S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1937
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06704-01-7

 A. 1937                             2
 
 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
 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
   §  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.
   § 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

 A. 1937                             3
 
 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  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.
   § 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
   § 5. This act shall take effect immediately; provided that:

 A. 1937                             4
 
   (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
 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.