Prohibits any increase in the average monthly rental of a property by a limited-profit housing company unless the appropriate local housing agency certifies that there exists no recorded violations against such property or that all recorded violations have been cleared, corrected or abated, and that such company is maintaining all essential services required to be furnished.
TITLE OF BILL: An act to amend the private housing finance law, in relation to prohibiting increases in maximum rents for dwellings unless all essential services are maintained and requiring certification of other conditions
PURPOSE/SUMMARY OF PROVISIONS: This bill would add subdivision 1-a to Section 31 of the Private Housing Finance Law to prohibit rent increases on Mitchell-Lama housing unless all essential services axe maintained and the appropriate department certifies that there are no recorded violations or that all violations have been cleared, corrected, or abated against the property in question.
JUSTIFICATION: The high cost of living in the past few years has forced housing companies to raise rents. Often times this occurs even though essential services are not maintained. This bill, by prohibiting rent increases unless these services are maintained and unless there is certification that there are no outstanding violations recorded against the property in question, would protect those who are at the mercy of these housing companies.
EXISTING LAW: None.
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1793 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. ESPAILLAT -- 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 private housing finance law, in relation to prohib- iting increases in maximum rents for dwellings unless all essential services are maintained and requiring certification of other condi- tions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 31 of the private housing finance law is amended by adding a new subdivision 1-a to read as follows: 1-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER NO APPLICA- TION FOR AN INCREASE IN THE AVERAGE MONTHLY RENTAL MAY BE FILED UNLESS (A) A CERTIFICATE OF THE APPROPRIATE DEPARTMENT OR AGENCY HAVING JURIS- DICTION THEREOF IS ANNEXED TO SUCH APPLICATION STATING EITHER THAT THERE ARE NO RECORDED VIOLATIONS AGAINST SUCH PROPERTY OR THAT ALL VIOLATIONS THEREIN RECORDED AGAINST SUCH PROPERTY HAVE BEEN CLEARED, CORRECTED OR ABATED, OR A PORTION OF THE INCREASE IS SPECIFICALLY SET ASIDE IN A TRUST FUND TO CORRECT ALL VIOLATIONS; AND (B) THE COMPANY OR OTHER APPLICANT CERTIFIES IT IS MAINTAINING ALL ESSENTIAL SERVICES REQUIRED TO BE FURNISHED AND WILL CONTINUE TO MAINTAIN SUCH SERVICES. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05328-01-3