Bill S1305-2013

Relates to charges for the installation or use of certain appliances in housing accommodations subject to rent control and rent stabilization

Relates to charges for the installation or use of certain appliances in housing accommodations subject to rent control and rent stabilization; requires landlords to remove extra charges for appliances after the full cost has been recouped through rent payments.

Details

Actions

  • Jan 8, 2014: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • Jan 9, 2013: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Memo

BILL NUMBER:S1305

TITLE OF BILL: An act to amend the administrative code of the city of New York and the emergency tenant protection act of nineteen seventy-four, in relation to charges for the installation or use of certain appliances in housing accommodations subject to rent control and rent stabilization

PURPOSE OR GENERAL IDEA OF BILL: To amend the administrative code of the city of New York and the emergency tenant protection act of 1974 so that in rent stabilized and controlled properties, charges for new appliance are capped once the owner recoups the reimbursement, interest and installation charges.

SUMMARY OF SPECIFIC PROVISIONS: The administrative code of the city of New York is amended by adding a new section 26-513.1. Once a landlord recoups capital costs, including installation and interest for new appliances, those charges will be removed from leases in rent-controlled and rent-stabilized buildings. Landlords must keep all records of payment.

JUSTIFICATION: Once a tenant covers the costs of a new appliance including installation and interest, that tenant should not be charged additional funds. This amount should then be deducted from the monthly rental fee. New appliance costs end up as a rent hike once the total costs are recovered by a landlord. Any payments that exceed the cost of the appliance, installation and any interest are simply a rent hike.

PRIOR LEGISLATIVE HISTORY: This bill was previously introduced.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately, provided that section 26-513.1 of the rent stabilization law of nineteen hundred sixty-nine as added by section one 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; provided further that the amendments to section 4 of the emergency tenant protection act of nineteen seventy-four made by section two of this act shall expire on the same date as such act expires and shall not affect the expiration of such act as provided in section 17 of chapter 576 of the laws of 1974 as amended.


Text

STATE OF NEW YORK ________________________________________________________________________ 1305 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. STAVISKY -- 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 and the emergency tenant protection act of nineteen seventy-four, in relation to charges for the installation or use of certain appliances in hous- ing accommodations subject to rent control and rent stabilization THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The administrative code of the city of New York is amended by adding a new section 26-513.1 to read as follows: S 26-513.1 LIMIT PASS-ALONG COST OF APPLIANCES IN LEASES. WHERE A LANDLORD INCLUDES A CHARGE FOR ANY APPLIANCE AS PART OF A TENANT'S MONTHLY RENT, SUCH AMOUNT MAY ONLY BE CHARGED UNTIL SUCH TIME AND IN SUCH AMOUNT AS TO COVER THE COST OF SUCH APPLIANCE, INCLUDING ANY DOCU- MENTED INTEREST. WHEN THE TOTAL AMOUNT OF THE APPLIANCE, PLUS ANY INTER- EST AMOUNT INCURRED BY THE LANDLORD FOR THE PURCHASE OF SUCH APPLIANCE, HAS BEEN PAID BY THE TENANT, THE LANDLORD SHALL DECREASE THE TENANT'S RENT BY SUCH ADDITIONAL CHARGE. A LANDLORD SHALL MAINTAIN RECORDS DOCU- MENTING ANY AMOUNTS PAID, INCLUDING INTEREST, FOR AN APPLIANCE. S 2. Section 6 of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy- four is amended by adding a new subdivision h to read as follows: H. NOTWITHSTANDING ANY PROVISION OF THIS ACT TO THE CONTRARY, WHERE A LANDLORD INCLUDES A CHARGE FOR ANY APPLIANCE AS PART OF A TENANT'S MONTHLY RENT, SUCH AMOUNT MAY ONLY BE CHARGED UNTIL SUCH TIME AND IN SUCH AMOUNT AS TO COVER THE COST OF SUCH APPLIANCE, INCLUDING ANY DOCU- MENTED INTEREST. WHEN THE TOTAL AMOUNT OF THE APPLIANCE, PLUS ANY INTER- EST AMOUNT INCURRED BY THE LANDLORD FOR THE PURCHASE OF SUCH APPLIANCE, HAS BEEN PAID BY THE TENANT, THE LANDLORD SHALL DECREASE THE TENANT'S
RENT BY SUCH ADDITIONAL CHARGE. A LANDLORD SHALL MAINTAIN RECORDS DOCU- MENTING ANY AMOUNTS PAID, INCLUDING INTEREST, FOR AN APPLIANCE. S 3. This act shall take effect immediately provided section 26-513.1 of the rent stabilization law of nineteen hundred sixty-nine as added by section one 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; provided further that the amendments to section 4 of the emergency tenant protection act of nineteen seven- ty-four made by section two of this act shall expire on the same date as such act expires and shall not affect the expiration of such act as provided in section 17 of chapter 576 of the laws of 1974, as amended.

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