Bill Text: NY A08585 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires annual inspections for any increase in rent due to a major capital improvement.

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Introduced) 2019-09-13 - referred to housing [A08585 Detail]

Download: New_York-2019-A08585-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8585

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                   September 13, 2019
                                       ___________

        Introduced by M. of A. BARNWELL -- Multi-Sponsored by -- M. of A. DeSTE-
          FANO,  EPSTEIN,  MOSLEY,  NIOU,  RICHARDSON,  L. ROSENTHAL, SEAWRIGHT,
          TAGUE, TAYLOR -- 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 requiring annual
          inspections for any increase in rent due to a major  capital  improve-
          ment

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision b of section  26-511.1  of  the  administrative
     2  code of the city of New York, as added by section 4 of part K of chapter
     3  36 of the laws of 2019, is amended to read as follows:
     4    b. The division shall establish an annual inspection and audit process
     5  which  shall  review  [twenty-five  percent  of] all applications for [a
     6  temporary] any major capital improvement increase that have been submit-
     7  ted and approved. Such process shall include individual inspections  and
     8  document  review to ensure that owners complied with all obligations and
     9  responsibilities under the law for [temporary] major capital improvement
    10  increases. Inspections shall include in-person  confirmation  that  such
    11  improvements  have been completed in such way as described in the appli-
    12  cation.
    13    § 2. Subdivision b of section 26-405.1 of the administrative  code  of
    14  the  city  of New York, as added by section 5 of part K of chapter 36 of
    15  the laws of 2019, is amended to read as follows:
    16    b. The division shall establish an annual inspection and audit process
    17  which shall review [twenty-five percent  of]  all  applications  for  [a
    18  temporary] any major capital improvement increase that have been submit-
    19  ted  and approved. Such process shall include individual inspections and
    20  document review to ensure that owners complied with all obligations  and
    21  responsibilities under the law for [temporary] major capital improvement

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13510-01-9

        A. 8585                             2

     1  increases.  Inspections  shall  include in-person confirmation that such
     2  improvements have been completed in such way as described in the  appli-
     3  cation.
     4    §  3.  Subdivision  (b) of section 10-b of section 4 of chapter 576 of
     5  the laws of 1974, constituting the emergency tenant  protection  act  of
     6  nineteen  seventy-four, as added by section 6 of part K of chapter 36 of
     7  the laws of 2019, is amended to read as follows:
     8    (b) The division shall establish an annual inspection and audit  proc-
     9  ess  which shall review [twenty-five percent of] all applications for [a
    10  temporary] any major capital improvement increase that have been submit-
    11  ted and approved. Such process shall include individual inspections  and
    12  document  review to ensure that owners complied with all obligations and
    13  responsibilities under the law for [temporary] major capital improvement
    14  increases. Inspections shall include in-person  confirmation  that  such
    15  improvements  have been completed in such way as described in the appli-
    16  cation.
    17    § 4. Subdivision 2 of section 8-a of chapter 274 of the laws of  1946,
    18  constituting the emergency housing rent control law, as added by section
    19  7  of  part  K  of chapter 36 of the laws of 2019, is amended to read as
    20  follows:
    21    2. The division shall establish an annual inspection and audit process
    22  which shall review [twenty-five percent  of]  all  applications  for  [a
    23  temporary] any major capital improvement increase that have been submit-
    24  ted  and approved. Such process shall include individual inspections and
    25  document review to ensure that owners complied with all obligations  and
    26  responsibilities under the law for [temporary] major capital improvement
    27  increases.  Inspections  shall  include in-person confirmation that such
    28  improvements have been completed in such way as described in the  appli-
    29  cation.
    30    § 5. This act shall take effect immediately; provided, however, that:
    31    (a)  the  amendments to section 26-511.1 of the administrative code of
    32  the city of New York made by section one of this act shall expire on the
    33  same date as such section expires and shall not affect the expiration of
    34  such section as provided under section 26-520 of such law;
    35    (b) the amendments to section 26-405.1 of the city rent and  rehabili-
    36  tation  law  made  by section two of this act shall remain in full force
    37  and effect only as long as the public emergency requiring the regulation
    38  and control of residential rents and evictions continues, as provided in
    39  subdivision 3 of section 1 of the local emergency housing  rent  control
    40  act; and
    41    (c)  effective  immediately,  the addition, amendment and/or repeal of
    42  any rule or regulation necessary for the implementation of this  act  on
    43  its  effective date are authorized and directed to be made and completed
    44  on or before such effective date.
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