STATE OF NEW YORK ________________________________________________________________________ 464 2023-2024 Regular Sessions IN ASSEMBLY January 9, 2023 ___________ Introduced by M. of A. JOYNER -- 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 prohibiting the adjust- ment of maximum allowable rent where any modification, increase or improvement is made to accommodate the needs of a disabled tenant The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (e) of paragraph 1 of subdivision g of section 2 26-405 of the administrative code of the city of New York, as amended by 3 section 20 of part Q of chapter 39 of the laws of 2019, is amended to 4 read as follows: 5 (e) The landlord and tenant by mutual voluntary written agreement 6 demonstrating informed consent agree to a substantial increase or 7 decrease in dwelling space or a change in furniture, furnishings or 8 equipment provided in the housing accommodations. An adjustment under 9 this subparagraph shall be equal to one-one hundred sixty-eighth, in the 10 case of a building with thirty-five or fewer housing accommodations or 11 one-one hundred eightieth in the case of a building with more than thir- 12 ty-five housing accommodations where such temporary adjustment takes 13 effect on or after the effective date of [the] chapter thirty-six of the 14 laws of two thousand nineteen [that amended this subparagraph], of the 15 total actual cost incurred by the landlord in providing such reasonable 16 and verifiable modification or increase in dwelling space, furniture, 17 furnishings, or equipment, including the cost of installation but 18 excluding finance charges and any costs that exceed reasonable costs 19 established by rules and regulations promulgated by the division of 20 housing and community renewal. Such rules and regulations shall include: 21 (i) requirements for work to be done by licensed contractors and prohib- 22 it common ownership between the landlord and the contractor or vendor; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02332-01-3
A. 464 2 1 and (ii) a requirement that the owner resolve within the dwelling space 2 all outstanding hazardous or immediately hazardous violations of the 3 Uniform Fire Prevention and Building Code (Uniform Code), New York City 4 Fire Code, or New York City Building and Housing Maintenance Codes, if 5 applicable. Provided further that an owner who is entitled to a rent 6 increase pursuant to this subparagraph shall not be entitled to a 7 further rent increase based upon the installation of similar equipment, 8 or new furniture or furnishings within the useful life of such new 9 equipment, or new furniture or furnishings. Provided further that the 10 recoverable costs incurred by the landlord, pursuant to this subpara- 11 graph shall be limited to an aggregate cost of fifteen thousand dollars 12 that may be expended on no more than three separate individual apartment 13 improvements in a fifteen year period beginning with the first individ- 14 ual apartment improvement on or after June fourteenth, two thousand 15 nineteen. Provided further that increases to the legal regulated rent 16 pursuant to this subparagraph shall be removed from the legal regulated 17 rent thirty years from the date the increase became effective inclusive 18 of any increases granted by the applicable rent guidelines board. The 19 owner shall give written notice to the city rent agency of any such 20 temporary adjustment pursuant to this subparagraph; provided, however, 21 an owner shall not be entitled to any adjustment pursuant to this 22 subparagraph where any modification or increase in dwelling space, 23 services, furniture, furnishings or equipment is made to accommodate the 24 needs of a disabled tenant. For purposes of this subparagraph, "disa- 25 bled" means an individual (i) with a physical or mental impairment, 26 including, but not limited to, those of neurological, emotional or 27 sensory organs, which substantially limits one or more of the individ- 28 ual's major life activities, and (ii) who is regarded as having such an 29 impairment as certified by a licensed physician of this state; or 30 § 2. Paragraph 13 of subdivision c of section 26-511 of the adminis- 31 trative code of the city of New York, as amended by section 19 of part Q 32 of chapter 39 of the laws of 2019, is amended to read as follows: 33 (13) provides that an owner is entitled to a rent increase where there 34 has been a substantial modification or increase of dwelling space, or 35 installation of new equipment or improvements or new furniture or 36 furnishings provided in or to a tenant's housing accommodation, on writ- 37 ten informed tenant consent to the rent increase. In the case of a 38 vacant housing accommodation, tenant consent shall not be required. The 39 temporary increase in the legal regulated rent for the affected housing 40 accommodation shall be one-one hundred sixty-eighth, in the case of a 41 building with thirty-five or fewer housing accommodations or one-one 42 hundred eightieth in the case of a building with more than thirty-five 43 housing accommodations where such increase takes effect on or after the 44 effective date of [the] chapter thirty-six of the laws of two thousand 45 nineteen [that amended this paragraph], of the total actual cost 46 incurred by the landlord in providing such reasonable and verifiable 47 modification or increase in dwelling space, furniture, furnishings, or 48 equipment, including the cost of installation but excluding finance 49 charges and any costs that exceed reasonable costs established by rules 50 and regulations promulgated by the division of housing and community 51 renewal. Such rules and regulations shall include: (i) requirements for 52 work to be done by licensed contractors and prohibit common ownership 53 between the landlord and the contractor or vendor; and (ii) a require- 54 ment that the owner resolve within the dwelling space all outstanding 55 hazardous or immediately hazardous violations of the Uniform Fire 56 Prevention and Building Code (Uniform Code), New York City Fire Code, or
A. 464 3 1 New York City Building and Housing Maintenance Codes, if applicable. 2 Provided further that an owner who is entitled to a rent increase pursu- 3 ant to this paragraph shall not be entitled to a further rent increase 4 based upon the installation of similar equipment, or new furniture or 5 furnishings within the useful life of such new equipment, or new furni- 6 ture or furnishings. Provided further that the recoverable costs 7 incurred by the landlord, pursuant to this paragraph, shall be limited 8 to an aggregate cost of fifteen thousand dollars that may be expended on 9 no more than three separate individual apartment improvements in a 10 fifteen year period beginning with the first individual apartment 11 improvement on or after June fourteenth, two thousand nineteen. Provided 12 further that increases to the legal regulated rent pursuant to this 13 paragraph shall be removed from the legal regulated rent thirty years 14 from the date the increase became effective inclusive of any increases 15 granted by the applicable rent guidelines board. Provided, however, an 16 owner shall not be entitled to any rent increase pursuant to this para- 17 graph where any modification, increase or improvement in dwelling space, 18 services, furniture, furnishings or equipment is made to accommodate the 19 needs of a disabled tenant. For purposes of this paragraph, "disabled" 20 means an individual (i) with a physical or mental impairment, including, 21 but not limited to, those of neurological, emotional or sensory organs, 22 which substantially limits one or more of the individual's major life 23 activities, and (ii) who is regarded as having such an impairment as 24 certified by a licensed physician of this state. 25 § 3. Paragraph 1 of subdivision d of section 6 of section 4 of chapter 26 576 of the laws of 1974, constituting the emergency tenant protection 27 act of nineteen seventy-four, as amended by section 18 of part Q of 28 chapter 39 of the laws of 2019, is amended to read as follows: 29 (1) there has been a substantial modification or increase of dwelling 30 space, or installation of new equipment or improvements or new furniture 31 or furnishings, provided in or to a tenant's housing accommodation, on 32 written informed tenant consent to the rent increase. In the case of a 33 vacant housing accommodation, tenant consent shall not be required. The 34 temporary increase in the legal regulated rent for the affected housing 35 accommodation shall be one-one hundred sixty-eighth, in the case of a 36 building with thirty-five or fewer housing accommodations or one-one 37 hundred eightieth in the case of a building with more than thirty-five 38 housing accommodations where such increase takes effect on or after the 39 effective date of [the] chapter thirty-six of the laws of two thousand 40 nineteen [that amended this paragraph], of the total actual cost 41 incurred by the landlord up to fifteen thousand dollars in providing 42 such reasonable and verifiable modification or increase in dwelling 43 space, furniture, furnishings, or equipment, including the cost of 44 installation but excluding finance charges and any costs that exceed 45 reasonable costs established by rules and regulations promulgated by the 46 division of housing and community renewal. Such rules and regulations 47 shall include: (i) requirements for work to be done by licensed 48 contractors and a prohibition on common ownership between the landlord 49 and the contractor or vendor; and (ii) a requirement that the owner 50 resolve within the dwelling space all outstanding hazardous or imme- 51 diately hazardous violations of the Uniform Fire Prevention and Building 52 Code (Uniform Code), New York City Fire Code, or New York City Building 53 and Housing Maintenance Codes, if applicable. Provided further that an 54 owner who is entitled to a rent increase pursuant to this paragraph 55 shall not be entitled to a further rent increase based upon the instal- 56 lation of similar equipment, or new furniture or furnishings within the
A. 464 4 1 useful life of such new equipment, or new furniture or furnishings. 2 Provided further that the recoverable costs incurred by the landlord, 3 pursuant to this paragraph, shall be limited to an aggregate cost of 4 fifteen thousand dollars that may be expended on no more than three 5 separate individual apartment improvements in a fifteen year period 6 beginning with the first individual apartment improvement on or after 7 June fourteenth, two thousand nineteen. Provided further that increases 8 to the legal regulated rent pursuant to this paragraph shall be removed 9 from the legal regulated rent thirty years from the date the increase 10 became effective inclusive of any increases granted by the applicable 11 rent guidelines board. Provided, however, an owner shall not be enti- 12 tled to any rent increase pursuant to this paragraph where any modifica- 13 tion, increase or improvement in dwelling space, services, furniture, 14 furnishings or equipment is made to accommodate the needs of a disabled 15 tenant. For purposes of this paragraph, "disabled" means an individual 16 (i) with a physical or mental impairment, including, but not limited to, 17 those of neurological, emotional or sensory organs, which substantially 18 limits one or more of the individual's major life activities, and (ii) 19 who is regarded as having such an impairment as certified by a licensed 20 physician of this state. 21 § 4. Subparagraph 5 of the second undesignated paragraph of paragraph 22 (a) of subdivision 4 of section 4 of chapter 274 of the laws of 1946, 23 constituting the emergency housing rent control law, as amended by 24 section 36 of part Q of chapter 39 of the laws of 2019, is amended to 25 read as follows: 26 (5) the landlord and tenant by mutual voluntary written informed 27 agreement agree to a substantial increase or decrease in dwelling space, 28 furniture, furnishings or equipment provided in the housing accommo- 29 dations; provided that an owner shall be entitled to a rent increase 30 where there has been a substantial modification or increase of dwelling 31 space, or installation of new equipment or improvements or new furniture 32 or furnishings provided in or to a tenant's housing accommodation. The 33 temporary increase in the maximum rent for the affected housing accommo- 34 dation shall be one-one hundred sixty-eighth, in the case of a building 35 with thirty-five or fewer housing accommodations, or one-one hundred 36 eightieth, in the case of a building with more than thirty-five housing 37 accommodations where such increase takes effect on or after the effec- 38 tive date of [the] chapter thirty-nine of the laws of two thousand nine- 39 teen [that amended this subparagraph], of the total actual cost incurred 40 by the landlord up to fifteen thousand dollars in providing such reason- 41 able and verifiable modification or increase in dwelling space, furni- 42 ture, furnishings, or equipment, including the cost of installation but 43 excluding finance charges and any costs that exceed reasonable costs 44 established by rules and regulations promulgated by the division of 45 housing and community renewal. Such rules and regulations shall include: 46 (i) requirements for work to be done by licensed contractors and a 47 prohibition on common ownership between the landlord and the contractor 48 or vendor; and (ii) a requirement that the owner resolve within the 49 dwelling space all outstanding hazardous or immediately hazardous 50 violations of the uniform fire prevention and building code (Uniform 51 Code), New York city fire code, or New York city building and housing 52 maintenance codes, if applicable. Provided further that an owner who is 53 entitled to a rent increase pursuant to this clause shall not be enti- 54 tled to a further rent increase based upon the installation of similar 55 equipment, or new furniture or furnishings within the useful life of 56 such new equipment, or new furniture or furnishings. Provided further
A. 464 5 1 that the recoverable costs incurred by the landlord, pursuant to this 2 subparagraph, shall be limited to an aggregate cost of fifteen thousand 3 dollars that may be expended on no more than three separate individual 4 apartment improvements in a fifteen year period beginning with the first 5 individual apartment improvement on or after June fourteenth, two thou- 6 sand nineteen. Provided further that increases to the legal regulated 7 rent pursuant to this paragraph shall be removed from the legal regu- 8 lated rent thirty years from the date the increase became effective 9 inclusive of any increases granted by the applicable rent guidelines 10 board. The owner shall give written notice to the commission of any such 11 adjustment pursuant to this clause; provided, however, an owner shall 12 not be entitled to any adjustment pursuant to this clause where any 13 modification, improvement or increase in dwelling space, services, 14 furniture, furnishings or equipment is made to accommodate the needs of 15 a disabled tenant. For purposes of this clause, "disabled" means an 16 individual (i) with a physical or mental impairment, including, but not 17 limited to, those of neurological, emotional or sensory organs, which 18 substantially limits one or more of the individual's major life activ- 19 ities, and (ii) who is regarded as having such an impairment as certi- 20 fied by a licensed physician of this state; or 21 § 5. This act shall take effect immediately; provided that: 22 (a) the amendments to section 26-405 of the city rent and rehabili- 23 tation law made by section one of this act shall remain in full force 24 and effect only as long as the public emergency requiring the regulation 25 and control of residential rents and evictions continues, as provided in 26 subdivision 3 of section 1 of the local emergency housing rent control 27 act; and 28 (b) the amendments made to section 26-511 of chapter 4 of title 26 of 29 the administrative code of the city of New York made by section two of 30 this act shall expire on the same date as such law expires and shall not 31 affect the expiration of such law as provided under section 26-520 of 32 such law.