BILL NUMBER: S6718A

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York, in
relation to surcharges for the installation or use of certain appliances
in housing accommodations subject to rent control or rent stabilization

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would prohibit the imposition of any surcharge for the instal-
lation or use of a tenant-installed appliance in housing accommodations
subject to rent control or rent stabilization.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill adds § 26-416.1 to the administrative code of
the city of New York to prohibit the imposition of any surcharge for the
installation or use of a tenant-installed appliance where the tenant
pays for electric utility service in rent controlled housing accommo-
dations.
              

Section two of the bill adds § 26-512.1 to the administrative code of
the city of New York to prohibit the imposition of any surcharge for the
installation or use of a tenant-installed appliance where the tenant
pays for electric utility service in rent stabilized housing accommo-
dations.

Section three of the bill provides the effective date.

 
JUSTIFICATION:

On March 24, 2005, the NYS Division of Housing and Community Renewal
(DHCR) issued Operational Bulletin 2005-1, which states that, in both
rent controlled and rent stabilized apartments, when a tenant requests
permission to install a washer, dryer, or dishwasher, the owner can
collect a surcharge for each appliance. Over the past 20 years, DHCR has
issued four supplements to Operational Bulletin 2005-1, with the most
recent being Supplement No. 4 released in January 2025, increasing the
surcharges that owners can collect from tenants.

DHCR purportedly issued this rule to help owners account for the
increased wear on plumbing and increased utility costs from newly
installed appliances, but these costs are already considered when calcu-
lating rent. As such, these surcharges are likely to increase disputes
between landlords and tenants at a time when there is a severe housing
affordability crisis in New York State.

This bill would prohibit surcharges for the installation or use of a
tenant-installed appliance where the renter pays for electric utility
service in rent controlled and rent stabilized buildings. This proposal
would protect renters from paying extra for costs that landlords already
account for in the rent.

 
PRIOR LEGISLATIVE HISTORY:

2023-24: A.689 - Housing / S.4967 - Passed Senate

2021-22: A.1436-A - Housing / S.2013-A - Passed Senate

2019-20: A.3170 - Housing / S.3319 - Passed Senate

2017-18: A.1093 - Third Reading Calendar / S.799 - Housing, Construction
and Community Development

2015-16: A.1795 - Third Reading Calendar / S.3583 - Housing,
Construction and Community Development

2013-14: A.555-A - Rules / S.1733-A - Housing, Construction and Communi-
ty Development

2011-12: A.1338 - Housing / S.3268 - Housing Construction and Community
Development

2009-10: A.1127 - Third Reading Calendar

2007-08: A.3843 - Housing

2005-06: A.8264 - Housing

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided that section 26-416.1
of the city rent and rehabilitation law as added 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 provided, further, that
section 26-512.1 of chapter 4 of title 26 of the administrative code of
the city of New York, as added 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.