BILL NUMBER: S6852A
SPONSOR: PARKER
 
TITLE OF BILL:
An act to amend the administrative code of the city of New York, the
emergency tenant protection act of nineteen seventy-four and the emer-
gency housing rent control law, in relation to inspection of major capi-
tal improvements for which rent increases are requested and in relation
to extending the provisions of the rent stabilization law
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to grant tenants in rent-
stabilized/controlled apartments the ability to hire a private engineer
or architect in order to conduct an independent inspection of a Major
Capital Improvement (MCI) completed by the landlord.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends subparagraph (g) of paragraph 1 of subdivision g of
section 26-405 of the administrative code of the city of New York.
Section 2 amends paragraph 6 of subdivision c of section 26-511 of the
administrative code of the city of New York.
Section 3 amends paragraph 3 of subdivision d of section 6 of section 4
of chapter 576 of the laws of 1974, constituting the emergency tenant
protection act of nineteen seventy-four.
Section 4 amends subparagraph 7 of the second undesignated paragraph of
paragraph (a) of subdivision 4 of section 4 of chapter 274 of the laws
of 1946, constituting the emergency housing rent control law.
Section 5 provides the effective date.
 
JUSTIFICATION:
In order to receive a major capital improvement rent increase, a land-
lord must file a report with the Division of Housing and Community
Renewal (DHCR) which sends a copy of that report to the tenants of the
building. The DHCR then gives the tenants an opportunity to verify the
information in the report, and, if the tenants disagree with the land-
lord's claims, to object to the proposed rent increase. In order for
tenants to verify what is stated in the landlord's report, they must be
able to hire experts to inspect the improvements described in the
report. Presently, landlords can deny access to engineers or architects
hired by the tenants. This legislation requires landlords to allow
access to engineers or architects hired by the tenants to inspect build-
ing improvements, and enables tenants to use reports prepared by their
experts to object to the proposed rent increase.
 
PRIOR LEGISLATIVE HISTORY:
2021-22: S.5387 - Referred to Housing, Construction and Community Devel-
opment
2019-20: S.4818 - Referred to Housing, Construction and Community Devel-
opment
2017-18: S.3643 - Referred to Housing, Construction and Community Devel-
opment
2015-16: S.1721A - Amend and Recommit to Housing, Construction and
Community Development
2013-14: S.86 (Parker) - Referred to Housing, Construction and Community
Development
2011-12:S.12828- Amend and Recommit to Housing, Construction and Commu-
nity Development
2009-10:S.1443- Referred to Housing, Construction and Community Develop-
ment
2007-08:S.1809- Referred to Housing, Construction and Community Develop-
ment
2005-06:S.4156- Referred to Housing, Construction and Community Develop-
ment
2003-04:S.627 -Referred to Housing, Construction and Community Develop-
ment
2001-02:S.2043- Referred to Housing, Construction and Community Develop-
ment
1999-00:S.3671(Duane) - Referred to Housing, Construction and Community
Development
1997-98: S1226 - Referred to Housing, Construction and Community Devel-
opment
1995-96: S172 (Gold) - Referred to Housing, Construction and Community
Development
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law; provided, however, that the amendments to
section 26-405 of the city rent and rehabilitation law made by section
one of this act shall remain in full force and effect only so 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; and provided further
that the amendments to section 26-511 of the rent stabilization law of
nineteen hundred sixty-nine made by section two of this act shall expire
on the same date as such law expires and shall not affect the expiration
of such law. Effective immediately, the addition, amendment and/or
repeal of any rule and regulation necessary for the implementation of
this act on its effective date are authorized to be made on or before
such date.