BILL NUMBER: S546

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, at a minimum,
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:

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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. Beginning September 23, 2020, residents of
1-04 Astoria Boulevard have been without gas service. One month later,
NYCHA still refused to comment as to when the service might be restored.
Moreover, Woodside Houses residents are still, as of October 2022, expe-
riencing heat and hot water outages are a result of Hurricane Idea. It
is clear from the repeated deprivation of essential utility services
that NYCHA cannot be held accountable to correct such outages in a time-
ly 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:

2022: Passed Senate/Died in Housing (Assembly)

2021: Passed Senate/Died in Housing (Assembly)

2020: Died in Rules/Died in Housing (Assembly)

 
FISCAL IMPLICATIONS:

TBD

 
LOCAL FISCAL IMPLICATIONS:

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EFFECTIVE DATE:
Immediately.