Bill Text: NY A01116 | 2017-2018 | General Assembly | Introduced
Bill Title: Defines, for purposes of the Mitchell-Lama housing projects, "essential services" which landlords in limited-profit housing companies are obligated to provide and requires that any authorized maximum average monthly rental increase shall be conditioned on the continued maintenance of such defined services.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2018-01-03 - ordered to third reading cal.76 [A01116 Detail]
Download: New_York-2017-A01116-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1116 2017-2018 Regular Sessions IN ASSEMBLY January 10, 2017 ___________ Introduced by M. of A. DINOWITZ, MOSLEY, PERRY, SEPULVEDA, RODRIGUEZ -- Multi-Sponsored by -- M. of A. GOTTFRIED -- read once and referred to the Committee on Housing AN ACT to amend the private housing finance law, in relation to defining "essential services" and conditioning approval of increase of maximum rentals upon maintenance of all essential services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 12 of the private housing finance law is amended by 2 adding a new subdivision 17 to read as follows: 3 17. "Essential services". Those essential services which the company 4 furnished or which it was obligated to furnish on the date of occupancy 5 and which were included in the maximum rent for the dwelling accommo- 6 dations on that date. These may include, but are not limited to the 7 following: repairs and maintenance, the furnishing of light, heat, hot 8 and cold water, and elevator service. This subdivision shall not apply 9 with respect to services which shall have been reduced or discontinued 10 pursuant to the express consent of the division. 11 § 2. Section 31 of the private housing finance law is amended by 12 adding a new subdivision 1-a to read as follows: 13 1-a. Notwithstanding any other provision of this chapter and except as 14 otherwise provided in this subdivision, the commissioner or supervising 15 agency shall not approve an increase in the present maximum average 16 monthly rental unless the company or other applicant is found to be 17 maintaining all essential services furnished or required to be furnished 18 as of the date of the issuance of the order authorizing a rent increase 19 and such increase shall be conditioned on the maintenance of such 20 services thereafter. Except as otherwise provided in this subdivision, 21 no rent increase shall be approved where the appropriate department or 22 agency having jurisdiction certifies the dwelling accommodation is a 23 fire hazard or in a continued dangerous condition or detrimental to life EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02369-01-7A. 1116 2 1 or health or is occupied in violation of law. Upon a showing by the 2 company or other applicant that an increase in maximum average monthly 3 rentals is required in order to maintain essential services or to cure 4 any hazardous or dangerous condition then, in such event, the commis- 5 sioner or supervising agency may approve an increase in such maximum 6 average monthly rentals provided that such increase shall be contingent 7 upon the restoration and continuance of essential services and the 8 removal of hazardous or dangerous conditions within a fixed period of 9 time which shall be as short as reasonably practicable under the circum- 10 stances. 11 § 3. This act shall take effect immediately.