NY State Senate Bill 2025-S8110

Senate Bill S8110

2025-2026 Legislative Session

Relates to major capital improvements and individual apartment improvements in rent regulated units

download bill text pdf

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2025	referred to housing, construction and community development

2025-S8110 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Emergency Housing Rent Control Law
Laws Affected:: Amd §8-a, Emerg Hous Rent Cont L

2025-S8110 (ACTIVE) - Summary

Prohibits temporary major capital improvement increases for buildings where the owner has demonstrated a pattern of violations unless the applicant shows by clear and convincing evidence that the proposed improvement will directly and substantially remedy those violations.

2025-S8110 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8110

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the emergency housing rent control law, in relation to
major capital improvements and individual apartment improvements in rent
regulated units

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill bars major capital improvement and individual apartment
improvement rent increases in any building that has recently accumulated
a significant pattern of hazardous violations to ensure that owners who
allow such hazards to persist cannot pass the cost of 'improvements' on
to tenants unless those improvements directly and substantially cure the
hazards that triggered the violations.

 
SUMMARY OF PROVISIONS:

Section 1 amends 8-a of chapter 274 of the laws of 1946, constituting
the Emergency Housing Rent Control Law, by revising paragraphs (d) and

(e) of subdivision 1 and adding a new subdivision 4.

8-a(d) bars a temporary major-capital-improvement (MCI) rent increase
for any building that, within the "look-back period," has accumulated a
qualifying "pattern of violations," unless the proposed MCI will direct-
ly and substantially cure those violations.

8-a(e) applies the same bar and exception to individual-apartment-
improvement (IAI) rent increases.

Subdivision 4(a) defines "look-back period."

Subdivision 4(b) defines "pattern of violations."

Subdivision 4(c) enumerates six qualifying categories of violations.

Section two sets forth the effective date.

 
JUSTIFICATION:

Major Capital Improvement (MCI) and Individual Apartment Improvement
(IAI) surcharges are intended to reimburse owners for substantial, last-
ing upgrades and to spur responsible reinvestment in the housing stock.
Too often, however, owners seek these increases while tenants endure
unreliable heat, inoperable elevators, or other unresolved safety
hazards, circumstances that clearly reflect chronic neglect rather than
meaningful reinvestment in the property.

Under current law, an owner is disqualified from an MCI or IAI increase
only when a violation is open. Owners can, and frequently do, clear
those violations with minimal, short-lived repairs, then secure rent
increases before the underlying problems resurface.  Tenants thus shoul-
der repeated costs for improvements that do not address the building's
most urgent hazards.

This bill closes that gap by tying MCI and IAI eligibility to an owner's
recent code compliance record: if a building exhibits a pattern of
hazardous violations, DHCR must deny the rent increase application
unless the proposed work directly and substantially eliminates those
recurring hazards. In doing so, the bill realigns financial incentives
with safe, preventative maintenance and protects residents from financ-
ing improvements that leave critical safety problems unresolved.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S8110 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8110
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 emergency housing rent control law, in  relation  to
   major  capital  improvements  and individual apartment improvements in
   rent regulated units

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (d) and (e) of subdivision 1 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,  are  amended  and  a  new  subdivision  4 is added to read as
 follows:
   (d) prohibit temporary major capital improvement increases for  build-
 ings  with  outstanding hazardous or immediately hazardous violations of
 the Uniform Fire Prevention and Building Code (Uniform Code),  New  York
 City Fire Code, or New York City Building and Housing Maintenance Codes,
 if   applicable;   AND  PROHIBIT  TEMPORARY  MAJOR  CAPITAL  IMPROVEMENT
 INCREASES FOR BUILDINGS WHERE THE OWNER, OR ANY  PERSON  ACTING  ON  THE
 OWNER'S  BEHALF, HAS, WITHIN THE LOOK-BACK PERIOD DEFINED IN SUBDIVISION
 FOUR OF THIS SECTION, DEMONSTRATED A PATTERN OF VIOLATIONS  MEETING  THE
 THRESHOLD  SET  FORTH  IN  SUBDIVISION  FOUR OF THIS SECTION, UNLESS THE
 APPLICANT SHOWS BY CLEAR  AND  CONVINCING  EVIDENCE  THAT  THE  PROPOSED
 IMPROVEMENT WILL DIRECTLY AND SUBSTANTIALLY REMEDY THOSE VIOLATIONS;
   (e)  prohibit  individual  apartment improvement increases for housing
 accommodations  with  outstanding  hazardous  or  immediately  hazardous
 violations  of  the  Uniform  Fire Prevention and Building Code (Uniform
 Code), New York City Fire Code, or New York City  Building  and  Housing
 Maintenance  Codes,  if  applicable;  AND  PROHIBIT INDIVIDUAL APARTMENT
 IMPROVEMENT INCREASES FOR HOUSING ACCOMMODATIONS WHERE THE OWNER, OR ANY
 PERSON ACTING ON THE OWNER'S BEHALF, HAS, WITHIN  THE  LOOK-BACK  PERIOD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11970-02-5

 S. 8110                             2
 
 DEFINED  IN  SUBDIVISION FOUR OF THIS SECTION, DEMONSTRATED A PATTERN OF
 VIOLATIONS MEETING THE THRESHOLD SET FORTH IN SUBDIVISION FOUR  OF  THIS
 SECTION,  UNLESS  THE  APPLICANT  SHOWS BY CLEAR AND CONVINCING EVIDENCE
 THAT  THE  PROPOSED  IMPROVEMENT  WILL DIRECTLY AND SUBSTANTIALLY REMEDY
 THOSE VIOLATIONS;
   4. FOR THE PURPOSES OF THIS SECTION:
   (A) A "LOOK-BACK PERIOD" SHALL MEAN THE TWENTY-FOUR-MONTH PERIOD IMME-
 DIATELY PRECEDING THE FILING OF  AN  APPLICATION  FOR  A  MAJOR  CAPITAL
 IMPROVEMENT OR INDIVIDUAL APARTMENT IMPROVEMENT INCREASE. THE COMMISSION
 MAY,  BY REGULATION, EXTEND THE LOOK-BACK PERIOD TO NO MORE THAN THIRTY-
 SIX MONTHS IF IT DETERMINES THAT A LONGER WINDOW IS NECESSARY TO CAPTURE
 A SUFFICIENT HISTORY OF VIOLATIONS;
   (B) A "PATTERN OF VIOLATIONS" SHALL BE DEEMED TO  EXIST  WHEN,  DURING
 THE  LOOK-BACK  PERIOD,  A  MUNICIPAL DEPARTMENT HAVING JURISDICTION HAS
 ISSUED THREE OR MORE VIOLATIONS IN ANY CATEGORY LISTED IN PARAGRAPH  (C)
 OF  THIS  SUBDIVISION, REGARDLESS OF WHETHER SUCH VIOLATIONS REMAIN OPEN
 ON THE DATE OF FILING; AND
   (C) QUALIFYING VIOLATION CATEGORIES ARE LIMITED TO THE FOLLOWING:  (I)
 HEAT  OR  HOT-WATER  VIOLATIONS  CLASSIFIED  AS HAZARDOUS OR IMMEDIATELY
 HAZARDOUS; (II) ELEVATOR OR VERTICAL-TRANSPORTATION  VIOLATIONS  CLASSI-
 FIED  AS  HAZARDOUS  OR  IMMEDIATELY HAZARDOUS; (III) FIRE-SAFETY SYSTEM
 VIOLATIONS CLASSIFIED AS HAZARDOUS OR IMMEDIATELY HAZARDOUS;  (IV)  PEST
 OR  VERMIN INFESTATION VIOLATIONS CLASSIFIED AS HAZARDOUS OR IMMEDIATELY
 HAZARDOUS; (V) MOLD, MOISTURE, LEAD-BASED PAINT, OR OTHER  INDOOR  ENVI-
 RONMENTAL HAZARDS CLASSIFIED AS HAZARDOUS OR IMMEDIATELY HAZARDOUS; (VI)
 STRUCTURAL  INSTABILITY  OR  FACADE  HAZARDS  CLASSIFIED AS HAZARDOUS OR
 IMMEDIATELY HAZARDOUS.
   § 2. This act shall take effect immediately.

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