUPANTS IS DENIED,
SUCH DENIAL SHALL NOT PROVIDE THE BASIS FOR A RENT REDUCTION ORDER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05220-02-6
A. 1968--A 2
PURSUANT TO SECTION 26-405 OR 26-509 OF THE ADMINISTRATIVE CODE OF THE
CITY OF NEW YORK, UNLESS USE OF THE AMENITIES WAS HISTORICALLY PROVIDED
OR IS A REQUIRED SERVICE. AN OWNER MAY CHANGE OR COMPLETELY REMOVE ANY
AMENITY PURSUANT TO SUBDIVISION ONE OF THIS SECTION WITHOUT BEING
SUBJECT TO A CLAIM OF DIMINUTION OF SERVICES.
4. AN OWNER OF A BUILDING OR COMPLEX THAT IS FOUND IN VIOLATION OF
SUBDIVISION ONE OF THIS SECTION IS PUNISHABLE BY A FINE NOT TO EXCEED
TWO THOUSAND DOLLARS. PRIOR TO THE APPLICATION OF ANY PENALTIES SET
FORTH IN THIS SECTION, AN OWNER FOUND TO BE IN VIOLATION OF THIS SECTION
SHALL BE GIVEN THIRTY DAYS FROM THE DATE OF RECEIVING SUCH FINDING TO
CURE THE VIOLATING CONDITION OR CONDITIONS.
5. THE COMMISSIONER OF HOUSING PRESERVATION AND DEVELOPMENT IN CITIES
HAVING A POPULATION OF ONE MILLION OR MORE OR THE COMMISSIONER OF HOMES
AND COMMUNITY RENEWAL ARE HEREBY DIRECTED TO PROMULGATE RULES AND REGU-
LATIONS TO EFFECTUATE THE PROVISIONS OF THIS SECTION, INCLUDING BUT NOT
LIMITED TO:
(A) ENFORCEMENT MECHANISM OF PROVISIONS IN THIS SECTION;
(B) CREATING A SYSTEM OF RECEIVING AND INVESTIGATING COMPLAINTS
REGARDING VIOLATIONS OF THIS SECTION, INCLUDING A SYSTEM ON HOW AN OWNER
CAN CURE SUCH VIOLATIONS; AND
(C) SYSTEM OF NOTIFICATION FOR AN OWNER TO BE AWARE OF A FINDING OF
VIOLATIONS AND WHAT WILL BE THE ENFORCEMENT MECHANISMS.
6. ANY PENALTY ASSESSED FOR THE VIOLATION OF ANY OF THE PROVISIONS OF
THIS SECTION SHALL BE PAYABLE TO THE COMMISSIONER OF HOUSING PRESERVA-
TION AND DEVELOPMENT IF THE VIOLATION OCCURRED IN A CITY HAVING A POPU-
LATION OF ONE MILLION OR MORE, OR THE COMMISSIONER OF HOMES AND COMMUNI-
TY RENEWAL IF IT DID NOT.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.