BILL NUMBER: S361
SPONSOR: GIANARIS
 
TITLE OF BILL:
An act to amend the public housing law, in relation to enacting the
"NYCHA utility accountability act"
 
PURPOSE:
To provide New York City Housing Authority ("NYCHA") tenants a prorated
rental reduction for utility outages.
 
SUMMARY OF PROVISIONS:
Section one of the bill creates the short title.
Section two of the bill amends the public housing law by adding a new
subdivision 5 to § 402-e to require that NYCHA, at a minimum, reduce the
amount of rent to be paid by tenants in the instance of a heat, water,
gas, or electric service outage by either $75 prorated on a daily basis
or the tenant's prorated daily cost of rent, whichever is more, for
every day of utility outage.
Section three of the bill sets the effective date.
 
JUSTIFICATION:
NYCHA has a long and troubling history of failing to promptly resolve
utility outages for which they must face repercussions. Throughout
several cold months from 2017-2018, many NYCHA residents were without
heat service. As a result, in 2020, Diamond v. New York City Housing
Authority (NYCHA) held that a class action lawsuit against NYCHA for
rent abatements for the tenants that experienced loss of heating in
their residences could proceed. Beginning September 23, 2020, residents
of 1-04 Astoria Boulevard went without gas service until December 10,
2020. One month later, NYCHA still refused to comment as to when the
service might be restored. Moreover, Woodside Houses residents experi-
enced heat and hot water outages for years which was exacerbated as a
result of Hurricane Ida in 2022. It is clear from the repeated depri-
vation of essential utility services that NYCHA cannot be held account-
able to correct such outages in a timely manner. While without service,
tenants deserve to have their rent, which includes payment for utili-
ties, reduced in a manner that reflects that loss.
 
LEGISLATIVE HISTORY:
2024: S546 (Gianaris) PASSED SENATE / A2573 (Anderson) died in housing
2023: S546 (Gianaris) PASSED SENATE / A2573 (Anderson) died in housing
2022: S1603 (Gianaris) PASSED SENATE / A1866 (Anderson) died in housing
2021: S1603 (Gianaris) PASSED SENATE / A1866 (Anderson) died in housing
2020: S9086 (Gianaris) died in Rules / A11152 (Anderson) died in housing
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S361: 402-e public housing law