Prohibits temporary major capital improvement increases for buildings where the owner has demonstrated a pattern of violations unless the applicant shows by clear and convincing evidence that the proposed improvement will directly and substantially remedy those violations.
Summary
A08768 amends New York’s emergency housing rent control law to restrict when landlords can pass certain renovation costs through to rent-regulated tenants. The bill bars temporary major capital improvement (MCI) rent increases and individual apartment improvement (IAI) rent increases for units or buildings with outstanding hazardous or immediately hazardous code violations. It also adds a broader restriction for owners who have shown a recent “pattern of violations,” unless they can prove by clear and convincing evidence that the proposed improvement will directly and substantially remedy those violations.
The bill defines a 24-month look-back period, with authority for the relevant commission to extend that window to 36 months by regulation if needed. A pattern of violations exists if, during that period, a municipal agency issued either three or more violations in two of several serious categories, or five or more violations in one category. The covered categories include heat and hot water, elevators, fire safety systems, pest infestation, mold and moisture, lead-based paint and other indoor environmental hazards, and structural or facade hazards. The measure takes effect immediately and would apply to rent-regulated housing subject to the emergency housing rent control law.
Impact
The bill would amend the emergency housing rent control law to create new eligibility limits on rent increase applications tied to capital improvements and apartment improvements. In practice, it would affect landlords, property owners, and rent-regulated tenants by conditioning MCI and IAI rent surcharges on building safety and compliance history, and by giving regulators a clearer basis to deny increases where serious violations are present or where an owner has a recent pattern of hazardous conditions. It also expands the role of the administering commission by allowing it to extend the look-back period by regulation.
Sentiment
Based on the bill text and the absence of recorded committee debate or votes, the measure appears to be framed as a tenant-protection and housing-safety bill. Its structure suggests support for stronger enforcement against landlords who seek rent increases while allowing hazardous conditions to persist. No contrary viewpoints are documented in the provided materials, but the bill’s clear tightening of rent-increase eligibility implies it may be viewed favorably by tenant advocates and more cautiously by property owners and housing industry stakeholders.
Contention
The main point of contention is likely the bill’s restriction on rent increases for owners with recent violation histories, especially the new “pattern of violations” standard and the requirement that an applicant prove by clear and convincing evidence that the proposed improvement will directly and substantially remedy the violations. Landlords and building owners may argue that the standard is too strict or could delay needed repairs and financing, while tenant advocates are likely to support it as a way to prevent owners from benefiting financially while serious safety and habitability problems remain unresolved. The bill also leaves some discretion to regulators to extend the look-back period, which could be another area of dispute.
Prohibits temporary major capital improvement increases for buildings where the owner has demonstrated a pattern of violations unless the applicant shows by clear and convincing evidence that the proposed improvement will directly and substantially remedy those violations.
Prohibits temporary major capital improvement increases for buildings where the owner has demonstrated a pattern of violations unless the applicant shows by clear and convincing evidence that the proposed improvement will directly and substantially remedy those violations.
Requires the division of housing and community renewal to publish the results of annual audits of approved applications for temporary major capital improvement increases on its website annually.
Prohibits any increase in the average monthly rental of a property by a limited-profit housing company unless the appropriate local housing agency certifies that there exists no recorded violations against such property or that all recorded violations have been cleared, corrected or abated, and that such company is maintaining all essential services required to be furnished.
Requires an annual inspection and audit process which shall review five percent of individual apartment improvement notifications for rent stabilized apartments outside of the city of New York; requires additional audits where violations are found.
Requires that any penalties for violations of housing standards or building and fire codes be assessed and imposed within fourteen days; increases certain fine amounts for violations of housing standards.
Requires an annual inspection and audit process which shall review five percent of individual apartment improvement notifications for rent stabilized apartments outside of the city of New York; requires additional audits where violations are found.
Prohibits the adjustment of maximum allowable rent where any modification, increase or improvement is made to accommodate the needs of a disabled tenant; defines disabled tenant.
Imposes a penalty of $20,000 per violation for violations of certain provisions relating to unlawfully disseminated images or depictions of individuals; clarifies that the owner or a wholly owned subsidiary of the owner of a website that hosts or transmits such images or depictions shall be liable for such violations; removes certain language restricting such violations to instances where such images or depictions were made for the purposes of harassing or annoying the individual; makes related provisions.