What's happening
This bill defines "essential services" for housing and requires rent increases to be approved only if all essential services are maintained.
Why it matters
Clearly defines "essential services". including repairs, maintenance, utilities, and elevator service—so both tenants and landlords have a shared understanding of what must be provided for rent increases to be considered.
Ties rent increases directly to the maintenance of essential services. , meaning landlords cannot raise rents unless these core services are being provided and kept up, offering tenants important leverage for habitability and quality of life.
Prevents rent increases in properties with outstanding safety or health violations. (such as fire hazards or other dangerous conditions), ensuring tenant protection from paying more for substandard or unsafe housing.
Allows for exceptions only when rent increases are necessary to restore essential services or address hazardous conditions. , but even then, increases are conditional and time-limited, pushing landlords to promptly resolve critical issues before benefiting financially.
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Who cares
Tenants in limited-profit housing
The bill would generally bar rent increases unless essential services are maintained and would condition increases on continued service.
Limited-profit housing companies
Companies seeking rent increases would have to demonstrate service maintenance, but could seek increases needed to restore services or remedy hazardous conditions within a fixed period.
The commissioner and supervising housing agencies
They would have to apply service-maintenance requirements and restrictions tied to certified unsafe or unlawful occupancy conditions when reviewing rent increases.
Departments and agencies overseeing building safety
Their certification of fire hazards, continued dangerous conditions, threats to life or health, or unlawful occupancy would generally block rent increases, subject to the bill’s corrective-work exception.
Headline styles
No Rent Hikes Without Repairs
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Referred to housing
- Referred to housing
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 Rent Hikes Without Repairs
In Senate Committee · Housing, Construction And Community Development · Sponsor Brian Kavanagh
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3146
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
Introduced by M. of A. DINOWITZ, MOSLEY, PERRY, RODRIGUEZ, BARRON -- Multi-Sponsored by -- M. of A. GOTTFRIED -- read once and referred to the Committee on Housing
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 fire hazard or in a continued dangerous condition or detrimental to life
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00706-01-9
A. 3146 2
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.