BILL NUMBER: S9086

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the public housing law, in relation to enacting the
"NYCHA utility accountability act"

 
PURPOSE::

To provide New York City Housing Authority ("NYCHA") tenants a prorated
rental reduction for utility outages.

 
SUMMARY OF PROVISIONS::

Section one is the title.

Section two of the bill amends the public housing law by adding a new
subdivision 5 to section 402-e to require that NYCHA will reduce the
amount of rent to be paid by tenants in the instance of a heat, water,
gas, or electric service outage by either $75 prorated on a daily basis
              

or the tenant's prorated daily cost of rent, whichever is more, for
every day of utility outage.

Section three sets the effective date.

 
EXISTING LAW::

 
JUSTIFICATION::

NYCHA has a long and troubling history failing to promptly resolve util-
ity outages for which they must face repercussions. Throughout several
cold months from 2017-2018, many NYCHA residents were without heat
service. As a result, in 2020, Diamond v. New York City Housing Authori-
ty (NYCHA) held that a class action lawsuit against NYCHA for rent
abatements for the tenants that experienced loss of heating in their
residences could proceed. More recently, beginning September 23, 2020,
residents of 1-04 Astoria Boulevard have been without gas service. One
month later, NYCHA still refuses to comment as to when the service might
be restored. It is clear from the repeated deprivation of essential
utility services that NYCHA cannot be held accountable to correct such
outages in a timely manner. While without service, tenants deserve to
have their rent, which includes payment for utilities, reduced in a
manner that reflects that loss.

 
LEGISLATIVE HISTORY::

New bill.

 
FISCAL IMPLICATIONS::

None to the state.

 
LOCAL FISCAL IMPLICATIONS::

 
EFFECTIVE DATE::

Immediately.