S1733-2013 Actions

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

S1733-2013 Memo

BILL NUMBER:S1733

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

PURPOSE OR GENERAL IDEA OF BILL:
This bill will prohibit the imposition of any surcharge for the
installation or use of a tenant-installed appliance.

SUMMARY OF SPECIFIC PROVISIONS:
This bill amends section (1) of the administrative code of the city of
New York by adding a new section (26-416) that prohibits the
imposition of any surcharge fox the installation ox use of a
tenant-installed appliance.

JUSTIFICATION:
On March 24, 2005 the NYS Division of Housing and Community Renewal
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. This action was purportedly
taken in order to account for the increased wear on plumbing and the
increased utility costs paid by landlords, but these costs are
already taken into account when calculating rent. Because these costs
are already accounted for in the rent itself, and this action has the
likely effect of increasing disputes between landlords and tenants,
this bill is necessary to prohibit appliance surcharges.

PRIOR LEGISLATIVE HISTORY:
2009-10: A.1127 - Advanced to 3rd Reading Cal. No 734
2007-08: A.3643 - Referred to Housing
2005-06: A.8264 - Referred to Housing

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:
This act shall take effect immediately; provided that section 26-416
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.

S1733-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1733
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sens.  ESPAILLAT,  KRUEGER, MONTGOMERY -- 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, in
 relation to surcharges for the installation or use of  certain  appli
 ances in housing accommodations subject to rent control
 

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 26-416 to read as follows:

 

S 26-416 SURCHARGES FOR TENANT-INSTALLED APPLIANCES. THE IMPOSITION OF
 ANY  SURCHARGE  FOR THE INSTALLATION OR USE OF A TENANT-INSTALLED APPLI
 ANCE IS PROHIBITED.
 

S 2. This act shall take effect  immediately;  provided  that  section
 26-416  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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01187-01-3

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