What's happening
This bill defines "essential services" in housing and requires rent increases to be contingent on their maintenance and safety compliance.
Why it matters
More explicit tenant protections. By defining "essential services" (such as heat, water, repairs, elevator service), the bill clarifies what landlords are legally required to maintain, making it easier for tenants to understand and assert their rights.
Stronger leverage against neglect. Rent increases can only be approved if all essential services are being maintained, giving tenants a concrete mechanism to challenge rent hikes when landlords fail to address problems like broken elevators or insufficient heat.
Ties safety to rent regulation. The law prohibits rent increases if the building is deemed a fire hazard, dangerous, or in violation of safety laws, incentivizing landlords to prioritize tenant safety and basic habitability before seeking higher rents.
Limits exceptions and sets accountability. If a rent increase is needed specifically to restore essential services or fix hazards, approval is only allowed if the landlord promptly addresses the problems, adding a layer of accountability and urgency to repairs and maintenance.
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Who cares
Headline styles
Sponsors
2 Co-sponsors
History
- Referred to housing, construction and community development
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Tie Rent Hikes to Services
Assembly Floor Calendar · Sponsor Jeffrey Dinowitz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
150
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sens. SQUADRON, HAMILTON, HOYLMAN -- 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 defining "essential services" and conditioning approval of increase of maximum rentals upon maintenance of all essential services
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 12 of the private housing finance law is amended by adding a new subdivision 17 to read as follows:
17. "Essential services". Those essential services which the company furnished or which it was obligated to furnish on the date of occupancy and which were included in the maximum rent for the dwelling accommodations on that date. These may include, but are not limited to the following: repairs and maintenance, the furnishing of light, heat, hot and cold water, and elevator service. This subdivision shall not apply with respect to services which shall have been reduced or discontinued pursuant to the express consent of the division.
§ 2. 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 and except as otherwise provided in this subdivision, the commissioner or supervising agency shall not approve an increase in the present maximum average monthly rental unless the company or other applicant is found to be maintaining all essential services furnished or required to be furnished as of the date of the issuance of the order authorizing a rent increase and such increase shall be conditioned on the maintenance of such services thereafter. Except as otherwise provided in this subdivision, no rent increase shall be approved where the appropriate department or agency having jurisdiction certifies the dwelling accommodation is a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02369-01-7
S. 150 2
fire hazard or in a continued dangerous condition or detrimental to life or health or is occupied in violation of law. Upon a showing by the company or other applicant that an increase in maximum average monthly rentals is required in order to maintain essential services or to cure any hazardous or dangerous condition then, in such event, the commissioner or supervising agency may approve an increase in such maximum average monthly rentals provided that such increase shall be contingent upon the restoration and continuance of essential services and the removal of hazardous or dangerous conditions within a fixed period of time which shall be as short as reasonably practicable under the circumstances.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the private housing finance law, in relation to defining "essential services" and conditioning approval of increase of maximum rentals upon maintenance of all essential services
Purpose
The purpose of this bill is to ensure that rent increases in Mitchell-Lama buildings are only granted when the housing company or landlord is maintaining essential services or when the increases are conditioned upon their being restored. The bill provides that before any rent increase is approved in respect to a Mitchell-Lama building, the housing company applying for the increase must be found to be maintaining all essential services, and that no increase shall be approved where there is a certification that the dwelling accommodation is a fire hazard or is in a dangerous condition, or is detrimental to life or health or is occupied in violation of law. If essential services are not being maintained or if fire hazards or dangerous conditions exist, a rent increase may be approved contingent upon the restoration of essential services of removal of unsafe conditions in a reasonably short and fixed time period. This bill also contains a definition of essential services which indicates that such services include, but are not limited to, repairs, maintenance, and furnishing of light, heat, hot and cold water, telephone and elevator services, kitchen, bath and laundry facilities and privileges, as well as resident manager, superintendent and janitorial services, removal of refuse, park and recreation facilities, security safeguards, and community meeting facilities and nursery school rooms. The provisions of the bill would not apply with respect to services reduced or discontinued pursuant to the express consent of the division of housing and community renewal.
Justification
Mitchell-Lama buildings are operated on what is, in essence, a cost plus formula. Therefore, rentals are paid to a level necessary to maintain essential services. If rentals are inadequate, the housing company may apply for an increase in such rentals. There is, therefore, no excuse for a housing company or landlord not to provide essential services to tenants. It is particularly unfair for tenants to face a rent increase in a Mitchell-Lama building when essential services are not being maintained. The bill will help ensure that landlords provide essential services if an increase is to be granted.
Legislative history
2016: S586/A87 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT/ advanced to third reading 2015: S586/A87 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT/ advanced to third reading 2014: S207/A454 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT/Passed Assembly 2013: S207/A454 - REFERRED TO HOUSING,CONSTRUCTION AND COMMUNITY DEVELOPMENT/Passed Assembly 2012: S736/A193 - REFERRED TO HOUSING,CONSTRUCTION AND COMMUNITY DEVELOPMENT/Passed Assembly 2011: S736/A193 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT/Advanced to third reading 2010: 51658 (Espada)/A540 - REFERRED TO HOUSING,CONSTRUCTION AND COMMUNITY DEVELOPMENT/Passed Assembly 2009: S1658 (Espada)/A450 - REFERRED TO HOUSING,CONSTRUCTION AND COMMUNITY DEVELOPMENT/Passed Assembly
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.