S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    917
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by M. of A. JOYNER, ORTIZ, GUNTHER, GOTTFRIED, COOK, BARRON,
   GLICK, D'URSO, COLTON, SIMON, PERRY -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00096-01-9

 A. 917                              2
 
 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
 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

 A. 917                              3
 
 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  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. 917                              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.