Requires landlord to grant access to engineer or architect hired by tenants to inspect major capital improvements in certain multiple dwellings

1 Co-sponsor

• José Peralta

BILL NUMBER:S1282A

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 inspection of major capital improvements for which rent increases are requested and in relation to extending the provisions of the rent stabilization law

Summary of specific provisions

This legislation would require landlords of rent-stabilized and rent-controlled apartment buildings who are applying for major capital improvement increases to allow access to a professional engineer or architect hired by the tenant, tenants or tenants' association to inspect the improvements done by the landlord. In turn, the report filed by the engineer or architect can be submitted with the NYC rent agency or the State Division of Housing and Community Renewal by the tenants in objection to the major capital improvement increase.

Justification

In order to receive a major capital improvement rent increase, a landlord must file a report with the Division of Housing and Community Renewal (DHCR) which sends a copy of that report to the tenants of the building. The DHCR then gives the tenants an opportunity to verify the information in the report, and, if the tenants disagree with the landlord's claims, to object to the proposed rent increase. In order for tenants to verify what is stated in the landlord's report, they must be able to hire experts to inspect the improvements described in the report. Presently, landlords can deny access to engineers or architects hired by the tenants. This legislation requires landlords to allow access to engineers or architects hired by the tenants to inspect building improvements, and enables tenants to use reports prepared by their experts to object to the proposed rent increase.

Prior legislative history

1999-2000 S.3671 Died in Senate Housing Committee 2001-2002 S.2043 Died in Senate Housing Committee 2003-2004 S.627 Died in Senate Housing Committee 2003-2004 S.627 Died in Senate Housing Committee 2005-2006 S.4156 Died in Senate Housing Committee 2009: S.1443/A.1357 (Died in Senate Housing/Died in Assembly Housing) 2010: S.1443/A.1357 (Died in Senate Housing/Died in Assembly Codes)

Fiscal implications

None.

Effective date

This act shall take effect on the 120th day after it shall have become a law.