S T A T E O F N E W Y O R K
________________________________________________________________________
7403
2023-2024 Regular Sessions
I N S E N A T E
May 23, 2023
___________
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
Community Development
AN ACT to amend the administrative code of the city of New York, the
emergency housing rent control law and the emergency tenant protection
act of nineteen hundred seventy-four, in relation to extending the
time a tenant shall have to answer when an application for a major
capital improvement rent increase has been filed
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 10 of subdivision a of section 26-511.1 of the
administrative code of the city of New York, as added by section 4 of
part K of chapter 36 of the laws of 2019, is amended to read as follows:
(10) provide, that where an application for a major capital improve-
ment rent increase has been filed, a tenant shall have [sixty] NINETY
days from the date of mailing of a notice of a proceeding in which to
answer or reply;
§ 2. Paragraph 10 of subdivision a of section 26-405.1 of the adminis-
trative code of the city of New York, as added by section 5 of part K of
chapter 36 of the laws of 2019, is amended to read as follows:
(10) provide, that where an application for a major capital improve-
ment rent increase has been filed, a tenant shall have [sixty] NINETY
days from the date of mailing of a notice of a proceeding in which to
answer or reply;
§ 3. Paragraph 10 of subdivision (a) of section 10-b of section 4 of
chapter 576 of the laws of 1974, constituting the emergency tenant
protection act of nineteen seventy-four, as added by section 6 of part K
of chapter 36 of the laws of 2019, is amended to read as follows:
10. provide, that where an application for a major capital improvement
rent increase has been filed, a tenant shall have [sixty] NINETY days
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08813-03-3
S. 7403 2
from the date of mailing of a notice of a proceeding in which to answer
or reply;
§ 4. Paragraph (j) of subdivision 1 of section 8-a of chapter 274 of
the laws of 1946, constituting the emergency housing rent control law,
as added by section 7 of part K of chapter 36 of the laws of 2019, is
amended to read as follows:
(j) provide, that where an application for a major capital improvement
rent increase has been filed, a tenant shall have [sixty] NINETY days
from the date of mailing of a notice of a proceeding in which to answer
or reply;
§ 5. Paragraph 6 of subdivision c of section 26-511 of the administra-
tive code of the city of New York, as separately amended by section 12
of part K of chapter 36 and section 28 of part Q of chapter 39 of the
laws of 2019, 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
first three years of operation if the building was completed since nine-
teen hundred sixty-eight or for the first three fiscal years after a
transfer of title to a new owner provided the new owner can establish to
the satisfaction of the commissioner that he or she acquired title to
the building as a result of a bona fide sale of the entire building and
that the new owner is unable to obtain requisite records for the fiscal
years nineteen hundred sixty-eight through nineteen hundred seventy
despite diligent efforts to obtain same from predecessors in title and
further provided that the new owner can provide financial data covering
a minimum of six years under his or her continuous and uninterrupted
operation of the building to meet the three year to three year compar-
ative test periods herein provided; and (b) as to completed building-
wide major capital improvements, for a finding that such improvements
are deemed depreciable under the Internal Revenue Code and that the cost
is to be amortized over a twelve-year period for a building with thir-
ty-five or fewer housing accommodations, or a twelve and one-half-year
period for a building with more than thirty-five housing accommodations,
for any determination issued by the division of housing and community
renewal after the effective date of the [the] chapter of the laws of two
thousand nineteen that amended this paragraph and shall be removed from
the legal regulated rent thirty years from the date the increase became
effective inclusive of any increases granted by the applicable rent
guidelines board. Temporary major capital improvement increases shall be
collectible prospectively on the first day of the first month beginning
sixty days from the date of mailing notice of approval to the tenant.
Such notice shall disclose the total monthly increase in rent and the
first month in which the tenant would be required to pay the temporary
increase. An approval for a temporary major capital improvement increase
shall not include retroactive payments. The collection of any increase
shall not exceed two percent in any year from the effective date of the
order granting the increase over the rent set forth in the schedule of
S. 7403 3
gross rents, with collectability of any dollar excess above said sum to
be spread forward in similar increments and added to the rent as estab-
lished or set in future years. Upon vacancy, the landlord may add any
remaining balance of the temporary major capital improvement increase to
the legal regulated rent. Notwithstanding any other provision of the
law, for any renewal lease commencing on or after June 14, 2019, the
collection of any rent increases due to any major capital improvements
approved on or after June 16, 2012 and before June 16, 2019 shall not
exceed two percent in any year for any tenant in occupancy on the date
the major capital improvement was approved or based upon cash purchase
price exclusive of interest or service charges. Where an application for
a temporary major capital improvement increase has been filed, a tenant
shall have [sixty] NINETY days from the date of mailing of a notice of a
proceeding in which to answer or reply. The state division of housing
and community renewal shall provide any responding tenant with the
reasons for the division's approval or denial of such application. THE
DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL REQUIRE THE SUBMISSION
OF COPIES OF ALL PERMITS PERTAINING TO MAJOR CAPITAL IMPROVEMENT WORK
WITH ANY APPLICATION FOR A MAJOR CAPITAL IMPROVEMENT RENT INCREASE. ANY
APPLICATION SUBMITTED WITH FRAUDULENT PERMITS OR WITHOUT REQUIRED
PERMITS SHALL BE DENIED. Notwithstanding anything to the contrary
contained herein, no hardship increase granted pursuant to this para-
graph shall, when added to the annual gross rents, as determined by the
commissioner, exceed the sum of, (i) the annual operating expenses, (ii)
an allowance for management services as determined by the commissioner,
(iii) actual annual mortgage debt service (interest and amortization) on
its indebtedness to a lending institution, an insurance company, a
retirement fund or welfare fund which is operated under the supervision
of the banking or insurance laws of the state of New York or the United
States, and (iv) eight and one-half percent of that portion of the fair
market value of the property which exceeds the unpaid principal amount
of the mortgage indebtedness referred to in subparagraph (iii) of this
paragraph. Fair market value for the purposes of this paragraph shall be
six times the annual gross rent. The collection of any increase in the
stabilized rent for any apartment pursuant to this paragraph shall not
exceed six percent in any year from the effective date of the order
granting the increase over the rent set forth in the schedule of gross
rents, with collectability of any dollar excess above said sum to be
spread forward in similar increments and added to the stabilized rent as
established or set in future years;
§ 6. Paragraph 3-a of subdivision d of section 6 of section 4 of chap-
ter 576 of the laws of 1974, constituting the emergency tenant
protection act of nineteen seventy-four, as added by section 13 of part
K of chapter 36 of the laws of 2019, is amended to read as follows:
(3-a) an application for a temporary major capital improvement
increase has been filed, a tenant shall have [sixty] NINETY days from
the date of mailing of a notice of a proceeding in which to answer or
reply. The state division of housing and community renewal shall provide
any responding tenant with the reasons for the division's approval or
denial of such application; or
§ 7. Subparagraph 7 of the second undesignated paragraph of paragraph
(a) of subdivision 4 of section 4 of chapter 274 of the laws of 1946,
constituting the emergency housing rent control law, as separately
amended by section 25 of part Q of chapter 39 and section 14 of part K
of chapter 36 of the laws of 2019, is amended to read as follows:
S. 7403 4
(7) there has been since March first, nineteen hundred fifty, a major
capital improvement essential for the preservation, energy efficiency,
functionality, or infrastructure of the entire building, improvement of
the structure including heating, windows, plumbing and roofing, but
shall not be for operational costs or unnecessary cosmetic improvements;
which for any order of the commissioner issued after the effective date
of the chapter of the laws of two thousand nineteen that amended this
paragraph the cost of such improvement shall be amortized over a twelve-
year period for buildings with thirty-five or fewer units or a twelve
and one-half year period for buildings with more than thirty-five units,
and shall be removed from the legal regulated rent thirty years from the
date the increase became effective inclusive of any increases granted by
the applicable rent guidelines board. Temporary major capital improve-
ment increases shall be collectible prospectively on the first day of
the first month beginning sixty days from the date of mailing notice of
approval to the tenant. Such notice shall disclose the total monthly
increase in rent and the first month in which the tenant would be
required to pay the temporary increase. An approval for a temporary
major capital improvement increase shall not include retroactive
payments. The collection of any increase shall not exceed two percent in
any year from the effective date of the order granting the increase over
the rent set forth in the schedule of gross rents, with collectability
of any dollar excess above said sum to be spread forward in similar
increments and added to the rent as established or set in future years.
Upon vacancy, the landlord may add any remaining balance of the tempo-
rary major capital improvement increase to the legal regulated rent.
Notwithstanding any other provision of the law, for any renewal lease
commencing on or after June 14, 2019, the collection of any rent
increases due to any major capital improvements approved on or after
June 16, 2012 and before June 16, 2019 shall not exceed two percent in
any year for any tenant in occupancy on the date the major capital
improvement was approved; provided, however, where an application for a
temporary major capital improvement increase has been filed, a tenant
shall have [sixty] NINETY days from the date of mailing of a notice of a
proceeding in which to answer or reply. The state division of housing
and community renewal shall provide any responding tenant with the
reasons for the division's approval or denial of such application;
PROVIDED, HOWEVER, NO APPLICATION FOR A MAJOR CAPITAL IMPROVEMENT RENT
INCREASE SHALL BE APPROVED BY THE DIVISION OF HOUSING AND COMMUNITY
RENEWAL UNLESS THE OWNER OF THE PROPERTY HAS FILED ALL COPIES OF PERMITS
PERTAINING TO THE MAJOR CAPITOL IMPROVEMENT WORK WITH SUCH APPLICATION.
ANY APPLICATION SUBMITTED WITH FRAUDULENT PERMITS OR WITHOUT REQUIRED
PERMITS SHALL BE DENIED; or
§ 8. Subparagraph (g) of paragraph 1 of subdivision g of section
26-405 of the administrative code of the city of New York, as amended by
section 27 of part Q of chapter 39 of the laws of 2019, is amended to
read as follows:
(g) There has been since July first, nineteen hundred seventy, a major
capital improvement essential for the preservation energy efficiency,
functionality, or infrastructure of the entire building, improvement of
the structure including heating, windows, plumbing and roofing but shall
not be for operational costs or unnecessary cosmetic improvements. The
temporary increase based upon a major capital improvement under this
subparagraph for any order of the commissioner issued after the effec-
tive date of the chapter of the laws of two thousand nineteen that
amended this subparagraph shall be in an amount sufficient to amortize
S. 7403 5
the cost of the improvements pursuant to this subparagraph (g) over a
twelve-year period for buildings with thirty-five or fewer units or a
twelve and one-half year period for buildings with more than thirty-five
units, and shall be removed from the legal regulated rent thirty years
from the date the increase became effective inclusive of any increases
granted by the applicable rent guidelines board. Temporary major capital
improvement increases shall be collectible prospectively on the first
day of the first month beginning sixty days from the date of mailing
notice of approval to the tenant. Such notice shall disclose the total
monthly increase in rent and the first month in which the tenant would
be required to pay the temporary increase. An approval for a temporary
major capital improvement increase shall not include retroactive
payments. The collection of any increase shall not exceed two percent in
any year from the effective date of the order granting the increase over
the rent set forth in the schedule of gross rents, with collectability
of any dollar excess above said sum to be spread forward in similar
increments and added to the rent as established or set in future years.
Upon vacancy, the landlord may add any remaining balance of the tempo-
rary major capital improvement increase to the legal regulated rent.
Notwithstanding any other provision of the law, for any renewal lease
commencing on or after June 14, 2019, the collection of any rent
increases due to any major capital improvements approved on or after
June 16, 2012 and before June 16, 2019 shall not exceed two percent in
any year for any tenant in occupancy on the date the major capital
improvement was approved[,]; PROVIDED, HOWEVER, NO APPLICATION FOR A
MAJOR CAPITAL IMPROVEMENT RENT INCREASE SHALL BE APPROVED BY THE DIVI-
SION OF HOUSING AND COMMUNITY RENEWAL UNLESS THE OWNER OF THE PROPERTY
HAS FILED ALL COPIES OF PERMITS PERTAINING TO THE MAJOR CAPITAL IMPROVE-
MENT WORK WITH SUCH APPLICATION. ANY APPLICATION SUBMITTED WITH FRAUDU-
LENT PERMITS OR WITHOUT REQUIRED PERMITS SHALL BE DENIED; or
§ 9. Paragraph 3 of subdivision d of section 6 of section 4 of chap-
ter 576 of the laws of 1974, constituting the emergency tenant
protection act of nineteen seventy-four, as amended by section 26 of
part Q of chapter 39 of the laws of 2019, is amended to read as follows:
(3) there has been since January first, nineteen hundred seventy-four
a major capital improvement essential for the preservation, energy effi-
ciency, functionality, or infrastructure of the entire building,
improvement of the structure including heating, windows, plumbing and
roofing, but shall not be for operation costs or unnecessary cosmetic
improvements. An adjustment under this paragraph shall be in an amount
sufficient to amortize the cost of the improvements pursuant to this
paragraph over a twelve-year period for a building with thirty-five or
fewer housing accommodations, or a twelve and one-half period for a
building with more than thirty-five housing accommodations and shall be
removed from the legal regulated rent thirty years from the date the
increase became effective inclusive of any increases granted by the
applicable rent guidelines board, for any determination issued by the
division of housing and community renewal after the effective date of
the chapter of the laws of two thousand nineteen that amended this para-
graph. Temporary major capital improvement increases shall be collecta-
ble prospectively on the first day of the first month beginning sixty
days from the date of mailing notice of approval to the tenant. Such
notice shall disclose the total monthly increase in rent and the first
month in which the tenant would be required to pay the temporary
increase. An approval for a temporary major capital improvement increase
shall not include retroactive payments. The collection of any increase
S. 7403 6
shall not exceed two percent in any year from the effective date of the
order granting the increase over the rent set forth in the schedule of
gross rents, with collectability of any dollar excess above said sum to
be spread forward in similar increments and added to the rent as estab-
lished or set in future years. Upon vacancy, the landlord may add any
remaining balance of the temporary major capital improvement increase to
the legal regulated rent. Notwithstanding any other provision of the
law, the collection of any rent increases for any renewal lease commenc-
ing on or after June 14, 2019, due to any major capital improvements
approved on or after June 16, 2012 and before June 16, 2019 shall not
exceed two percent in any year for any tenant in occupancy on the date
the major capital improvement was approved[,]; PROVIDED, HOWEVER, NO
APPLICATION FOR A MAJOR CAPITAL IMPROVEMENT RENT INCREASE SHALL BE
APPROVED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL UNLESS THE
OWNER OF THE PROPERTY HAS FILED ALL COPIES OF PERMITS PERTAINING TO THE
MAJOR CAPITAL IMPROVEMENT WORK WITH SUCH APPLICATION. ANY APPLICATION
SUBMITTED WITH FRAUDULENT PERMITS OR WITHOUT REQUIRED PERMITS SHALL BE
DENIED; or
§ 10. This act shall take effect immediately; provided that the
amendments to sections 26-405 and 26-405.1 of the city rent and rehabil-
itation law made by sections two and eight 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; provided, further, that the amendments to sections
26-511 and 26-511.1 of the administrative code of the city of New York,
made by sections one and five 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.