NY State Senate Bill 2023-S8175

Senate Bill S8175

2023-2024 Legislative Session

Prohibits the adjustment of maximum allowable rent where any modification, increase or improvement is made to accommodate the needs of a disabled tenant

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Current Bill Status - In Senate Committee Housing, Construction And Community Development 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 11, 2024	referred to housing, construction and community development

2023-S8175 (ACTIVE) - Details

See Assembly Version of this Bill:: A8920
Current Committee:: Senate Housing, Construction And Community Development
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:: 2015-2016: A9814
2017-2018: A1937
2019-2020: A917, A5629
2021-2022: A2540, A5882

2023-S8175 (ACTIVE) - Summary

Prohibits the adjustment of maximum allowable rent where any modification, increase or improvement is made to accommodate the needs of a disabled tenant; defines disabled tenant.

2023-S8175 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8175

SPONSOR: CLEARE
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill provides protections against rent increases for tenants with
disabilities in the event those increases result from Individual Apart-
ment Improvements are made to accommodate their needs.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section One of the bill amends section 26-405 of the administrative code
of the city of New York to prohibit an owner from receiving any rent
increase 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.

Section Two amends paragraph 13 of subdivision c of section 26-511 of
the administrative code of the city of New York to prohibit an owner
from receiving any rent increase pursuant to this subparagraph where any
modification or increase in dwelling space, services, furniture,
furnishings or equipment is made to accommodate the needs of a disabled
tenant.

Section Three amends section 6 of section 4 of chapter 576 of the laws
of 1974,constituting the emergency tenant protection act of nineteen
seventy-four to prohibit an owner from receiving any rent increase
pursuant to this subparagraph where any modification or increase in
dwelling space, services, -furniture, furnishings or equipment is made
to accommodate the needs of a disabled tenant.

Section Four amends 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 to prohibit an owner from
receiving any rent increase pursuant to this subparagraph where any
modification or increase in dwelling space, services, furniture,
furnishings or equipment is made to accommodate the needs of a disabled
tenant.

For purposes of this bill, a disabled person shall be defined as an
individual 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 activ-
ities, and (ii) who is regarded as having such impairment as certified
by a licensed physician of this state. This act shall take effect imme-
diately with some exceptions.

 
JUSTIFICATION:

Information obtained from the New York State Department of Health indi-
cates that approximately 3.2 million New York residents report having a
disability, including limitations in hearing, vision, mobility, or
cognition that may impede their ability to participate in major life
roles or activities of daily living. This bill will prohibit any rent
increase due to housing modifications made to accommodate the needs of
those persons living with a disability.  Currently, disabled persons run
the risk of facing additional rent increases should their landlord modi-
fy or improve accessibility through an Individual Apartment Improvement.
Such improvements.  include the installation of grab bars in the bath-
room, making closet and front doors easier to open, and other services,
furnishings and furniture that can assist persons with disabilities.

The enactment of this legislation will provide protections for persons
with disabilities that need assistance in their housing situations, and
limit any increases that they could face for installation of accommo-
dations that can ease their quality of life and accessibility.

 
LEGISLATIVE HISTORY OF THE BILL:

Assembly:

01/05/22 Referredt o housing

03/01/21 Referred to housing

01/14/19 Referred to Housing,

01/03/18 Referred to Housing,

01/17/17 Referred to Housing,

04/12/16 Referred to Housing

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This Act shall take effect immediately

2023-S8175 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8175
 
                             I N  S E N A T E
 
                             January 11, 2024
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 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 20 of part Q of chapter 39 of the laws of 2019,  is  amended  to
 read as follows:
   (e)  The  landlord  and  tenant  by mutual voluntary written agreement
 demonstrating informed  consent  agree  to  a  substantial  increase  or
 decrease  in  dwelling  space  or  a change in furniture, furnishings or
 equipment provided in the housing accommodations.  An  adjustment  under
 this subparagraph shall be equal to one-one hundred sixty-eighth, in the
 case  of  a building with thirty-five or fewer housing accommodations or
 one-one hundred eightieth in the case of a building with more than thir-
 ty-five housing accommodations where  such  temporary  adjustment  takes
 effect on or after the effective date of [the] chapter THIRTY-SIX of the
 laws  of  two thousand nineteen [that amended this subparagraph], of the
 total actual cost incurred by the landlord in providing such  reasonable
 and  verifiable  modification  or increase in dwelling space, furniture,
 furnishings, or  equipment,  including  the  cost  of  installation  but
 excluding  finance  charges  and  any costs that exceed reasonable costs
 established by rules and regulations  promulgated  by  the  division  of
 housing and community renewal. Such rules and regulations shall include:
 (i) requirements for work to be done by licensed contractors and prohib-
 it  common  ownership between the landlord and the contractor or vendor;
 and (ii) a requirement that the owner resolve within the dwelling  space
 all  outstanding  hazardous  or  immediately hazardous violations of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02332-01-3
 S. 8175                             2
 
 Uniform Fire Prevention and Building Code (Uniform Code), New York  City
 Fire  Code,  or New York City Building and Housing Maintenance Codes, if
 applicable. 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. Provided  further  that  the
 recoverable  costs  incurred  by the landlord, pursuant to this subpara-
 graph shall be limited to an aggregate cost of fifteen thousand  dollars
 that may be expended on no more than three separate individual apartment
 improvements  in a fifteen year period beginning with the first individ-
 ual apartment improvement on or  after  June  fourteenth,  two  thousand
 nineteen.  Provided  further  that increases to the legal regulated rent
 pursuant to this subparagraph 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.  The
 owner  shall  give  written  notice  to the city rent agency of any such
 temporary adjustment pursuant to this 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 EQUIPMENT IS MADE TO ACCOMMODATE THE
 NEEDS  OF  A  DISABLED TENANT. FOR PURPOSES OF THIS SUBPARAGRAPH, "DISA-
 BLED" 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  INDIVID-
 UAL'S  MAJOR LIFE ACTIVITIES, AND (II) WHO IS REGARDED AS HAVING SUCH AN
 IMPAIRMENT AS CERTIFIED BY A LICENSED PHYSICIAN 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 19 of part Q
 of chapter 39 of the laws of 2019, 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
 installation of new  equipment  or  improvements  or  new  furniture  or
 furnishings provided in or to a tenant's housing accommodation, on writ-
 ten  informed  tenant  consent  to  the  rent increase. In the case of a
 vacant housing accommodation, tenant consent shall not be required.  The
 temporary  increase in the legal regulated rent for the affected housing
 accommodation shall be one-one hundred sixty-eighth, in the  case  of  a
 building  with  thirty-five  or  fewer housing accommodations or one-one
 hundred eightieth in the case of a building with more  than  thirty-five
 housing  accommodations where such increase takes effect on or after the
 effective date of [the] chapter THIRTY-SIX of the laws of  two  thousand
 nineteen  [that  amended  this  paragraph],  of  the  total  actual cost
 incurred by the landlord in providing  such  reasonable  and  verifiable
 modification  or  increase in dwelling space, furniture, furnishings, or
 equipment, including the cost  of  installation  but  excluding  finance
 charges  and any costs that exceed reasonable costs established by rules
 and regulations promulgated by the division  of  housing  and  community
 renewal.  Such rules and regulations shall include: (i) requirements for
 work to be done by licensed contractors and  prohibit  common  ownership
 between  the  landlord and the contractor or vendor; and (ii) a require-
 ment that the owner resolve within the dwelling  space  all  outstanding
 hazardous  or  immediately  hazardous  violations  of  the  Uniform Fire
 Prevention and Building Code (Uniform Code), New York City Fire Code, or
 New York City Building and Housing  Maintenance  Codes,  if  applicable.
 Provided further that an owner who is entitled to a rent increase pursu-
 S. 8175                             3
 
 ant  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  further  that  the  recoverable  costs
 incurred by the landlord, pursuant to this paragraph, shall  be  limited
 to an aggregate cost of fifteen thousand dollars that may be expended on
 no  more  than  three  separate  individual  apartment improvements in a
 fifteen year  period  beginning  with  the  first  individual  apartment
 improvement on or after June fourteenth, two thousand nineteen. Provided
 further  that  increases  to  the  legal regulated rent pursuant to this
 paragraph 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.  PROVIDED, HOWEVER,  AN
 OWNER  SHALL NOT BE ENTITLED TO ANY RENT INCREASE PURSUANT TO THIS PARA-
 GRAPH 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.
   § 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 Q of
 chapter 39 of the laws of 2019, is amended to read as follows:
   (1) there has been a substantial modification or increase of  dwelling
 space, or installation of new equipment or improvements or new furniture
 or  furnishings,  provided in or to a tenant's housing accommodation, on
 written informed tenant consent to the rent increase. In the case  of  a
 vacant  housing accommodation, tenant consent shall not be required. The
 temporary increase in the legal regulated rent for the affected  housing
 accommodation  shall  be  one-one hundred sixty-eighth, in the case of a
 building with thirty-five or fewer  housing  accommodations  or  one-one
 hundred  eightieth  in the case of a building with more than thirty-five
 housing accommodations where such increase takes effect on or after  the
 effective  date  of [the] chapter THIRTY-SIX of the laws of two thousand
 nineteen [that  amended  this  paragraph],  of  the  total  actual  cost
 incurred  by  the  landlord  up to fifteen thousand dollars in providing
 such reasonable and verifiable  modification  or  increase  in  dwelling
 space,  furniture,  furnishings,  or  equipment,  including  the cost of
 installation but excluding finance charges and  any  costs  that  exceed
 reasonable costs established by rules and regulations promulgated by the
 division  of  housing  and community renewal. Such rules and regulations
 shall include:   (i) requirements  for  work  to  be  done  by  licensed
 contractors  and  a prohibition on common ownership between the landlord
 and the contractor or vendor; and (ii)  a  requirement  that  the  owner
 resolve  within  the  dwelling  space all outstanding hazardous or imme-
 diately hazardous violations of the Uniform Fire Prevention and Building
 Code (Uniform Code), New York City Fire Code, or New York City  Building
 and  Housing  Maintenance Codes, if applicable. 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 further that the recoverable costs incurred  by  the  landlord,
 S. 8175                             4
 
 pursuant  to  this  paragraph,  shall be limited to an aggregate cost of
 fifteen thousand dollars that may be expended  on  no  more  than  three
 separate  individual  apartment  improvements  in  a fifteen year period
 beginning  with  the  first individual apartment improvement on or after
 June fourteenth, two thousand nineteen. Provided further that  increases
 to  the legal regulated rent pursuant to this paragraph 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.  PROVIDED, HOWEVER, AN OWNER SHALL NOT  BE  ENTI-
 TLED TO ANY RENT INCREASE PURSUANT TO THIS PARAGRAPH WHERE ANY MODIFICA-
 TION,  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. Subparagraph 5 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 amended by
 section 36 of part Q of chapter 39 of the laws of 2019,  is  amended  to
 read as follows:
   (5)  the  landlord  and  tenant  by  mutual voluntary written informed
 agreement agree to a substantial increase or decrease in dwelling space,
 furniture, furnishings or equipment provided  in  the  housing  accommo-
 dations;  provided  that  an  owner shall be entitled to a rent increase
 where there has been a substantial modification or increase of  dwelling
 space, or installation of new equipment or improvements or new furniture
 or  furnishings  provided in or to a tenant's housing accommodation. The
 temporary increase in the maximum rent for the affected housing accommo-
 dation shall be one-one hundred sixty-eighth, in the case of a  building
 with  thirty-five  or  fewer  housing accommodations, or one-one hundred
 eightieth, in the case of a building with more than thirty-five  housing
 accommodations  where  such increase takes effect on or after the effec-
 tive date of [the] chapter THIRTY-NINE of the laws of two thousand nine-
 teen [that amended this subparagraph], of the total actual cost incurred
 by the landlord up to fifteen thousand dollars in providing such reason-
 able and verifiable modification or increase in dwelling  space,  furni-
 ture,  furnishings, or equipment, including the cost of installation but
 excluding finance charges and any costs  that  exceed  reasonable  costs
 established  by  rules  and  regulations  promulgated by the division of
 housing and community renewal. Such rules and regulations shall include:
 (i) requirements for work to be  done  by  licensed  contractors  and  a
 prohibition  on common ownership between the landlord and the contractor
 or vendor; and (ii) a requirement that  the  owner  resolve  within  the
 dwelling  space  all  outstanding  hazardous  or  immediately  hazardous
 violations of the uniform fire prevention  and  building  code  (Uniform
 Code),  New  York  city fire code, or New York city building and housing
 maintenance codes, if applicable. Provided further that an owner who  is
 entitled  to  a rent increase pursuant to this clause shall not be enti-
 tled 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.  Provided  further
 that  the  recoverable  costs incurred by the landlord, pursuant to this
 subparagraph, shall be limited to an aggregate cost of fifteen  thousand
 S. 8175                             5
 
 dollars  that  may be expended on no more than three separate individual
 apartment improvements in a fifteen year period beginning with the first
 individual apartment improvement on or after June fourteenth, two  thou-
 sand  nineteen.  Provided  further that increases to the legal regulated
 rent pursuant to this paragraph shall be removed from  the  legal  regu-
 lated  rent  thirty  years  from  the date the increase became effective
 inclusive of any increases granted by  the  applicable  rent  guidelines
 board. 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  ACTIV-
 ITIES,  AND  (II) WHO IS REGARDED AS HAVING SUCH AN IMPAIRMENT AS CERTI-
 FIED BY A LICENSED PHYSICIAN OF THIS STATE; or
   § 5. This act shall take effect immediately; provided that:
   (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; and
   (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.

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