Provides that no tenant of housing accommodations which are subject to rent control shall be subject to a fuel adjustment or pass-along increase in rent; provides that any such increase to such tenant shall be null and void.
Sponsor: KRUEGER / Co-sponsor(s): HOYLMAN, SERRANO / Committee: HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
Law Section: New York City Administrative Code / Law: Add S26-407.1, NYC Ad Cd
Sponsor: KRUEGER / Co-sponsor(s): HOYLMAN, SERRANO / Committee: HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
Law Section: New York City Administrative Code / Law: Add S26-407.1, NYC Ad Cd
S3151-2013 Actions
- Jan 30, 2013: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
S3151-2013 Memo
BILL NUMBER:S3151 TITLE OF BILL: An act to amend the administrative code of the city of New York, in relation to eliminating fuel pass-along charges for occu- pants of rent controlled housing accommodations PURPOSE OR GENERAL IDEA OF BILL: This bill prohibits fuel pass-along charges for occupants of rent controlled housing accommodations. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the administrative code of the city of New York by adding a new section 26-407.1 to prohibit fuel pass-along increases in rent for any tenant of any unit which is subject to rent control. Section 2 contains the effective date. JUSTIFICATION: Many of the tenants who reside in units subject to rent control are senior citizens living on fixed incomes. Unlike residents in other forms of regulated housing, residents in rent controlled apart- ments face a yearly fuel cost adjustment, or pass-along, based on a percentage of the total amount of fuel delivered to a building, and divided by the number of rooms in that building. When fuel costs are as high as they have been throughout 2008, rent controlled tenants face excruciating rent hikes. Unlike both rent regulated tenants and market rate tenants, rent controlled tenants are in no way insulated from sudden and catastrophic rent increases based on higher fuel costs. This bill provides protection to the residents of units subject to rent control, who are likelier to be older, more vulnerable, and less finan- cially secure than tenants in other kinds of housing. FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect on the first of September next succeeding the date on which it shall have become a law; provided that the addition of section 26-407.1 to the city rent and stabilization 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.
S3151-2013 Text
S T A T E O F N E W Y O R K
3151 2013-2014 Regular Sessions I N SENATE January 30, 2013
Introduced by Sen. KRUEGER -- 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 eliminating fuel pass-along charges for occupants of rent controlled housing accommodations
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 26-407.1 to read as follows:
S 26-407.1 FUEL PASS-ALONG TO TENANTS UNDER RENT CONTROL PROHIBITED. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, REGULATION, CHARTER OR ADMINISTRATIVE CODE, TENANTS OF HOUSING ACCOMMODATIONS WHICH ARE SUBJECT TO RENT CONTROL UNDER THIS CHAPTER SHALL NOT BE SUBJECT TO A FUEL ADJUSTMENT OR PASS-ALONG INCREASE IN RENT AND ANY SUCH INCREASE TO SUCH TENANT SHALL BE NULL AND VOID.
S 2. This act shall take effect on the first of September next succeeding the date on which it shall have become a law; provided that the addition of section 26-407.1 to the city rent and rehabilitation 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02308-01-3

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