A00343 Summary:

BILL NO    A00343 

SAME AS    SAME AS S03151

SPONSOR    Rosenthal (MS)

COSPNSR    Colton, Jaffee, Mosley

MLTSPNSR   Farrell, Glick, Gottfried, Perry

Add S26-407.1, NYC Ad Cd

Provides that no tenant of housing accommodations which are subject to rent
control shall be subject to a fuel adjustment or pass-along increase in rent;
provides that any such increase to such tenant shall be null and void.
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A00343 Actions:

BILL NO    A00343 

01/09/2013 referred to housing
01/08/2014 referred to housing
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A00343 Votes:

There are no votes for this bill in this legislative session.
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A00343 Memo:

BILL NUMBER:A343

TITLE OF BILL:  An act to amend the administrative code of the city of
New  York,  in  relation  to  eliminating  fuel pass-along charges for
occupants of rent controlled housing accommodations

PURPOSE OR GENERAL IDEA OF BILL: This bill prohibits  fuel  pass-along
charges for occupants of rent controlled housing accommodations.

SUMMARY  OF  SPECIFIC PROVISIONS:  Section 1 amends the administrative
code of the city of New York by  adding  a  new  section  26-407.1  to
prohibit  fuel pass-along increases in rent for any tenant of any unit
which is subject to rent control.

Section 2 contains the effective date.

JUSTIFICATION:  Many of the tenants who reside  in  units  subject  to
rent  control  are  senior  citizens  living  on fixed incomes. Unlike
residents in other forms  of  regulated  housing,  residents  in  rent
controlled   apartments   face  a  yearly  fuel  cost  adjustment,  or
pass-along, based  on  a  percentage  of  the  total  amount  of  fuel
delivered  to  a  building, and divided by the number of rooms in that
building. When fuel costs are as high as  they  have  been  throughout
2008,  rent  controlled  tenants  face excruciating rent hikes. Unlike
both rent regulated tenants and market rate tenants,  rent  controlled
tenants  are  in  no  way  insulated from sudden and catastrophic rent
increases based on higher fuel costs. This bill provides protection to
the residents of units subject to rent control, who are likelier to be
older, more vulnerable, and less financially secure  than  tenants  in
other kinds of housing.

PRIOR LEGISLATIVE HISTORY:  A1839 of 2011-2012 A6904 of 2009-2010

FISCAL IMPLICATIONS: None.

EFFECTIVE  DATE:  This act shall take effect on the first of September
next succeeding the date on which it shall have become a law; provided
that  the  addition  of  section  26-407.1  to  the  city   rent   and
stabilization law made 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.
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A00343 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                          343

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced by M. of A. ROSENTHAL, COLTON, JAFFEE, BOYLAND -- Multi-Spon-
         sored  by  --  M.  of  A.   FARRELL, GLICK, GOTTFRIED -- read once and
         referred to the Committee on Housing

       AN ACT to amend the administrative code of the  city  of  New  York,  in
         relation  to eliminating fuel pass-along charges for occupants of rent
         controlled housing accommodations

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1.  The administrative code of the city of New York is amended
    2  by adding a new section 26-407.1 to read as follows:
    3    S  26-407.1  FUEL PASS-ALONG TO TENANTS UNDER RENT CONTROL PROHIBITED.
    4  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, REGULATION, CHARTER OR
    5  ADMINISTRATIVE CODE, TENANTS OF HOUSING ACCOMMODATIONS WHICH ARE SUBJECT
    6  TO RENT CONTROL UNDER THIS CHAPTER  SHALL  NOT  BE  SUBJECT  TO  A  FUEL
    7  ADJUSTMENT  OR PASS-ALONG INCREASE IN RENT AND ANY SUCH INCREASE TO SUCH
    8  TENANT SHALL BE NULL AND VOID.
    9    S 2.   This act shall take effect  on  the  first  of  September  next
   10  succeeding  the  date on which it shall have become a law; provided that
   11  the addition of section 26-407.1 to the city rent and rehabilitation law
   12  made by section one of this act shall remain in full  force  and  effect
   13  only  as  long  as  the  public  emergency  requiring the regulation and
   14  control of residential rents and evictions  continues,  as  provided  in
   15  subdivision  3  of section 1 of the local emergency housing rent control
   16  act.



        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02308-01-3
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