Bill Text: NY S01443 | 2009-2010 | General Assembly | Introduced
Bill Title: Provides that no landlord shall deny access to a licensed professional engineer or licensed registered architect hired by any tenant or tenant association representing tenants of a multiple dwelling of six units or more for the purpose of conducting an inspection of a major capital improvement for which an application for a maximum rent adjustment has been filed by the landlord; provides that such inspection shall be conducted after notice to the landlord and during normal business hours; provides for the filing of such inspection report by such tenants with the New York city rent agency for consideration in such application's determination.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S01443 Detail]
Download: New_York-2009-S01443-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1443
2009-2010 Regular Sessions
I N S E N A T E
February 2, 2009
___________
Introduced by Sens. DUANE, 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 and the
emergency tenant protection act of nineteen seventy-four, in relation
to inspection of major capital improvements for which rent increases
are requested and in relation to extending the provisions of the rent
stabilization law
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subparagraph (g) of paragraph 1 of subdivision g of section
2 26-405 of the administrative code of the city of New York, as amended by
3 chapter 749 of the laws of 1990, is amended to read as follows:
4 (g) There has been since July first, nineteen hundred seventy, a major
5 capital improvement required for the operation, preservation or mainte-
6 nance of the structure. An adjustment under this subparagraph [(g)]
7 shall be in an amount sufficient to amortize the cost of the improve-
8 ments pursuant to this subparagraph [(g)] over a seven-year period. NO
9 LANDLORD SHALL DENY ACCESS TO A PROFESSIONAL ENGINEER LICENSED TO PRAC-
10 TICE IN THE STATE OF NEW YORK OR A REGISTERED ARCHITECT LICENSED TO
11 PRACTICE IN THE STATE OF NEW YORK HIRED BY ANY TENANT, TENANTS OR TENANT
12 ASSOCIATION REPRESENTING TENANTS OF A MULTIPLE DWELLING OF SIX UNITS OR
13 MORE FOR THE PURPOSE OF CONDUCTING AN INSPECTION OF A MAJOR CAPITAL
14 IMPROVEMENT FOR WHICH AN APPLICATION FOR ADJUSTMENT OF MAXIMUM RENT HAS
15 BEEN FILED. SUCH INSPECTION SHALL BE CONDUCTED AFTER NOTICE TO THE LAND-
16 LORD AND DURING NORMAL BUSINESS HOURS. SUCH TENANT MAY FILE THE REPORT
17 OF THE INSPECTION WITH THE CITY RENT AGENCY FOR CONSIDERATION IN THE
18 DETERMINATION OF SUCH APPLICATION; or
19 S 2. Paragraph 6 of subdivision c of section 26-511 of the administra-
20 tive code of the city of New York, as amended by chapter 116 of the laws
21 of 1997, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00409-01-9
S. 1443 2
1 (6) provides criteria whereby the commissioner may act upon applica-
2 tions by owners for increases in excess of the level of fair rent
3 increase established under this law provided, however, that such crite-
4 ria shall provide (a) as to hardship applications, for a finding that
5 the level of fair rent increase is not sufficient to enable the owner to
6 maintain approximately the same average annual net income (which shall
7 be computed without regard to debt service, financing costs or manage-
8 ment fees) for the three year period ending on or within six months of
9 the date of an application pursuant to such criteria as compared with
10 annual net income, which prevailed on the average over the period nine-
11 teen hundred sixty-eight through nineteen hundred seventy, or for the
12 first three years of operation if the building was completed since nine-
13 teen hundred sixty-eight or for the first three fiscal years after a
14 transfer of title to a new owner provided the new owner can establish to
15 the satisfaction of the commissioner that he or she acquired title to
16 the building as a result of a bona fide sale of the entire building and
17 that the new owner is unable to obtain requisite records for the fiscal
18 years nineteen hundred sixty-eight through nineteen hundred seventy
19 despite diligent efforts to obtain same from predecessors in title and
20 further provided that the new owner can provide financial data covering
21 a minimum of six years under his or her continuous and uninterrupted
22 operation of the building to meet the three year to three year compar-
23 ative test periods herein provided; and (b) as to completed building-
24 wide major capital improvements, for a finding that such improvements
25 are deemed depreciable under the Internal Revenue Code and that the cost
26 is to be amortized over a seven-year period, based upon cash purchase
27 price exclusive of interest or service charges. NO LANDLORD SHALL DENY
28 ACCESS TO A PROFESSIONAL ENGINEER LICENSED TO PRACTICE IN THE STATE OF
29 NEW YORK OR A REGISTERED ARCHITECT LICENSED TO PRACTICE IN THE STATE OF
30 NEW YORK HIRED BY ANY TENANT, TENANTS OR TENANT ASSOCIATION REPRESENTING
31 TENANTS OF A MULTIPLE DWELLING OF SIX UNITS OR MORE FOR THE PURPOSE OF
32 CONDUCTING AN INSPECTION OF A MAJOR CAPITAL IMPROVEMENT FOR WHICH AN
33 APPLICATION FOR ADJUSTMENT OF MAXIMUM RENT HAS BEEN FILED. SUCH
34 INSPECTION SHALL BE CONDUCTED AFTER NOTICE TO THE LANDLORD AND DURING
35 NORMAL BUSINESS HOURS. SUCH TENANT MAY FILE THE REPORT OF THE INSPECTION
36 WITH THE CITY RENT AGENCY FOR CONSIDERATION IN THE DETERMINATION OF SUCH
37 APPLICATION. Notwithstanding anything to the contrary contained herein,
38 no hardship increase granted pursuant to this paragraph shall, when
39 added to the annual gross rents, as determined by the commissioner,
40 exceed the sum of, (i) the annual operating expenses, (ii) an allowance
41 for management services as determined by the commissioner, (iii) actual
42 annual mortgage debt service (interest and amortization) on its indebt-
43 edness to a lending institution, an insurance company, a retirement fund
44 or welfare fund which is operated under the supervision of the banking
45 or insurance laws of the state of New York or the United States, and
46 (iv) eight and one-half percent of that portion of the fair market value
47 of the property which exceeds the unpaid principal amount of the mort-
48 gage indebtedness referred to in subparagraph (iii) of this paragraph.
49 Fair market value for the purposes of this paragraph shall be six times
50 the annual gross rent. The collection of any increase in the stabilized
51 rent for any apartment pursuant to this paragraph shall not exceed six
52 percent in any year from the effective date of the order granting the
53 increase over the rent set forth in the schedule of gross rents, with
54 collectability of any dollar excess above said sum to be spread forward
55 in similar increments and added to the stabilized rent as established or
56 set in future years;
S. 1443 3
1 S 3. Paragraph 3 of subdivision d of section 6 of section 4 of chapter
2 576 of the laws of 1974, constituting the emergency tenant protection
3 act of nineteen seventy-four, as amended by chapter 749 of the laws of
4 1990, is amended to read as follows:
5 (3) there has been since January first, nineteen hundred seventy-four
6 a major capital improvement required for the operation, preservation or
7 maintenance of the structure. An adjustment under this paragraph shall
8 be in an amount sufficient to amortize the cost of the improvements
9 pursuant to this paragraph over a seven-year period. NO LANDLORD SHALL
10 DENY ACCESS TO A PROFESSIONAL ENGINEER LICENSED TO PRACTICE IN THE STATE
11 OF NEW YORK OR A REGISTERED ARCHITECT LICENSED TO PRACTICE IN THE STATE
12 OF NEW YORK HIRED BY ANY TENANT, TENANTS OR TENANT ASSOCIATION REPRES-
13 ENTING TENANTS OF A MULTIPLE DWELLING OF SIX UNITS OR MORE FOR THE
14 PURPOSE OF CONDUCTING AN INSPECTION OF A MAJOR CAPITAL IMPROVEMENT FOR
15 WHICH AN APPLICATION FOR ADJUSTMENT OF MAXIMUM RENT HAS BEEN FILED. SUCH
16 INSPECTION SHALL BE CONDUCTED AFTER NOTICE TO THE LANDLORD AND DURING
17 NORMAL BUSINESS HOURS. SUCH TENANT MAY FILE THE REPORT OF THE INSPECTION
18 WITH THE CITY RENT AGENCY FOR CONSIDERATION IN THE DETERMINATION OF SUCH
19 APPLICATION, or
20 S 4. Section 26-520 of the administrative code of the city of New
21 York, as amended by local law number 3 of the city of New York for the
22 year 2006, is amended to read as follows:
23 S 26-520 Expiration date. This chapter shall expire on April first,
24 two thousand [nine] TWELVE unless rent control shall sooner terminate as
25 provided in subdivision three of section one of the local emergency
26 housing rent control law.
27 S 5. This act shall take effect on the one hundred twentieth day after
28 it shall have become a law, except that any rules and regulations neces-
29 sary for the timely implementation of this act on its effective date
30 shall be promulgated on or before such date; provided that the amendment
31 to section 26-405 of the city rent and rehabilitation law made by
32 section one of this act shall remain in full force and effect only so
33 long as the public emergency requiring the regulation and control of
34 residential rents and evictions continues, as provided in subdivision 3
35 of section 1 of the local emergency housing rent control act and
36 provided further that the amendment to section 26-511 of the rent
37 stabilization law of nineteen hundred sixty-nine made by section two of
38 this act shall expire on the same date as such law expires and shall not
39 affect the expiration of such law as provided under section 26-520 of
40 such law and provided further that the amendment to section 6 of the
41 emergency tenant protection act of nineteen seventy-four made by section
42 three of this act shall expire on the same date as such act expires and
43 shall not affect the expiration of such act as provided in section 17 of
44 chapter 576 of the laws of 1974, as amended.
