What's happening
This bill prohibits landlords from charging surcharges for tenant-installed appliances if the tenant pays for their own electricity in rent-controlled housing.
Why it matters
Protects tenants from extra costs. By prohibiting surcharges for tenant-installed appliances when tenants pay their own electric bills, the bill directly prevents landlords from imposing additional, potentially burdensome charges on rent-controlled tenants.
Encourages energy autonomy. Tenants who pay for their own electricity can install and use appliances without fear of being penalized, supporting personal choice and possibly energy efficiency or cost-saving measures.
Addresses affordability in rent-controlled housing. This measure further strengthens rent protections by closing a loophole that could undermine the affordability goals of rent control through non-rent surcharges.
Tied to ongoing housing emergency. The bill’s provisions remain only as long as the declared housing emergency continues, making this protection responsive to broader conditions affecting tenants’ rights and stability.
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Who cares
Headline styles
Ban Appliance Surcharges
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to housing, construction and community development
- 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.
No Surcharges for Appliances
Assembly Floor Calendar · Sponsor Jeffrey Dinowitz
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
799
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sen. ALCANTARA -- 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 surcharges for the installation or use of certain appliances in housing accommodations subject to rent control
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The administrative code of the city of New York is amended by adding a new section 26-416 to read as follows:
§ 26-416 Surcharges for tenant-installed appliances. The imposition of any surcharge for the installation or use of a tenant-installed appliance is prohibited where the tenant pays for electric utility service.
§ 2. This act shall take effect immediately; provided that section 26-416 of the city rent and rehabilitation law as added 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.
LBD00019-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the administrative code of the city of New York, in relation to surcharges for the installation or use of certain appliances in housing accommodations subject to rent control
Purpose or general idea of bill
This bill will prohibit the imposition of any surcharge for the installation or use of a tenant-installed appliance.
Summary of specific provisions
This bill amends section (1) of the administrative code of the city of New York by adding a new section (26-416) that prohibits the imposition of any surcharge for the installation or use of a tenant-installed appliance where the tenant pays for electric utility service.
Justification
On March 24, 2005 the NYS Division of Housing and Community Renewal issued Operational Bulletin 2005-1 which states that in both rent controlled and rent stabilized apartments, when a tenant requests permission to install a washer, dryer, or dishwasher, the owner can collect a surcharge for each appliance. This action was purportedly taken in order to account for the increased wear on plumbing and the increased utility costs paid by landlords, but these costs are already taken into account when calculating rent Because these costs are already accounted for in the rent itself, and this action has the likely effect of increasing disputes between landlords and tenants, this bill is necessary to prohibit appliance surcharges.
Prior legislative history
2015-16: Referred to Housing, Construction, and Community Development 2011-12 - A.1338 Referred to Housing/S.3268 - Referred to Housing, Construction and Community Development 2009-10 - A.1127 - Advanced to 3rd reading cal. No. 734 2007-08 - A.3843 - Referred to Housing 2005-06 - A.8264 - Referred to Housing
Fiscal implications
None
Effective date
This act shall take effect immediately; provided that section 26-416 of the city rent and rehabilitation law as added 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 2 of section 1 of the local emergency housing rent control act.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.