Bill Text: NY A04877 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the emergency tenant protection act of nineteen seventy-four and the administrative code of the city of New York, in relation to prohibiting landlords from increasing rent for major capital improvements funded through state entities
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-01-06 - referred to housing [A04877 Detail]
Download: New_York-2009-A04877-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4877 2009-2010 Regular Sessions I N A S S E M B L Y February 6, 2009 ___________ Introduced by M. of A. KAVANAGH -- read once and referred to the Commit- tee on Housing AN ACT to amend the emergency tenant protection act of nineteen seven- ty-four and the administrative code of the city of New York, in relation to prohibiting landlords from increasing rent for major capi- tal improvements funded through state entities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph 3 of subdivision d of section 6 of section 4 of 2 chapter 576 of the laws of 1974 constituting the emergency tenant 3 protection act of nineteen seventy-four, as amended by chapter 749 of 4 the laws of 1990, is amended to read as follows: 5 (3) there has been since January first, nineteen hundred seventy-four 6 a major capital improvement required for the operation, preservation or 7 maintenance of the structure; PROVIDED THAT THE MAJOR CAPITAL IMPROVE- 8 MENT WAS NOT FUNDED IN ANY PART FROM MONEYS PROVIDED BY THE NEW YORK 9 STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY. An adjustment under 10 this paragraph shall be in an amount sufficient to amortize the cost of 11 the improvements pursuant to this paragraph over a seven-year period, or 12 S 2. Subparagraph (g) of paragraph 1 of subdivision g of section 13 26-405 of the administrative code of the city of New York, as amended by 14 chapter 749 of the laws of 1990, is amended to read as follows: 15 (g) There has been since July first, nineteen hundred seventy, a major 16 capital improvement required for the operation, preservation or mainte- 17 nance of the structure; PROVIDED THAT THE MAJOR CAPITAL IMPROVEMENT WAS 18 NOT FUNDED IN ANY PART FROM MONEYS PROVIDED BY THE NEW YORK STATE ENERGY 19 RESEARCH AND DEVELOPMENT AUTHORITY. An adjustment under this subpara- 20 graph (g) shall be in an amount sufficient to amortize the cost of the 21 improvements pursuant to this subparagraph (g) over a seven-year period; 22 or EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08276-02-9 A. 4877 2 1 S 3. Subparagraph (k) 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 chapter 749 of the laws of 1990, is amended to read as follows: 4 (k) The landlord has incurred, since January first, nineteen hundred 5 seventy, in connection with and in addition to a concurrent major capi- 6 tal improvement pursuant to subparagraph (g) of this paragraph, other 7 expenditures to improve, restore or preserve the quality of the struc- 8 ture; PROVIDED THAT SUCH OTHER EXPENDITURES WERE NOT FUNDED IN ANY PART 9 FROM MONEYS PROVIDED BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP- 10 MENT AUTHORITY. An adjustment under this subparagraph shall be granted 11 only if such improvements represent an expenditure equal to at least ten 12 per centum of the total operating and maintenance expenses for the 13 preceding year. An adjustment under this subparagraph shall be in addi- 14 tion to any adjustment granted for the concurrent major capital improve- 15 ment and shall be in an amount sufficient to amortize the cost of the 16 improvements pursuant to this subparagraph over a seven-year period. 17 S 4. This act shall take effect immediately; provided that: 18 (a) the amendments to paragraph 3 of subdivision d of section 6 of 19 section 4 of the emergency tenant protection act of nineteen seventy- 20 four made by section one of this act shall expire on the same date as 21 such act expires and shall not affect the expiration of such act as 22 provided in section 17 of chapter 576 of the laws of 1974; and 23 (b) the amendments to section 26-405 of the city rent and rehabili- 24 tation law made by sections two and three of this act shall remain in 25 full force and effect only as long as the public emergency requiring the 26 regulation and control of residential rents and evictions continues, as 27 provided in subdivision 3 of section 1 of the local emergency housing 28 rent control act.