Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 19, 2012 |
committee discharged and committed to rules notice of committee consideration - requested |
Feb 02, 2012 |
print number 436a |
Feb 02, 2012 |
amend and recommit to housing, construction and community development |
Jan 04, 2012 |
referred to housing, construction and community development |
Jan 05, 2011 |
referred to housing, construction and community development |
Senate Bill S436
2011-2012 Legislative Session
Sponsored By
(D, WF) 28th Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2011-S436 - Details
- Current Committee:
- Senate Rules
- Law Section:
- New York City Administrative Code
- Laws Affected:
- Amd §§26-405 & 26-511, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S5220
2013-2014: S3173
2015-2016: S2855
2017-2018: S3713
2011-S436 - Summary
Establishes criteria for approval of rent increases to rent regulated property resulting from major capital improvements to insure that the work performed is an enhancement or upgrade to a housing accommodation or service therein and is not merely repair or replacement to existing services; prohibits approval of a major capital improvement rent increase where any outstanding hazardous violations exist.
2011-S436 - Sponsor Memo
BILL NUMBER:S436 TITLE OF BILL: An act to amend the administrative code of the city of New York and the emergency tenant protection act of nineteen seventy-four, in relation to approval of major capital improvement rent increases SUMMARY OF PROVISIONS: This legislation establishes criteria for approval of rent increases to rent regulated property resulting from major capital improvements. The criteria will be used to insure that the work performed is an enhancement or upgrade to a housing accommodation or service and is not merely a repair or replacement of existing services. It also prohibits approval of major capital improvement rent increases when any outstanding hazardous violations exist. JUSTIFICATION: Landlords currently utilize major capital improvement surcharges as a back door way to raise their tenant's rents. Although some MCI surcharges are legitimate, many landlords apply for and are granted the MCI surcharge for work that is not an improvement, but routine maintenance. This is not the intent of the MCI program. The problem stems from the fact that there are no statutory guidelines to
2011-S436 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 436 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend the administrative code of the city of New York and the emergency tenant protection act of nineteen seventy-four, in relation to approval of major capital improvement rent increases THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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. (1) NO MAJOR CAPITAL IMPROVEMENT RENT INCREASE WILL BE APPROVED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL UNLESS THE WORK PERFORMED IS AN ENHANCEMENT OR UPGRADE TO A HOUSING ACCOMMODATION OR SERVICE THER- EIN; OR IS AN ADDITION TO SUCH HOUSING ACCOMMODATION AND OTHERWISE ELIGIBLE ACCORDING TO THE PREREQUISITES FOR MAJOR CAPITAL IMPROVEMENT RENT INCREASES. (A) ANY REPAIR OR REPLACEMENT INTENDED TO MAINTAIN AN EXISTING SERVICE SHALL NOT BE ELIGIBLE FOR A MAJOR CAPITAL IMPROVEMENT RENT INCREASE. (B) ANY SERVICE OR FACILITY WHICH IS ASSURED UNDER THE WARRANTY OF HABITABILITY, OR OTHERWISE PROVIDED FOR IN A LEASE OR RENTAL AGREEMENT BETWEEN OWNER AND TENANT, SHALL NOT BE ELIGIBLE FOR A MAJOR CAPITAL IMPROVEMENT RENT INCREASE. (2) NO APPLICATION FOR A MAJOR CAPITAL IMPROVEMENT RENT INCREASE MAY BE APPROVED IF THERE EXIST ANY OUTSTANDING HAZARDOUS VIOLATIONS AT THE TIME OF THE CONSIDERATION OF SUCH APPLICATION, AS DETERMINED PURSUANT TO REGULATIONS OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OR ANY AGENCY ADMINISTERING AND ENFORCING A BUILDING CODE IN THE JURISDICTION IN WHICH THE PROPERTY IS LOCATED, UNLESS IT IS DETERMINED BY THE DIVI- SION OF HOUSING AND COMMUNITY RENEWAL THAT SUCH WORK IS ESSENTIAL TO THE ALLEVIATION OF THE VIOLATIONS AND SUCH APPROVAL IS CONSISTENT WITH THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
(D, WF) Senate District
2011-S436A (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- New York City Administrative Code
- Laws Affected:
- Amd §§26-405 & 26-511, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S5220
2013-2014: S3173
2015-2016: S2855
2017-2018: S3713
2011-S436A (ACTIVE) - Summary
Establishes criteria for approval of rent increases to rent regulated property resulting from major capital improvements to insure that the work performed is an enhancement or upgrade to a housing accommodation or service therein and is not merely repair or replacement to existing services; prohibits approval of a major capital improvement rent increase where any outstanding hazardous violations exist.
2011-S436A (ACTIVE) - Sponsor Memo
BILL NUMBER:S436A TITLE OF BILL: An act to amend the administrative code of the city of New York and the emergency tenant protection act of nineteen seventy-four, in relation to approval of major capital improvement rent increases SUMMARY OF PROVISIONS: This legislation establishes criteria for approval of rent increases to rent regulated property resulting from major capital improvements. The criteria will be used to insure that the work performed is an enhance- ment or upgrade to a housing accommodation or service and is not merely a repair or replacement of existing services. It also prohibits approval of major capital improvement rent increases when any outstanding hazard- ous violations exist. PURPOSE: This bill prevents landlords from receiving a financial windfall from major capital improvements funded by the New York State Energy and Development Authority (NYSERDA). SUMMARY OF SPECIFIC PROVISIONS: Section 1 - Amends paragraph 3 of subdivision d of section 6 of section 4 of chapter 576 of the laws of 1974 to exclude NYSERDA funded projects. Section 2 - Amends subparagraph g of paragraph 1 of subdivision g of
2011-S436A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 436--A 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- recommitted to the Committee on Housing, Construction and Community Development in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the administrative code of the city of New York and the emergency tenant protection act of nineteen seventy-four, in relation to approval of major capital improvement rent increases THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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. (1) NO MAJOR CAPITAL IMPROVEMENT RENT INCREASE WILL BE APPROVED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL UNLESS THE WORK PERFORMED IS AN ENHANCEMENT OR UPGRADE TO A HOUSING ACCOMMODATION OR SERVICE THER- EIN; OR IS AN ADDITION TO SUCH HOUSING ACCOMMODATION AND OTHERWISE ELIGIBLE ACCORDING TO THE PREREQUISITES FOR MAJOR CAPITAL IMPROVEMENT RENT INCREASES. ANY REPAIR OR REPLACEMENT INTENDED TO MAINTAIN AN EXISTING SERVICE SHALL NOT BE ELIGIBLE FOR A MAJOR CAPITAL IMPROVEMENT RENT INCREASE. (2) NO APPLICATION FOR A MAJOR CAPITAL IMPROVEMENT RENT INCREASE MAY BE APPROVED IF THERE EXIST ANY OUTSTANDING HAZARDOUS VIOLATIONS AT THE TIME OF THE CONSIDERATION OF SUCH APPLICATION, AS DETERMINED PURSUANT TO REGULATIONS OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OR ANY AGENCY ADMINISTERING AND ENFORCING A BUILDING CODE IN THE JURISDICTION IN WHICH THE PROPERTY IS LOCATED, UNLESS IT IS DETERMINED BY THE DIVI- SION OF HOUSING AND COMMUNITY RENEWAL THAT SUCH WORK IS ESSENTIAL TO THE ALLEVIATION OF THE VIOLATIONS AND SUCH APPROVAL IS CONSISTENT WITH THE PROVISIONS OF THIS SECTION. EXCEPT IN THE CASE OF EMERGENCY OR GOOD EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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