New York 2025-2026 Regular Session

New York Assembly Bill A06261 Latest Draft

Bill / Introduced Version Filed 02/27/2025

   
  STATE OF NEW YORK ________________________________________________________________________ 6261 2025-2026 Regular Sessions  IN ASSEMBLY February 27, 2025 ___________ Introduced by M. of A. SIMONE, ALVAREZ, COLTON, CUNNINGHAM, DeSTEFANO, DINOWITZ, EPSTEIN, KELLES, RAGA, RIVERA, SHIMSKY, TAYLOR, WALKER -- 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 5 of part FF of chapter 56 of the laws of 2024, 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 adjustment takes effect on or 13 after the effective date of [the] chapter thirty-six of the laws of two 14 thousand nineteen [that amended this subparagraph], of the total actual 15 cost incurred by the landlord in providing such reasonable and verifi- 16 able modification or increase in dwelling space, furniture, furnishings, 17 or equipment, including the cost of installation but excluding finance 18 charges and any costs that exceed reasonable costs established by rules 19 and regulations promulgated by the division of housing and community 20 renewal. Such rules and regulations shall include: (i) requirements for 21 work to be done by licensed contractors and prohibit common ownership EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05669-01-5 

 A. 6261 2 1 between the landlord and the contractor or vendor; and (ii) a require- 2 ment that the owner resolve within the dwelling space all outstanding 3 hazardous or immediately hazardous violations of the Uniform Fire 4 Prevention and Building Code (Uniform Code), New York City Fire Code, or 5 New York City Building and Housing Maintenance Codes, if applicable. 6 Provided further that an owner who is entitled to a rent increase pursu- 7 ant to this subparagraph shall not be entitled to a further rent 8 increase based upon the installation of similar equipment, or new furni- 9 ture or furnishings within the useful life of such new equipment, or new 10 furniture or furnishings. Provided further that the recoverable costs 11 incurred by the landlord, pursuant to this subparagraph shall be limited 12 to an aggregate cost of thirty thousand dollars in a fifteen year period 13 beginning with the first individual apartment improvement on or after 14 June fourteenth, two thousand nineteen. The owner shall give written 15 notice to the city rent agency of any such adjustment pursuant to this 16 subparagraph; provided, however, an owner shall not be entitled to any 17 adjustment pursuant to this subparagraph where any modification or 18 increase in dwelling space, services, furniture, furnishings or equip- 19 ment is made to accommodate the needs of a disabled tenant. For purposes 20 of this subparagraph, "disabled" means an individual (i) with a physical 21 or mental impairment, including, but not limited to, those of neurologi- 22 cal, emotional or sensory organs, which substantially limits one or more 23 of the individual's major life activities, and (ii) who is regarded as 24 having such an impairment as certified by a licensed physician of this 25 state; or 26 § 2. Paragraph 13 of subdivision c of section 26-511 of the adminis- 27 trative code of the city of New York, as amended by section 3 of part FF 28 of chapter 56 of the laws of 2024, is amended to read as follows: 29 (13) provides that an owner is entitled to a rent increase where there 30 has been a substantial modification or increase of dwelling space, or 31 installation of new equipment or improvements or new furniture or 32 furnishings provided in or to a tenant's housing accommodation, on writ- 33 ten informed tenant consent to the rent increase. In the case of a 34 vacant housing accommodation, tenant consent shall not be required. 35 Except as provided in subparagraph (B) of this paragraph, increase in 36 the legal regulated rent for the affected housing accommodation shall be 37 one-one hundred sixty-eighth, in the case of a building with thirty-five 38 or fewer housing accommodations or one-one hundred eightieth in the case 39 of a building with more than thirty-five housing accommodations where 40 such increase takes effect on or after the effective date of [the] chap- 41 ter thirty-six of the laws of two thousand nineteen [that amended this 42 paragraph], of the total actual cost incurred by the landlord in provid- 43 ing such reasonable and verifiable modification or increase in dwelling 44 space, furniture, furnishings, or equipment, including the cost of 45 installation but excluding finance charges and any costs that exceed 46 reasonable costs established by rules and regulations promulgated by the 47 division of housing and community renewal. Such rules and regulations 48 shall include: (i) requirements for work to be done by licensed 49 contractors and prohibit common ownership between the landlord and the 50 contractor or vendor; and (ii) a requirement that the owner resolve 51 within the dwelling space all outstanding hazardous or immediately 52 hazardous violations of the Uniform Fire Prevention and Building Code 53 (Uniform Code), New York City Fire Code, or New York City Building and 54 Housing Maintenance Codes, if applicable. Provided further that an owner 55 who is entitled to a rent increase pursuant to this paragraph shall not 56 be entitled to a further rent increase based upon the installation of 

 A. 6261 3 1 similar equipment, or new furniture or furnishings within the useful 2 life of such new equipment, or new furniture or furnishings. Provided 3 further that the recoverable costs incurred by the landlord, pursuant to 4 this paragraph, shall be limited to an aggregate cost of an amount set 5 forth in this paragraph beginning with the first individual apartment 6 improvement on or after June fourteenth, two thousand nineteen. Provided 7 further that increases to the legal regulated rent pursuant to this 8 paragraph shall be limited to an aggregate cost pursuant to the follow- 9 ing: 10 (A) thirty thousand dollars that may be expended in a fifteen-year 11 period beginning with the first individual apartment improvement on or 12 after June fourteenth, two thousand nineteen, provided further that: 13 (1) if there is a tenant in place at the time the individual apartment 14 improvement is undertaken, no costs incurred by the landlord shall be 15 recoverable pursuant to this subparagraph unless the landlord obtains 16 written tenant consent from the tenant in place at the time the individ- 17 ual apartment improvement was undertaken; 18 (2) increases to the legal regulated rent pursuant to this subpara- 19 graph shall be permanent; and 20 (3) the thirty thousand dollars may be expended, in the aggregate, on 21 any number of separate individual apartment improvements in a fifteen- 22 year period, but in no event shall costs above thirty thousand dollars 23 be recoverable in a fifteen-year period pursuant to this subparagraph. 24 (B) fifty thousand dollars that may be expended in a fifteen-year 25 period beginning with the first individual apartment improvement on or 26 after June fourteenth, two thousand nineteen, pursuant to regulation, 27 operational bulletin or such other guidance as the division of housing 28 and community renewal may issue, provided further that: 29 (1) costs shall only be recoverable by a landlord pursuant to this 30 subparagraph for an individual apartment improvement undertaken during a 31 vacancy; 32 (2) costs shall only be recoverable by a landlord pursuant to this 33 subparagraph for an individual apartment improvement if (i) the apart- 34 ment was timely registered as vacant by no later than the thirty-first 35 of December in each of two thousand twenty-two, two thousand twenty- 36 three, and [two-thousand] two thousand twenty-four, provided that a 37 landlord may recover costs on this basis no more than once, or (ii) if 38 the apartment is vacant following a period of continuous occupancy of at 39 least twenty-five years that occurred immediately prior to the commence- 40 ment of such individual apartment improvement; 41 (3) costs shall only be recoverable by a landlord pursuant to this 42 subparagraph if such landlord has received prior certification to 43 recover costs pursuant to this subparagraph from the division of housing 44 and community renewal based on establishing that the landlord satisfies 45 one of the eligibility criteria delineated in clause two of this subpar- 46 agraph, provided further that such certification shall not be deemed as 47 evidence that the work performed or costs claimed for the individual 48 apartment improvement was substantiated or to otherwise act as a defense 49 in any subsequent rent overcharge proceeding, determination, or audit; 50 (4) increases to the legal regulated rent pursuant to this subpara- 51 graph shall be permanent; 52 (5) the increase in the legal regulated rent for the affected housing 53 accommodation shall be one-one hundred forty-fourth, in the case of a 54 building with thirty-five or fewer housing accommodations or one-one 55 hundred fifty-sixth in the case of a building with more than thirty-five 56 housing accommodations where such increase takes effect on or after the 

 A. 6261 4 1 effective date of this chapter, of the total actual cost incurred by the 2 landlord up to fifty thousand dollars in providing such reasonable and 3 verifiable modification or increase in dwelling space, furniture, 4 furnishings, or equipment, including the cost of installation but 5 excluding finance charges and any costs that exceed reasonable costs 6 established by rules and regulations promulgated by the division of 7 housing and community renewal; 8 (6) costs shall only be recoverable by a landlord pursuant to this 9 subparagraph for an individual apartment improvement if, immediately 10 prior to undertaking such individual apartment improvement, the landlord 11 submits to the division of housing and community renewal any evidence 12 that the division of housing and community renewal deems necessary and 13 requests pursuant to regulation, operational bulletin or other guidance, 14 demonstrating that the improvement was necessitated by a sub-standard 15 condition or exceeding its useful life immediately prior to the land- 16 lord's work to improve the unit and the landlord's planned work to 17 improve the unit. Such evidence shall include, but shall not be limited 18 to, photos of any areas, aspects or appliances in the apartment that 19 will be improved, and any necessary permits required to undertake the 20 improvements; 21 (7) costs shall only be recoverable by a landlord pursuant to this 22 subparagraph for an individual apartment improvement if, immediately 23 subsequent to undertaking the individual apartment improvement, the 24 landlord submits to the division of housing and community renewal any 25 evidence that the division of housing and community renewal deems neces- 26 sary and requests pursuant to regulation, operational bulletin or other 27 guidance, evidence of the completed work. Such evidence shall include, 28 but shall not be limited to, photographs of the completed work, itemized 29 receipts for all parts, materials, appliances, and labor costs, and 30 proof of payment. Provided further, the division of housing and communi- 31 ty renewal shall require the payment of a fee that equals one percent of 32 the amount claimed for the individual apartment improvement at the time 33 of such filing; 34 (8) for costs recoverable pursuant to item (ii) of clause two of this 35 subparagraph, the fifty thousand dollars may be expended, in the aggre- 36 gate, on any number of separate individual apartment improvements in a 37 fifteen-year period, but in no event shall costs above fifty thousand 38 dollars be recoverable in a fifteen-year period pursuant to this subpar- 39 agraph; 40 (9) the division of housing and community renewal may perform an audit 41 of any individual apartment improvement conducted pursuant to this 42 subparagraph to determine whether the individual apartment improvement 43 was undertaken in the manner described and to the extent claimed by the 44 landlord, whether the costs claimed were substantiated by records, and 45 whether the rent was properly adjusted. Such audit may incorporate an 46 inspection of the accommodation at bar. The landlord and the tenant 47 living in the accommodation may participate in such audit. In the event 48 the audit finds that the recoverable costs claimed by the landlord 49 cannot be substantiated, the resulting overcharge shall be considered to 50 be willful. In addition, the division of housing and community renewal 51 may issue any fines or penalties set forth in regulations; 52 (10) the division of housing and community renewal shall perform 53 random on-site inspections, as it deems necessary, for any unit for 54 which the owner seeks to recover costs pursuant to this subparagraph; 55 and 

 A. 6261 5 1 (11) no owner shall be eligible for the rent increase based on indi- 2 vidual apartment improvements pursuant to this subparagraph if, within 3 the five-year period prior to filing such individual apartment improve- 4 ment, any unit within any building owned by any owner of the building in 5 which the unit for which the owner seeks an individual apartment 6 improvement is located, including but not limited to partial or benefi- 7 cial owners, has been the subject of an award or determination by the 8 division of housing and community renewal or a court of competent juris- 9 diction for treble damages due to an overcharge or the owner of the 10 building in which the unit is located has been the subject of an award 11 or determination by the division of housing and community renewal or a 12 court of competent jurisdiction for harassment of any tenants, provided 13 that such owner shall provide an affidavit confirming such owner's 14 eligibility under this clause to the division of housing and community 15 renewal at the same time as, and in addition to, any other materials the 16 division of housing and community renewal shall require an owner to 17 submit pursuant to clause six of this subparagraph, and provided further 18 that such affidavit shall not be deemed to be evidence of compliance 19 with this clause or a defense in any subsequent rent overcharge proceed- 20 ing, determination, or audit. 21 Provided, however, an owner shall not be entitled to any rent increase 22 pursuant to this paragraph where any modification, increase or improve- 23 ment in dwelling space, services, furniture, furnishings or equipment is 24 made to accommodate the needs of a disabled tenant. For purposes of this 25 paragraph, "disabled" means an individual (i) with a physical or mental 26 impairment, including, but not limited to, those of neurological, 27 emotional or sensory organs, which substantially limits one or more of 28 the individual's major life activities, and (ii) who is regarded as 29 having such an impairment as certified by a licensed physician of this 30 state. 31 § 3. Paragraph 1 of subdivision d of section 6 of section 4 of chapter 32 576 of the laws of 1974, constituting the emergency tenant protection 33 act of nineteen seventy-four, as amended by section 1 of part FF of 34 chapter 56 of the laws of 2024, is amended to read as follows: 35 (1) there has been a substantial modification or increase of dwelling 36 space, or installation of new equipment or improvements or new furniture 37 or furnishings, provided in or to a tenant's housing accommodation, on 38 written informed tenant consent to the rent increase. In the case of a 39 vacant housing accommodation, tenant consent shall not be required. 40 Except as provided in subparagraph (B) of this paragraph, the increase 41 in the legal regulated rent for the affected housing accommodation shall 42 be one-one hundred sixty-eighth, in the case of a building with thirty- 43 five or fewer housing accommodations or one-one hundred eightieth in the 44 case of a building with more than thirty-five housing accommodations 45 where such increase takes effect on or after the effective date of [the] 46 chapter thirty-six of the laws of two thousand nineteen [that amended 47 this paragraph], of the total actual cost incurred by the landlord up to 48 an amount set forth in this paragraph in providing such reasonable and 49 verifiable modification or increase in dwelling space, furniture, 50 furnishings, or equipment, including the cost of installation but 51 excluding finance charges and any costs that exceed reasonable costs 52 established by rules and regulations promulgated by the division of 53 housing and community renewal. Such rules and regulations shall include: 54 (i) requirements for work to be done by licensed contractors and a 55 prohibition on common ownership between the landlord and the contractor 56 or vendor; and (ii) a requirement that the owner resolve within the 

 A. 6261 6 1 dwelling space all outstanding hazardous or immediately hazardous 2 violations of the Uniform Fire Prevention and Building Code (Uniform 3 Code), New York City Fire Code, or New York City Building and Housing 4 Maintenance Codes, if applicable. Provided further that an owner who is 5 entitled to a rent increase pursuant to this paragraph shall not be 6 entitled to a further rent increase based upon the installation of simi- 7 lar equipment, or new furniture or furnishings within the useful life of 8 such new equipment, or new furniture or furnishings. Provided further 9 that the recoverable costs incurred by the landlord, pursuant to this 10 paragraph, shall be limited to an aggregate cost pursuant to the follow- 11 ing: 12 (A) thirty thousand dollars that may be expended in a fifteen-year 13 period beginning with the first individual apartment improvement on or 14 after June fourteenth, two thousand nineteen, provided further that: 15 (1) if there is a tenant in place at the time the individual apartment 16 improvement is undertaken, no costs incurred by the landlord shall be 17 recoverable pursuant to this subparagraph unless the landlord obtains 18 written tenant consent from the tenant in place at the time the individ- 19 ual apartment improvement was undertaken; 20 (2) increases to the legal regulated rent pursuant to this subpara- 21 graph shall be permanent; and 22 (3) the thirty thousand dollars may be expended, in the aggregate, on 23 any number of separate individual apartment improvements in a fifteen- 24 year period, but in no event shall costs above thirty thousand dollars 25 be recoverable in a fifteen-year period pursuant to this subparagraph. 26 (B) fifty thousand dollars that may be expended in a fifteen-year 27 period beginning with the first individual apartment improvement on or 28 after June fourteenth, two thousand nineteen, pursuant to regulation, 29 operational bulletin or such other guidance as the division of housing 30 and community renewal may issue, provided further that: 31 (1) costs shall only be recoverable by a landlord pursuant to this 32 subparagraph for an individual apartment improvement undertaken during a 33 vacancy; 34 (2) costs shall only be recoverable by a landlord pursuant to this 35 subparagraph for an individual apartment improvement if (i) the apart- 36 ment was timely registered as vacant by no later than the thirty-first 37 of December in each of two thousand twenty-two, two thousand twenty- 38 three, and two thousand twenty-four, provided that a landlord may 39 recover costs on this basis no more than once, or (ii) if the apartment 40 is vacant following a period of continuous occupancy of at least twen- 41 ty-five years that occurred immediately prior to the commencement of 42 such individual apartment improvement; 43 (3) costs shall only be recoverable by a landlord pursuant to this 44 subparagraph if such landlord has received prior certification to 45 recover costs pursuant to this subparagraph from the division of housing 46 and community renewal based on establishing that the landlord satisfies 47 one of the eligibility criteria delineated in clause two of this subpar- 48 agraph, provided further that such certification shall not be deemed as 49 evidence that the work performed or costs claimed for the individual 50 apartment improvement was substantiated or to otherwise act as a defense 51 in any subsequent rent overcharge proceeding, determination, or audit; 52 (4) increases to the legal regulated rent pursuant to this subpara- 53 graph shall be permanent; 54 (5) the increase in the legal regulated rent for the affected housing 55 accommodation shall be one-one hundred forty-fourth, in the case of a 56 building with thirty-five or fewer housing accommodations or one-one 

 A. 6261 7 1 hundred fifty-sixth in the case of a building with more than thirty-five 2 housing accommodations where such increase takes effect on or after the 3 effective date of the chapter of the laws of two thousand twenty-four 4 that amended this paragraph, of the total actual cost incurred by the 5 landlord up to fifty thousand dollars in providing such reasonable and 6 verifiable modification or increase in dwelling space, furniture, 7 furnishings, or equipment, including the cost of installation but 8 excluding finance charges and any costs that exceed reasonable costs 9 established by rules and regulations promulgated by the division of 10 housing and community renewal; 11 (6) costs shall only be recoverable by a landlord pursuant to this 12 subparagraph for an individual apartment improvement if, immediately 13 prior to undertaking such individual apartment improvement, the landlord 14 submits to the division of housing and community renewal any evidence 15 that the division of housing and community renewal deems necessary and 16 requests pursuant to regulation, operational bulletin or other guidance, 17 demonstrating that the improvement was necessitated by a sub-standard 18 condition or exceeding its useful life immediately prior to the land- 19 lord's work to improve the unit and the landlord's planned work to 20 improve the unit. Such evidence shall include, but shall not be limited 21 to, photos of any areas, aspects or appliances in the apartment that 22 will be improved, and any necessary permits required to undertake the 23 improvements; 24 (7) costs shall only be recoverable by a landlord pursuant to this 25 subparagraph for an individual apartment improvement if, immediately 26 subsequent to undertaking the individual apartment improvement, the 27 landlord submits to the division of housing and community renewal any 28 evidence that the division of housing and community renewal deems neces- 29 sary and requests pursuant to regulation, operational bulletin or other 30 guidance, evidence of the completed work. Such evidence shall include, 31 but shall not be limited to, photographs of the completed work, itemized 32 receipts for all parts, materials, appliances, and labor costs, and 33 proof of payment. Provided further, the division of housing and communi- 34 ty renewal shall require the payment of a fee that equals one percent of 35 the amount claimed for the individual apartment improvement at the time 36 of such filing; 37 (8) for costs recoverable pursuant to item (ii) of clause two of this 38 subparagraph, the fifty thousand dollars may be expended, in the aggre- 39 gate, on any number of separate individual apartment improvements in a 40 fifteen-year period, but in no event shall costs above fifty thousand 41 dollars be recoverable in a fifteen-year period pursuant to this subpar- 42 agraph; 43 (9) the division of housing and community renewal may perform an audit 44 of any individual apartment improvement conducted pursuant to this 45 subparagraph to determine whether the individual apartment improvement 46 was undertaken in the manner described and to the extent claimed by the 47 landlord, whether the costs claimed were substantiated by records, and 48 whether the rent was properly adjusted. Such audit may incorporate an 49 inspection of the accommodation at bar. The landlord and the tenant 50 living in the accommodation may participate in such audit. In the event 51 the audit finds that the recoverable costs claimed by the landlord 52 cannot be substantiated, the resulting overcharge shall be considered to 53 be willful. In addition, the division of housing and community renewal 54 may issue any fines or penalties set forth in regulations; 55 (10) the division of housing and community renewal shall perform 56 random on-site inspections, as it deems necessary, for any unit for 

 A. 6261 8 1 which the owner seeks to recover costs pursuant to this subparagraph; 2 and 3 (11) no owner shall be eligible for the rent increase based on indi- 4 vidual apartment improvements pursuant to this subparagraph if, within 5 the five year period prior to filing such individual apartment improve- 6 ment, any unit within any building owned by any owner of the building in 7 which the unit for which the owner seeks an individual apartment 8 improvement is located, including but not limited to partial or benefi- 9 cial owners, has been the subject of an award or determination by the 10 division of housing and community renewal or a court of competent juris- 11 diction for treble damages due to an overcharge or the owner of the 12 building in which the unit is located has been the subject of an award 13 or determination by the division of housing and community renewal or a 14 court of competent jurisdiction for harassment of any tenants, provided 15 that such owner shall provide an affidavit confirming such owner's 16 eligibility under this clause to the division of housing and community 17 renewal at the same time as, and in addition to, any other materials the 18 division of housing and community renewal shall require an owner to 19 submit pursuant to clause six of this subparagraph, and provided further 20 that such affidavit shall not be deemed to be evidence of compliance 21 with this clause or a defense in any subsequent rent overcharge proceed- 22 ing, determination, or audit. 23 Provided, however, an owner shall not be entitled to any rent increase 24 pursuant to this paragraph where any modification, increase or improve- 25 ment in dwelling space, services, furniture, furnishings or equipment is 26 made to accommodate the needs of a disabled tenant. For purposes of this 27 paragraph, "disabled" means an individual (i) with a physical or mental 28 impairment, including, but not limited to, those of neurological, 29 emotional or sensory organs, which substantially limits one or more of 30 the individual's major life activities, and (ii) who is regarded as 31 having such an impairment as certified by a licensed physician of this 32 state. 33 § 4. Subparagraph 5 of the second undesignated paragraph of paragraph 34 (a) of subdivision 4 of section 4 of chapter 274 of the laws of 1946, 35 constituting the emergency housing rent control law, as amended by 36 section 7 of part FF of chapter 56 of the laws of 2024, is amended to 37 read as follows: 38 (5) the landlord and tenant by mutual voluntary written informed 39 agreement agree to a substantial increase or decrease in dwelling space, 40 furniture, furnishings or equipment provided in the housing accommo- 41 dations; provided that an owner shall be entitled to a rent increase 42 where there has been a substantial modification or increase of dwelling 43 space, or installation of new equipment or improvements or new furniture 44 or furnishings provided in or to a tenant's housing accommodation. The 45 increase in the maximum rent for the affected housing accommodation 46 shall be one-one hundred sixty-eighth, in the case of a building with 47 thirty-five or fewer housing accommodations, or one-one hundred eight- 48 ieth, in the case of a building with more than thirty-five housing 49 accommodations where such increase takes effect on or after the effec- 50 tive date of [the] chapter thirty-nine of the laws of two thousand nine- 51 teen [that amended this subparagraph], of the total actual cost incurred 52 by the landlord up to thirty thousand dollars in providing such reason- 53 able and verifiable modification or increase in dwelling space, furni- 54 ture, furnishings, or equipment, including the cost of installation but 55 excluding finance charges and any costs that exceed reasonable costs 56 established by rules and regulations promulgated by the division of 

 A. 6261 9 1 housing and community renewal. Such rules and regulations shall include: 2 (i) requirements for work to be done by licensed contractors and a 3 prohibition on common ownership between the landlord and the contractor 4 or vendor; and (ii) a requirement that the owner resolve within the 5 dwelling space all outstanding hazardous or immediately hazardous 6 violations of the uniform fire prevention and building code (Uniform 7 Code), New York city fire code, or New York city building and housing 8 maintenance codes, if applicable. Provided further that an owner who is 9 entitled to a rent increase pursuant to this clause shall not be enti- 10 tled to a further rent increase based upon the installation of similar 11 equipment, or new furniture or furnishings within the useful life of 12 such new equipment, or new furniture or furnishings. Provided further 13 that the recoverable costs incurred by the landlord, pursuant to this 14 subparagraph, shall be limited to an aggregate cost of thirty thousand 15 dollars in a fifteen year period beginning with the first individual 16 apartment improvement on or after June fourteenth, two thousand nine- 17 teen. The owner shall give written notice to the commission of any such 18 adjustment pursuant to this clause; provided, however, an owner shall 19 not be entitled to any adjustment pursuant to this clause where any 20 modification, improvement or increase in dwelling space, services, 21 furniture, furnishings or equipment is made to accommodate the needs of 22 a disabled tenant. For purposes of this clause, "disabled" means an 23 individual (i) with a physical or mental impairment, including, but not 24 limited to, those of neurological, emotional or sensory organs, which 25 substantially limits one or more of the individual's major life activ- 26 ities, and (ii) who is regarded as having such an impairment as certi- 27 fied by a licensed physician of this state; or 28 § 5. This act shall take effect immediately; provided that: 29 (a) the amendments to section 26-405 of the city rent and rehabili- 30 tation law made by section one of this act shall remain in full force 31 and effect only as long as the public emergency requiring the regulation 32 and control of residential rents and evictions continues, as provided in 33 subdivision 3 of section 1 of the local emergency housing rent control 34 act; and 35 (b) the amendments made to section 26-511 of chapter 4 of title 26 of 36 the administrative code of the city of New York made by section two of 37 this act shall expire on the same date as such law expires and shall not 38 affect the expiration of such law as provided under section 26-520 of 39 such law.