BILL NUMBER: S1020A
SPONSOR: JACKSON
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 requiring ninety days
notice be provided to tenants prior to the beginning of work on a major
capital improvement
PURPOSE:
Requires ninety days notice be provided to tenants prior to the begin-
ning of work on a major capital improvement.
SUMMARY OF 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 to be
eligible for a temporary rent increase based upon a major capital
improvement, ninety days notice shall be required to be provided to
tenants prior to the beginning of work on such major capital improve-
ment.
Section 2 amends Paragraph 6 of subdivision c of section 26-511 of the
administrative code of the city of New York to do the same.
Section 3 amends Paragraph 3 of subdivision d of section 6 of section 4
of chapter 17 576 of the laws of 1974, constituting the emergency tenant
protection 18 act of nineteen seventy-four, to require the same.
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, to do the
same.
Section 5 This act shall take effect on the ninetieth day after it shall
have become a law; provided that: (a) 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 as long as the public emer-
gency 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 (b) the amendments to
section 26-511 of chapter 4 of title 26 of the administrative code of
the city of New York 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 as provided under section 26-520 of such law.
JUSTIFICATION:
Major Capital Improvements (MCIs) are building-wide improvements to
residential buildings, including systems such as boilers, windows, elec-
trical rewiring, plumbing, and roofs, in which landlords are permitted
to raise rents by 2% a year in buildings subject to rent stabilization
upon approval by the Department of Homes and Community Renewal. Current-
ly, building owners are required to notify tenants of an application for
an MCI rent increase, but they are not required to notify tenants prior
to the beginning of work on an MCI.
Mandating ninety days notice prior to commencing major capital improve-
ments is crucial for tenants' rights, accountability, and transparency.
Tenants pay for MCIs through higher rents, therefore they deserve the
right to be informed before the work begins. Advance notice of MCIs will
help tenants prepare for disruptions, voice potential concerns, and
ensure that the work is necessary and reasonable.
LEGISLATIVE HISTORY:
2024 - S. 9325 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVEL-
OPMENT
STATE AND LOCAL FISCAL IMPLICATIONS:
N/A
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law; provided that: (a) 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 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 emer-
gency housing rent control act; and (b) the amendments to section 26-511
of chapter 4 of title 26 of the administrative code of the city of New
York 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 as
provided under section 26-520 of such law.