Assembly Bill A8755

2017-2018 Legislative Session

Relates to tenant responses to applications for a major capital improvement rent increase

download bill text pdf

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Archive: Last Bill Status - In Assembly 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

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2017-A8755 (ACTIVE) - Details

Current Committee:
Assembly Housing
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; amd §4, Emerg Hous Rent Cont L
Versions Introduced in Other Legislative Sessions:
2019-2020: A2159
2023-2024: A10006

2017-A8755 (ACTIVE) - Summary

Relates to tenant responses to applications for a major capital improvement rent increase; allows tenants to respond within one hundred twenty days from the date of mailing of a notice of a proceeding; requires the state division of housing and community renewal to provide any responding tenant with the reasons for the division's approval or denial of such application.

2017-A8755 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8755
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 31, 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  tenant  responses  to
   applications for a major capital improvement rent increase
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 1 of subdivision  g  of  section  26-405  of  the
 administrative  code  of the city of New York is amended by adding a new
 subparagraph (g-1) to read as follows:
   (G-1) WHERE AN  APPLICATION  FOR  A  MAJOR  CAPITAL  IMPROVEMENT  RENT
 INCREASE  HAS  BEEN  FILED,  A TENANT SHALL HAVE ONE HUNDRED TWENTY DAYS
 FROM THE DATE OF MAILING OF A NOTICE OF A PROCEEDING IN WHICH TO  ANSWER
 OR  REPLY. THE CITY RENT AGENCY SHALL PROVIDE ANY RESPONDING TENANT WITH
 THE REASONS FOR THE CITY RENT AGENCY'S APPROVAL OR DENIAL OF SUCH APPLI-
 CATION; OR
   § 2. Paragraph 6 of subdivision c of section 26-511 of the administra-
 tive code of the city of New York, as amended by section 29 of part A of
 chapter 20 of the laws of 2015, is amended to read as follows:
   (6) provides criteria whereby the commissioner may act  upon  applica-
 tions  by  owners  for  increases  in  excess  of the level of fair rent
 increase established under this law provided, however, that such  crite-
 ria  shall  provide  (a) as to hardship applications, for a finding that
 the level of fair rent increase is not sufficient to enable the owner to
 maintain approximately the same average annual net income  (which  shall
 be  computed  without regard to debt service, financing costs or manage-
 ment fees) for the three year period ending on or within six  months  of
 the  date  of  an application pursuant to such criteria as compared with
 annual net income, which prevailed on the average over the period  nine-
 teen  hundred  sixty-eight  through nineteen hundred seventy, or for the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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