What's happening
This bill defines "essential services" in private housing and requires their maintenance for approval of rent increases.
Why it matters
Creates a clear legal definition of “essential services”. such as repairs, maintenance, heat, water, and elevator service—ensuring tenants know exactly what landlords must provide as part of their housing agreements.
Directly ties landlord eligibility for rent increases to the maintenance of all essential services. , making it harder for property owners to raise rents while neglecting basic maintenance or amenities.
Prevents rent increases for units that are unsafe or violate health and safety codes. , increasing accountability for landlords and offering stronger protections for tenants living in hazardous conditions.
Allows for rent increases only if they are needed to restore essential services or fix dangerous conditions. , but requires that these issues be resolved quickly, aligning financial incentives with prompt repairs and improved living conditions.
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Who cares
Headline styles
No Rent Hikes Without Repairs
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 26
No co-sponsors yet.
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 Rent Hikes Without Repairs
In Assembly Committee · Housing · Sponsor Jeffrey Dinowitz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5118
2019-2020 Regular Sessions
IN SENATE
April 9, 2019
Introduced by Sen. KAVANAGH -- 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 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
S. 5118 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.
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
To ensure that rent increases in Mitchell-Lama buildings are granted only when the housing company or landlord maintain essential services or when the increases are conditioned upon their being restored.
Summary of provisions
Section one of the bill would amend section 12 of the Private Housing Finance Law by adding a new subdivision 17 which defines "essential services."
Read the full memo (641 words)
Section two of the bill would amend section 31 of the Private Housing Finance Law by adding a new subdivision which requires that before any rent increase is approved by the commissioner or supervising agency in respect to a Mitchell-Lama building, the housing company or other appli- cant 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. Upon a showing by the company or appli- cant that an increase in rent is required to maintain essential services or to remedy any hazardous or dangerous condition, the commissioner or supervising agency may approve in an increase in rent.
Section three sets forth the effective date.
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 unjustified for tenants to face a rent increase in a Mitchell-Lama building when essential services are not being maintained. The bill will ensure that where landlords are guaran- teed a specific rate of return, they are also, at the very least, compelled to maintain essential services if an increase is to be grant- ed. Since there may be situations where the landlord may need a rent increase in order to maintain essential services, or to cure dangerous conditions, a rent increase should be permissible contingent upon the necessary improvements being made in a short-fixed period of time.
Prior legislative history
2018: A1116 (Dinowitz) - Ordered to third reading cal.76 2017: S150 (Squadron)/A1116 (Dinowitz)- Referred to Housing, Construction, and Community Development/Advanced to third reading cal.151
2016: S586 (Squadron)/A87 (Dinowitz) - Referred to Housing, Construction, and Community Development/Advanced to third reading cal.495 2015: S586 (Squadron)/A87 (Dinowitz) - Referred to Housing, Construction, and Community Development/Advanced to third reading cal.218 2014: S207 (Squadron)/A451 (Dinowitz) - Referred to Housing, Construction, and Community Development/Passed Assembly 2013: S207 (Squadron)/A451 (Dinowitz) - Referred to Housing, Construction, and Community Development/Passed Assembly 2012: S736 (Squadron)/A193 (Dinowitz) - Referred to Housing, Construction, and Community Development/Passed Assembly 2011: S736 (Squadron)/A193 (Dinowitz) - Referred to Housing, Construction, and Community Development/Passed Assembly 2010: S1658 (Espada)/A540 (Dinowitz) - Referred to Housing, Construction, and Community Development/Passed Assembly 2009: S1658 (Espada)/A540 (Dinowitz) - Referred to Housing, Construction, and Community Development/Passed Assembly 2008: A531 (Dinowitz)- Passed Assembly and died in Senate Housing, Construction, and Community Development 2007: A531 (Dinowitz) - Passed Assembly and died in Senate Rules 2006: A1225 (Dinowitz) - Passed Assembly and died in Senate Housing, Construction, and Community Development 2005: A1225 (Dinowitz) - Referred to Housing 2004: A6071 (Kaufman) - Passed Assembly and died in Senate Housing, Construction, and Community Development 2003: A6071 (Kaufman) - Referred to Housing 2002: S2854 (Velella)/A1434 (Kaufman) - Referred to Housing, Construction, and Community Development/Passed Assembly 2001: S2854 (Velella)/A1434 (Kaufman) - Referred to Housing, Construction, and Community Development/Passed Assembly
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.