Bill Text: NY A03146 | 2019-2020 | 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 6-0)

Status: (Introduced - Dead) 2020-01-08 - referred to housing [A03146 Detail]

Download: New_York-2019-A03146-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3146
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 28, 2019
                                       ___________
        Introduced  by  M.  of  A. DINOWITZ, MOSLEY, PERRY, RODRIGUEZ, BARRON --
          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.
                                                                   LBD00706-01-9

        A. 3146                             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.
feedback