Requires an annual inspection and audit process which shall review five percent of individual apartment improvement notifications for rent stabilized apartments outside of the city of New York; requires additional audits where violations are found.
Impact
The implications of S08046 are significant, particularly in how it modifies landlord-tenant dynamics within the regulated housing market. By requiring annual audits and more stringent oversight, the law aims to reduce incidences of willful overcharges by landlords—charging more than what is legally justified for improvements made to units. In cases where audits reveal unsubstantiated claims, the bill stipulates that such overcharges are classified as willful, thus allowing for penalties and additional audits across the landlord’s other units.
Summary
Bill S08046 seeks to amend the Emergency Tenant Protection Act and the Emergency Housing Rent Control Law in New York, focusing primarily on instituting a more rigorous inspection and audit protocol for individual apartment improvements in rent-regulated units located outside of New York City. The bill mandates an annual review of five percent of apartment improvement notifications submitted by landlords to ensure compliance with the law and proper execution of reported improvements. Inspections will include in-person confirmations that improvements were made as detailed in the notifications. The intention behind this measure is to hold landlords accountable and safeguard tenants from potential overcharging.
Contention
Debates surrounding Bill S08046 reflect the tension between tenant rights advocates and property owners. Proponents argue that heightened scrutiny is essential to protect tenants from exploitation, especially in an environment where affordable housing continues to dwindle. Critics, however, contend that additional regulations could deter landlords from making necessary improvements or repairs, fearing potential legal repercussions. There is also concern that the costs associated with the compliance of audits may be passed on to tenants, counteracting the intended protective nature of the bill.
Same As
Requires an annual inspection and audit process which shall review five percent of individual apartment improvement notifications for rent stabilized apartments outside of the city of New York; requires additional audits where violations are found.
Provides for an alternative hardship allowance for landlords in New York city rent controlled apartments which allows a hardship rent increase where a building's annual net income is less than 8.5 percent of the equalized assessed value.
Requires the department of health to conduct 40% of its inspections on nursing homes outside of business hours; requires department of health inspections of nursing homes to be conducted without prior notice to a nursing home; requires an annual nursing home inspection report.
Requires the department of health to conduct 40% of its inspections on nursing homes outside of business hours; requires department of health inspections of nursing homes to be conducted without prior notice to a nursing home; requires an annual nursing home inspection report.
Requires enhanced federal medical assistance percentage funds be directly shared with the counties and the city of New York; requires the comptroller examine and audit all funds received from the enhanced federal medical assistance percentage and the distributions made to counties and the city of New York.
Requires enhanced federal medical assistance percentage funds be directly shared with the counties and the city of New York; requires the comptroller examine and audit all funds received from the enhanced federal medical assistance percentage and the distributions made to counties and the city of New York.
Requires the inspection of non-fireproof buildings every three years; requires compliance with the New York city housing maintenance code and the New York city construction codes; requires those dwellings not in compliance with such code at the time of inspection to make repairs or improvements necessary to comply with such standards within six months of such inspection, or a lien shall be placed upon the dwelling.
Requires the inspection of non-fireproof buildings every three years; requires compliance with the New York city housing maintenance code and the New York city construction codes; requires those dwellings not in compliance with such code at the time of inspection to make repairs or improvements necessary to comply with such standards within six months of such inspection, or a lien shall be placed upon the dwelling.
Provides additional enforcement of housing maintenance code violations in the city of New York; requires the department of housing preservation and development to produce a list of owners/landlords with multiple violations; directs HPD to commence proceedings to be appointed as the administrator of buildings with multiple, longstanding violations; provides additional penalties.