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- Referred to judiciary
- Referred to judiciary
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Let Tenants Refuse Amenity Fees
In Assembly Committee · Housing · Sponsor Michael Blake
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1024
2019-2020 Regular Sessions
IN SENATE
January 10, 2019
Introduced by Sens. RIVERA, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the real property law, in relation to landlord's proposed rental amenity changes and increased rent
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 226-a of the real property law, as added by chapter 76 of the laws of 1959 and renumbered by chapter 107 of the laws of 1975, is amended to read as follows:
§ 226-a. Effect of new lease on tenant's right to remove or deny fixtures or improvements. 1. Unless otherwise expressly agreed, where a tenant has a right to remove fixtures or improvements, such right shall not be lost or impaired by reason of his acceptance of a new lease of the same premises without any surrender of possession between terms.
2. Tenants shall have the option to decline proposed rental amenity changes recommended by the landlords so long as the amenity changes are not essential to the foundation and function of the building, such as heating, support, plumbing, etc. and the changes would result in an increase in rent.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06779-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the real property law, in relation to landlord's proposed rental amenity changes and increased rent
Purpose or general idea of bill
This bill would control the ever-rising property tax by limiting the amount by which the City of New York may increase property taxes each year.
Summary of specific provisions
Section 1 of the bill would add a new g 3-e to the General Municipal Law to establish a real property tax levy cap for New York City. Under the property tax levy cap:
*New York City may not its property tax levy by more than 2 percent or the rate of inflation (whichever is. less).
*New York City may exceed the tax levy cap only if the City Council, by a two-thirds vote by local law overriding the tax levy cap.
* The cap will have limited exceptions including:
*Personal injury settlements that exceed 10 percent of the taxing enti- ty's budget;
*Certain capital expenditures; and
*The increase or decrease in the city cost of state mandated social services assistance to persons eligible for public assistance (including those programs Temporary Assistance to Needy Families ("TANF") program, or the Safety Net Assistance Program ("SNAP")).
*The State Comptroller will determine the tax levy limitations for local governments that are consolidated or dissolved.
* Any excess levy funds that are collected due to clerical or technical errors will he held in reserve.
Justification
New York property taxes are among the highest taxes in the nation. When you combine State and local taxes, New York has the second highest prop- erty taxes in the nation. The median U.S. property tax paid is $1,917 and in New York it is $3,755--96 percent higher than the national medi- an. Moreover, New York has the highest local taxes in America as a percentage of personal income--79 percent above the national average. New York City residents are looking for relief from high property tax increases. Such increases jeopardize their quality of life and the abil- ity to stay in their homes. This bill would limit New York City's abili- ty to raise property levies, up to 20. This bill will relieve taxpayers from unexpected high property tax increases.
This measure will force the City to budget more responsibly without looking at property taxpayers as a way to balance its budget. This Proposal will allow property owners to budget for their property taxes. It will also prevent city government from burdening the people with . outrageous increases. By limiting future increases, families and espe- cially those on fixed incomes -- would have a much better sense of what they need to budget. This bill will also help reign in out of control government spending.
Prior legislative history
2016:S.3709 -Passed Senate / A.6498 - Referred to Ways & Means.
2015:S.3709- Passed Senate / A.6498 - Referred to Ways & Means.
2014:S.4547- 3rd Reading Calendar / A.6431- Referred to Ways & Means.
2013:S.4547- 3rd Reading Calendar / A.6431- Referred to Ways & Means.
2012:S.2866 -Referred to Cities / A.4741-Referred to Ways t, Means.
2011:S.2866- Reported to Finance / A.4741- Referred to Ways & Means.
Fiscal implications
This bill would benefit taxpayers in the City of New York by limiting the annual amount of real property taxes the City can levy.
Effective date
This act shall take effect immediately and shall first apply to the levy of taxes by local governments for the fiscal year that begins in 2020.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.