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

                                  9814

                          I N  A S S E M B L Y

                             April 12, 2016
                               ___________

Introduced by M. of A. JOYNER -- 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 prohibiting the adjust-
  ment of maximum allowable rent where  any  modification,  increase  or
  improvement is made to accommodate the needs of a disabled tenant

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

  Section 1. Subparagraph (e) of paragraph 1 of subdivision g of section
26-405 of the administrative code of the city of New York, as amended by
section 15 of part B of chapter 97 of the laws of 2011,  is  amended  to
read as follows:
  (e)  The  landlord  and  tenant  by mutual voluntary written agreement
agree to a substantial increase or  decrease  in  dwelling  space  or  a
change  in the services, furniture, furnishings or equipment provided in
the housing accommodations. An adjustment under this subparagraph  shall
be  equal to one-fortieth, in the case of a building with thirty-five or
fewer housing accommodations, or one-sixtieth, in the case of a building
with more than thirty-five housing accommodations where such  adjustment
takes  effect  on or after September twenty-fourth, two thousand eleven,
of the total cost incurred by the landlord in providing  such  modifica-
tion  or increase in dwelling space, services, furniture, furnishings or
equipment, including the cost of  installation,  but  excluding  finance
charges,  provided  further  that  an  owner  who  is entitled to a rent
increase pursuant to this  subparagraph  shall  not  be  entitled  to  a
further  rent increase based upon the installation of similar equipment,
or new furniture or furnishings within  the  useful  life  of  such  new
equipment, or new furniture or furnishings. The owner shall give written
notice  to  the city rent agency of any such adjustment pursuant to this
subparagraph; PROVIDED, HOWEVER, AN OWNER SHALL NOT BE ENTITLED  TO  ANY
ADJUSTMENT  PURSUANT  TO  THIS  SUBPARAGRAPH  WHERE  ANY MODIFICATION OR
INCREASE IN DWELLING SPACE, SERVICES, FURNITURE, FURNISHINGS  OR  EQUIP-
MENT  IS  MADE  TO  ACCOMMODATE  THE  NEEDS  OF A DISABLED TENANT.   FOR

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

                                                           LBD14723-01-6

A. 9814                             2

PURPOSES OF THIS SUBPARAGRAPH, "DISABLED" MEANS AN INDIVIDUAL (I) WITH A
PHYSICAL OR MENTAL IMPAIRMENT, INCLUDING, BUT NOT LIMITED TO,  THOSE  OF
NEUROLOGICAL,  EMOTIONAL  OR  SENSORY ORGANS, WHICH SUBSTANTIALLY LIMITS
ONE  OR  MORE OF THE INDIVIDUAL'S MAJOR LIFE ACTIVITIES, AND (II) WHO IS
REGARDED AS HAVING SUCH AN IMPAIRMENT AS CERTIFIED BY A LICENSED  PHYSI-
CIAN OF THIS STATE; or
  S  2.  Paragraph 13 of subdivision c of section 26-511 of the adminis-
trative code of the city of New York, as amended by section 16 of part B
of chapter 97 of the laws of 2011, is amended to read as follows:
  (13) provides that an owner is entitled to a rent increase where there
has been a substantial modification or increase of dwelling space or  an
increase  in  the services, or installation of new equipment or improve-
ments or new furniture or furnishings provided in or to a tenant's hous-
ing accommodation, on written tenant consent to the  rent  increase.  In
the  case of a vacant housing accommodation, tenant consent shall not be
required. The permanent increase in the legal  regulated  rent  for  the
affected  housing  accommodation shall be one-fortieth, in the case of a
building with thirty-five or fewer housing accommodations, or one-sixti-
eth, in the case of a building with more than thirty-five housing accom-
modations where such permanent increase takes effect on or after Septem-
ber twenty-fourth, two thousand eleven, of the total  cost  incurred  by
the  landlord  in  providing  such  modification or increase in dwelling
space, services, furniture, furnishings or equipment, including the cost
of installation, but excluding finance charges. Provided further that an
owner who is entitled to a rent  increase  pursuant  to  this  paragraph
shall  not be entitled to a further rent increase based upon the instal-
lation of similar equipment, or new furniture or furnishings within  the
useful  life  of  such  new  equipment, or new furniture or furnishings.
PROVIDED, HOWEVER, AN OWNER SHALL NOT BE ENTITLED TO ANY  RENT  INCREASE
PURSUANT  TO THIS PARAGRAPH WHERE ANY MODIFICATION, INCREASE OR IMPROVE-
MENT IN DWELLING SPACE, SERVICES, FURNITURE, FURNISHINGS OR EQUIPMENT IS
MADE TO ACCOMMODATE THE NEEDS OF A DISABLED TENANT.    FOR  PURPOSES  OF
THIS  PARAGRAPH,  "DISABLED"  MEANS AN INDIVIDUAL (I) WITH A PHYSICAL OR
MENTAL IMPAIRMENT, INCLUDING, BUT NOT LIMITED TO, THOSE OF NEUROLOGICAL,
EMOTIONAL OR SENSORY ORGANS, WHICH SUBSTANTIALLY LIMITS ONE OR  MORE  OF
THE  INDIVIDUAL'S  MAJOR  LIFE  ACTIVITIES,  AND (II) WHO IS REGARDED AS
HAVING SUCH AN IMPAIRMENT AS CERTIFIED BY A LICENSED PHYSICIAN  OF  THIS
STATE.
  S 3. Paragraph 1 of subdivision d of section 6 of section 4 of chapter
576  of  the  laws of 1974, constituting the emergency tenant protection
act of nineteen seventy-four, as amended by section  18  of  part  B  of
chapter 97 of the laws of 2011, is amended to read as follows:
  (1)  there has been a substantial modification or increase of dwelling
space or an increase in the services, or installation of  new  equipment
or  improvements  or  new  furniture or furnishings, provided in or to a
tenant's housing accommodation, on written tenant consent  to  the  rent
increase.  In the case of a vacant housing accommodation, tenant consent
shall not be required. The permanent increase  in  the  legal  regulated
rent  for  the  affected housing accommodation shall be one-fortieth, in
the case of a building with thirty-five or fewer housing accommodations,
or one-sixtieth, in the case of a building with  more  than  thirty-five
housing  accommodations where such permanent increase takes effect on or
after September twenty-fourth, two thousand eleven, of  the  total  cost
incurred  by  the landlord in providing such modification or increase in
dwelling space, services, furniture, furnishings or equipment, including
the cost  of  installation,  but  excluding  finance  charges.  Provided

A. 9814                             3

further  that  an  owner  who is entitled to a rent increase pursuant to
this paragraph shall not be entitled to a further  rent  increase  based
upon  the  installation  of  similar  equipment,  or  new  furniture  or
furnishings  within the useful life of such new equipment, or new furni-
ture or furnishings.  PROVIDED, HOWEVER, AN OWNER SHALL NOT BE  ENTITLED
TO  ANY RENT INCREASE PURSUANT TO THIS PARAGRAPH WHERE ANY MODIFICATION,
INCREASE  OR  IMPROVEMENT  IN  DWELLING  SPACE,   SERVICES,   FURNITURE,
FURNISHINGS  OR EQUIPMENT IS MADE TO ACCOMMODATE THE NEEDS OF A DISABLED
TENANT.  FOR PURPOSES OF THIS PARAGRAPH, "DISABLED" MEANS AN  INDIVIDUAL
(I) WITH A PHYSICAL OR MENTAL IMPAIRMENT, INCLUDING, BUT NOT LIMITED TO,
THOSE  OF NEUROLOGICAL, EMOTIONAL OR SENSORY ORGANS, WHICH SUBSTANTIALLY
LIMITS ONE OR MORE OF THE INDIVIDUAL'S MAJOR LIFE ACTIVITIES,  AND  (II)
WHO  IS REGARDED AS HAVING SUCH AN IMPAIRMENT AS CERTIFIED BY A LICENSED
PHYSICIAN OF THIS STATE.
  S 4. Clause 5 of the second undesignated paragraph of paragraph (a) of
subdivision 4 of section 4 of chapter 274 of the laws of  1946,  consti-
tuting  the emergency housing rent control law, as amended by section 25
of part B of chapter 97 of the laws of  2011,  is  amended  to  read  as
follows:
  (5)  the  landlord  and  tenant  by mutual voluntary written agreement
agree to a substantial increase or  decrease  in  dwelling  space  or  a
change  in the services, furniture, furnishings or equipment provided in
the housing accommodations; provided that an owner shall be entitled  to
a  rent  increase  where  there  has  been a substantial modification or
increase of dwelling space or an increase in the services, or  installa-
tion  of  new  equipment or improvements or new furniture or furnishings
provided in or  to  a  tenant's  housing  accommodation.  The  permanent
increase  in  the  maximum  rent  for the affected housing accommodation
shall be one-fortieth, in the case of a  building  with  thirty-five  or
fewer housing accommodations, or one-sixtieth, in the case of a building
with  more  than thirty-five housing accommodations where such permanent
increase takes effect on or after September twenty-fourth, two  thousand
eleven,  of  the  total  cost incurred by the landlord in providing such
modification  or  increase  in  dwelling  space,  services,   furniture,
furnishings  or  equipment,  including  the  cost  of  installation, but
excluding finance charges provided further that an owner who is entitled
to a rent increase pursuant to this clause shall not be  entitled  to  a
further  rent increase based upon the installation of similar equipment,
or new furniture or furnishings within  the  useful  life  of  such  new
equipment, or new furniture or furnishings. The owner shall give written
notice to the commission of any such adjustment pursuant to this clause;
PROVIDED,  HOWEVER,  AN  OWNER  SHALL  NOT BE ENTITLED TO ANY ADJUSTMENT
PURSUANT TO THIS CLAUSE WHERE ANY MODIFICATION, IMPROVEMENT OR  INCREASE
IN DWELLING SPACE, SERVICES, FURNITURE, FURNISHINGS OR EQUIPMENT IS MADE
TO  ACCOMMODATE  THE  NEEDS  OF A DISABLED TENANT.  FOR PURPOSES OF THIS
CLAUSE, "DISABLED" MEANS AN INDIVIDUAL (I) WITH  A  PHYSICAL  OR  MENTAL
IMPAIRMENT,  INCLUDING,  BUT  NOT  LIMITED  TO,  THOSE  OF NEUROLOGICAL,
EMOTIONAL OR SENSORY ORGANS, WHICH SUBSTANTIALLY LIMITS ONE OR  MORE  OF
THE  INDIVIDUAL'S  MAJOR  LIFE  ACTIVITIES,  AND (II) WHO IS REGARDED AS
HAVING SUCH AN IMPAIRMENT AS CERTIFIED BY A LICENSED PHYSICIAN  OF  THIS
STATE; or
  S 5. This act shall take effect immediately; provided that:
  (a)  the  amendments  to section 26-405 of the city rent and rehabili-
tation law made by section one of this act shall remain  in  full  force
and effect only as long as the public emergency requiring the regulation
and control of residential rents and evictions continues, as provided in

A. 9814                             4

subdivision  3  of section 1 of the local emergency housing rent control
act;
  (b)  the amendments made to section 26-511 of chapter 4 of title 26 of
the administrative code of the city of New York made by section  two  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 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
  (d) 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.