BILL NO A00343
SAME AS SAME AS S03151
SPONSOR Rosenthal (MS)
COSPNSR Colton, Jaffee, Boyland, Mosley
MLTSPNSR Farrell, Glick, Gottfried
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.
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.
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
