S T A T E   O F   N E W   Y O R K
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                                  7376

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 3, 2011
                               ___________

Introduced  by  M. of A. HEVESI, V. LOPEZ, O'DONNELL, KELLNER, DINOWITZ,
  GOTTFRIED, COLTON, JAFFEE, N. RIVERA, BROOK-KRASNY --  Multi-Sponsored
  by -- M. of A. AUBRY, BOYLAND, BRENNAN, FARRELL, GLICK, LANCMAN, McEN-
  ENY -- 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 the termination of rent
  inclusion of electricity for housing accommodations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision c of section 26-511 of the administrative code
of  the city of New York is amended by adding a new paragraph 15 to read
as follows:
  (15) PROVIDES THAT OWNERS OF BUILDINGS WHICH ARE  MASTER  METERED  FOR
ELECTRICITY AND HAVE RENT INCLUSION OF ELECTRICITY MAY FILE APPLICATIONS
TO  TERMINATE  THE  RENT INCLUSION OF ELECTRICITY FOR THE ACCOMMODATIONS
SUBJECT TO THIS SECTION.
  (A) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL FORMULATE  AND
PUBLISH A SCHEDULE OF RENT ADJUSTMENTS OR UPDATE THE SCHEDULE OF ADJUST-
MENTS  WITHIN SIX MONTHS OF THE PUBLICATION OF A NEW HOUSING AND VACANCY
SURVEY BY THE UNITED STATES CENSUS BUREAU. THE SCHEDULE OR UPDATED SCHE-
DULE OF RENT ADJUSTMENTS SHALL BE BASED ON THE NEW SURVEY DATA AS  TABU-
LATED  BY THE NEW YORK CITY RENT GUIDELINES BOARD, GOVERNING THE RATE BY
WHICH THE RENT OF REGULATED HOUSING  ACCOMMODATIONS  SHALL  BE  ADJUSTED
UPON  AND  AFTER  CONVERSION  TO  INDIVIDUAL METERING AT THE BUILDING BY
MEANS OF EITHER DIRECT METERING OR SUBMETERING. THE DIVISION OF  HOUSING
AND  COMMUNITY  RENEWAL  SHALL PROMULGATE AN OPERATIONAL BULLETIN AND/OR
MODIFY OR AMEND ITS REGULATIONS AS MAY BE NECESSARY TO  GIVE  EFFECT  TO
THE PROVISIONS OF THIS PARAGRAPH.
  (B)  THE  NEW  YORK CITY RENT GUIDELINES BOARD SHALL PROVIDE STAFF AND
ASSISTANCE TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, BY TABULAT-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07864-01-1
              

A. 7376                             2

ING THE DATA OF THE TRIENNIAL NEW YORK CITY HOUSING AND  VACANCY  SURVEY
PRODUCED BY THE UNITED STATES CENSUS BUREAU WITHIN NINETY DAYS OF PUBLI-
CATION  AND  PROVIDING THE DIVISION OF HOUSING AND COMMUNITY RENEWAL THE
DATA NECESSARY TO PROMULGATE A SCHEDULE OF RENT ADJUSTMENTS.
  (C) THE SCHEDULE OF RENT REDUCTIONS SHALL APPLY TO ALL RENT STABILIZED
ACCOMMODATION  UNITS  IN  A  BUILDING  THAT CONVERTS FROM MASTER UTILITY
METERING TO INDIVIDUAL UTILITY METERING BY MEANS OF EITHER DIRECT METER-
ING OR SUBMETERING, AND SHALL TAKE EFFECT DURING THE YEAR IN  WHICH  THE
METERING IN THE BUILDING IS CONVERTED AND CONTINUE EACH YEAR THEREAFTER.
  (D)  AFTER  THE CONVERSION, ALL TENANTS SHALL BE RESPONSIBLE FOR THEIR
OWN ELECTRIC CONSUMPTION EXCEPT THOSE WHO, ON THE  DATE  OF  CONVERSION,
ARE  RECEIVING  A SENIOR CITIZEN RENT INCREASE EXEMPTION OR A DISABILITY
RENT INCREASE EXEMPTION PURSUANT TO SECTION 26-509 OF THIS CHAPTER.  FOR
SUCH  TENANTS  THE RENT SHALL NOT BE REDUCED AND THE COST OF ELECTRICITY
SHALL REMAIN INCLUDED IN THE RENT; HOWEVER, THE OWNER  MAY  INSTALL  ANY
EQUIPMENT  IN  SUCH  TENANT'S  HOUSING  ACCOMMODATION AS IS REQUIRED FOR
EFFECTUATION OF THE ELECTRICAL CONVERSION.  IF  SUCH  TENANT  NO  LONGER
RECEIVES  SUCH  BENEFIT  OR VACATES THE HOUSING ACCOMMODATION, THE OWNER
SHALL REDUCE THE LEGAL REGULATED RENT FOR THE HOUSING  ACCOMMODATION  IN
ACCORDANCE  WITH THE THEN-CURRENT SCHEDULE OF RENT REDUCTIONS AS PROMUL-
GATED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
  (E) NOTHING IN THIS PARAGRAPH SHALL  BE  CONSTRUED  TO  PERMIT  SHARED
METERING.
  S 2. Section 26-405 of the administrative code of the city of New York
is amended by adding a new subdivision n to read as follows:
  N.  SCHEDULE OF RENT REDUCTIONS; INDIVIDUAL ELECTRIC METERING.  OWNERS
OF BUILDINGS WHICH ARE MASTER METERED  FOR  ELECTRICITY  AND  HAVE  RENT
INCLUSION  OF  ELECTRICITY  MAY  FILE APPLICATIONS TO TERMINATE THE RENT
INCLUSION OF ELECTRICITY FOR THE ACCOMMODATIONS SUBJECT TO THIS SECTION.
  (1) THE CITY RENT AGENCY SHALL FORMULATE AND  PUBLISH  A  SCHEDULE  OF
RENT ADJUSTMENTS OR UPDATE THE SCHEDULE OF ADJUSTMENTS WITHIN SIX MONTHS
OF  THE  PUBLICATION  OF  A NEW HOUSING AND VACANCY SURVEY BY THE UNITED
STATES CENSUS BUREAU. THE SCHEDULE OR UPDATED SCHEDULE OF  RENT  ADJUST-
MENTS SHALL BE BASED ON THE NEW SURVEY DATA AS TABULATED BY THE NEW YORK
CITY  RENT  GUIDELINES  BOARD,  GOVERNING  THE RATE BY WHICH THE RENT OF
REGULATED HOUSING  ACCOMMODATIONS  SHALL  BE  ADJUSTED  UPON  AND  AFTER
CONVERSION  TO  INDIVIDUAL  METERING  AT THE BUILDING BY MEANS OF EITHER
DIRECT METERING OR SUBMETERING. THE CITY RENT AGENCY SHALL PROMULGATE AN
OPERATIONAL BULLETIN AND/OR MODIFY OR AMEND ITS REGULATIONS  AS  MAY  BE
NECESSARY TO GIVE EFFECT TO THE PROVISIONS OF THIS SUBDIVISION.
  (2)  THE  NEW  YORK CITY RENT GUIDELINES BOARD SHALL PROVIDE STAFF AND
ASSISTANCE TO THE CITY RENT AGENCY, BY TABULATING THE DATA OF THE TRIEN-
NIAL NEW YORK CITY HOUSING AND VACANCY SURVEY  PRODUCED  BY  THE  UNITED
STATES CENSUS BUREAU WITHIN NINETY DAYS OF PUBLICATION AND PROVIDING THE
CITY  RENT  AGENCY  THE  DATA NECESSARY TO PROMULGATE A SCHEDULE OF RENT
ADJUSTMENTS.
  (3) THE SCHEDULE OF RENT REDUCTIONS SHALL APPLY TO ALL RENT CONTROLLED
ACCOMMODATION UNITS IN A BUILDING  THAT  CONVERTS  FROM  MASTER  UTILITY
METERING TO INDIVIDUAL UTILITY METERING BY MEANS OF EITHER DIRECT METER-
ING  OR  SUBMETERING, AND SHALL TAKE EFFECT DURING THE YEAR IN WHICH THE
METERING IN THE BUILDING IS CONVERTED AND CONTINUE EACH YEAR THEREAFTER.
  (4) AFTER THE CONVERSION, ALL TENANTS SHALL BE RESPONSIBLE  FOR  THEIR
OWN  ELECTRIC  CONSUMPTION  EXCEPT THOSE WHO, ON THE DATE OF CONVERSION,
ARE RECEIVING A SENIOR CITIZEN RENT INCREASE EXEMPTION OR  A  DISABILITY
RENT  INCREASE EXEMPTION PURSUANT TO SECTION 26-406 OF THIS CHAPTER. FOR
SUCH TENANTS THE RENT SHALL NOT BE REDUCED AND THE COST  OF  ELECTRICITY

A. 7376                             3

SHALL  REMAIN  INCLUDED  IN THE RENT; HOWEVER, THE OWNER MAY INSTALL ANY
EQUIPMENT IN SUCH TENANT'S HOUSING  ACCOMMODATION  AS  IS  REQUIRED  FOR
EFFECTUATION  OF  THE  ELECTRICAL  CONVERSION.  IF SUCH TENANT NO LONGER
RECEIVES  SUCH  BENEFIT  OR VACATES THE HOUSING ACCOMMODATION, THE OWNER
SHALL REDUCE THE MAXIMUM RENT FOR THE HOUSING ACCOMMODATION  IN  ACCORD-
ANCE WITH THE THEN-CURRENT SCHEDULE OF RENT REDUCTIONS AS PROMULGATED BY
THE CITY RENT AGENCY.
  (5)  NOTHING  IN  THIS SUBDIVISION SHALL BE CONSTRUED TO PERMIT SHARED
METERING.
  S 3. Subdivision d of section 6 of section 4 of  chapter  576  of  the
laws  of 1974, constituting the emergency tenant protection act of nine-
teen seventy-four, is amended by adding a new paragraph  6  to  read  as
follows:
  (6)  OWNERS  OF BUILDINGS WHICH ARE MASTER METERED FOR ELECTRICITY AND
HAVE RENT INCLUSION OF ELECTRICITY MAY FILE  APPLICATIONS  TO  TERMINATE
THE RENT INCLUSION OF ELECTRICITY FOR THE ACCOMMODATIONS SUBJECT TO THIS
SECTION.
  (I)  THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL FORMULATE AND
PUBLISH A SCHEDULE OF RENT ADJUSTMENTS OR UPDATE THE SCHEDULE OF ADJUST-
MENTS WITHIN SIX MONTHS OF THE PUBLICATION OF A NEW HOUSING AND  VACANCY
SURVEY BY THE UNITED STATES CENSUS BUREAU. THE SCHEDULE OR UPDATED SCHE-
DULE  OF RENT ADJUSTMENTS SHALL BE BASED ON THE NEW SURVEY DATA AS TABU-
LATED BY THE NEW YORK CITY RENT GUIDELINES BOARD, GOVERNING THE RATE  BY
WHICH  THE  RENT  OF  REGULATED HOUSING ACCOMMODATIONS SHALL BE ADJUSTED
UPON AND AFTER CONVERSION TO INDIVIDUAL  METERING  AT  THE  BUILDING  BY
MEANS  OF EITHER DIRECT METERING OR SUBMETERING. THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL SHALL PROMULGATE AN  OPERATIONAL  BULLETIN  AND/OR
MODIFY  OR  AMEND  ITS REGULATIONS AS MAY BE NECESSARY TO GIVE EFFECT TO
THE PROVISIONS OF THIS PARAGRAPH.
  (II) THE NEW YORK CITY RENT GUIDELINES BOARD SHALL PROVIDE  STAFF  AND
ASSISTANCE TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, BY TABULAT-
ING  THE  DATA OF THE TRIENNIAL NEW YORK CITY HOUSING AND VACANCY SURVEY
PRODUCED BY THE UNITED STATES CENSUS BUREAU WITHIN NINETY DAYS OF PUBLI-
CATION AND PROVIDING THE DIVISION OF HOUSING AND COMMUNITY  RENEWAL  THE
DATA NECESSARY TO PROMULGATE A SCHEDULE OF RENT ADJUSTMENTS.
  (III)  THE  SCHEDULE OF RENT REDUCTIONS SHALL APPLY TO ALL RENT STABI-
LIZED ACCOMMODATION UNITS IN A BUILDING THAT CONVERTS FROM MASTER UTILI-
TY METERING TO INDIVIDUAL UTILITY METERING BY  MEANS  OF  EITHER  DIRECT
METERING  OR SUBMETERING, AND SHALL TAKE EFFECT DURING THE YEAR IN WHICH
THE METERING IN THE BUILDING IS CONVERTED AND CONTINUE EACH YEAR  THERE-
AFTER.
  (IV)  AFTER THE CONVERSION, ALL TENANTS SHALL BE RESPONSIBLE FOR THEIR
OWN ELECTRIC CONSUMPTION EXCEPT THOSE WHO, ON THE  DATE  OF  CONVERSION,
ARE  RECEIVING  A SENIOR CITIZEN RENT INCREASE EXEMPTION OR A DISABILITY
RENT INCREASE EXEMPTION PURSUANT TO A LOCAL LAW, ORDINANCE OR RESOLUTION
AS AUTHORIZED BY SECTION 467-B OF THE REAL PROPERTY TAX  LAW.  FOR  SUCH
TENANTS  THE RENT SHALL NOT BE REDUCED AND THE COST OF ELECTRICITY SHALL
REMAIN INCLUDED IN THE RENT; HOWEVER, THE OWNER MAY INSTALL  ANY  EQUIP-
MENT IN SUCH TENANT'S HOUSING ACCOMMODATION AS IS REQUIRED FOR EFFECTUA-
TION  OF  THE  ELECTRICAL  CONVERSION. IF SUCH TENANT NO LONGER RECEIVES
SUCH BENEFIT OR VACATES  THE  HOUSING  ACCOMMODATION,  THE  OWNER  SHALL
REDUCE THE LEGAL REGULATED RENT FOR THE HOUSING ACCOMMODATION IN ACCORD-
ANCE WITH THE THEN-CURRENT SCHEDULE OF RENT REDUCTIONS AS PROMULGATED BY
THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
  (V)  NOTHING  IN  THIS  PARAGRAPH  SHALL BE CONSTRUED TO PERMIT SHARED
METERING.

A. 7376                             4

  S 4. Section 4 of chapter 274 of the laws of  1946,  constituting  the
emergency  housing rent control law, is amended by adding a new subdivi-
sion 9 to read as follows:
  9.    OWNERS OF BUILDINGS WHICH ARE MASTER METERED FOR ELECTRICITY AND
HAVE RENT INCLUSION OF ELECTRICITY MAY FILE  APPLICATIONS  TO  TERMINATE
THE RENT INCLUSION OF ELECTRICITY FOR THE ACCOMMODATIONS SUBJECT TO THIS
SECTION.
  (1)  THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL FORMULATE AND
PUBLISH A SCHEDULE OF RENT ADJUSTMENTS OR UPDATE THE SCHEDULE OF ADJUST-
MENTS WITHIN SIX MONTHS OF THE PUBLICATION OF A NEW HOUSING AND  VACANCY
SURVEY BY THE UNITED STATES CENSUS BUREAU. THE SCHEDULE OR UPDATED SCHE-
DULE  OF RENT ADJUSTMENTS SHALL BE BASED ON THE NEW SURVEY DATA AS TABU-
LATED BY THE NEW YORK CITY RENT GUIDELINES BOARD, GOVERNING THE RATE  BY
WHICH  THE  RENT  OF  REGULATED HOUSING ACCOMMODATIONS SHALL BE ADJUSTED
UPON AND AFTER CONVERSION TO INDIVIDUAL  METERING  AT  THE  BUILDING  BY
MEANS  OF EITHER DIRECT METERING OR SUBMETERING. THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL SHALL PROMULGATE AN  OPERATIONAL  BULLETIN  AND/OR
MODIFY  OR  AMEND  ITS REGULATIONS AS MAY BE NECESSARY TO GIVE EFFECT TO
THE PROVISIONS OF THIS SUBDIVISION.
  (2) THE NEW YORK CITY RENT GUIDELINES BOARD SHALL  PROVIDE  STAFF  AND
ASSISTANCE TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, BY TABULAT-
ING  THE  DATA OF THE TRIENNIAL NEW YORK CITY HOUSING AND VACANCY SURVEY
PRODUCED BY THE UNITED STATES CENSUS BUREAU WITHIN NINETY DAYS OF PUBLI-
CATION AND PROVIDING THE DIVISION OF HOUSING AND COMMUNITY  RENEWAL  THE
DATA NECESSARY TO PROMULGATE A SCHEDULE OF RENT ADJUSTMENTS.
  (3) THE SCHEDULE OF RENT REDUCTIONS SHALL APPLY TO ALL RENT CONTROLLED
ACCOMMODATION  UNITS  IN  A  BUILDING  THAT CONVERTS FROM MASTER UTILITY
METERING TO INDIVIDUAL UTILITY METERING BY MEANS OF EITHER DIRECT METER-
ING OR SUBMETERING, AND SHALL TAKE EFFECT DURING THE YEAR IN  WHICH  THE
METERING IN THE BUILDING IS CONVERTED AND CONTINUE EACH YEAR THEREAFTER.
  (4)  AFTER  THE CONVERSION, ALL TENANTS SHALL BE RESPONSIBLE FOR THEIR
OWN ELECTRIC CONSUMPTION EXCEPT THOSE WHO, ON THE  DATE  OF  CONVERSION,
ARE  RECEIVING  A SENIOR CITIZEN RENT INCREASE EXEMPTION OR A DISABILITY
RENT INCREASE EXEMPTION PURSUANT TO A LOCAL LAW, ORDINANCE OR RESOLUTION
AS AUTHORIZED BY SECTION 467-B OF THE REAL PROPERTY TAX  LAW.  FOR  SUCH
TENANTS  THE RENT SHALL NOT BE REDUCED AND THE COST OF ELECTRICITY SHALL
REMAIN INCLUDED IN THE RENT; HOWEVER, THE OWNER MAY INSTALL  ANY  EQUIP-
MENT IN SUCH TENANT'S HOUSING ACCOMMODATION AS IS REQUIRED FOR EFFECTUA-
TION  OF  THE  ELECTRICAL  CONVERSION. IF SUCH TENANT NO LONGER RECEIVES
SUCH BENEFIT OR VACATES  THE  HOUSING  ACCOMMODATION,  THE  OWNER  SHALL
REDUCE THE MAXIMUM RENT FOR THE HOUSING ACCOMMODATION IN ACCORDANCE WITH
THE THEN-CURRENT SCHEDULE OF RENT REDUCTIONS AS PROMULGATED BY THE DIVI-
SION OF HOUSING AND COMMUNITY RENEWAL.
  (5)  NOTHING  IN  THIS SUBDIVISION SHALL BE CONSTRUED TO PERMIT SHARED
METERING.
  S 5. This act shall take effect immediately; provided that:
  a. sections one, two, three and four of this act shall take effect  on
the  first  of January next succeeding the date upon which it shall have
become a law, and shall apply to all fiscal years commencing on or after
such date;
  b. the amendments to section 26-511 of the rent stabilization  law  of
nineteen hundred sixty-nine made by section one of this act shall expire
on the same date as such law expires and shall not affect the expiration
of such law as provided under section 26-520 of such law;
  c.  the  amendments  to  section 26-405 of the city rent and rehabili-
tation law made by section two of this act shall remain  in  full  force

A. 7376                             5

and effect only as long as the public emergency requiring the regulation
and control of residential rents and evictions continues, as provided in
subdivision  3  of section 1 of the local emergency housing rent control
act;
  d.  the  amendments  to  subdivision  d  of section 6 of the emergency
tenant protection act of nineteen seventy-four made by section three  of
this act shall expire on the same date as such act expires and shall not
affect  the  expiration of such act as provided in section 17 of chapter
576 of the laws of 1974; and
  e. the amendments to section 4 of the emergency housing  rent  control
law  made  by  section four of this act shall expire on the same date as
such law expires and shall not affect the  expiration  of  such  law  as
provided  in  subdivision  2  of section 1 of chapter 274 of the laws of
1946.