Add 26-416.1, amd 26-512, NYC Ad Cd; amd 6, Emerg Ten Prot Act of 1974; amd 4, Emerg Hous Rent Cont L
Prohibits the imposition of any surcharge for the installation or use of a tenant-installed appliance where the tenant pays for electric utility service, under rent control, and rent stabilization laws.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A86B
SPONSOR: Dinowitz (MS) 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 surcharges for the
installation or use of certain appliances in housing accommodations
subject to rent control or rent stabilization
PURPOSE OF BILL:
This bill would prohibit the imposition of any surcharge for the instal-
lation or use of a tenant-installed appliance in housing accommodations
subject to rent control or rent stabilization.
SUMMARY OF PROVISIONS:
Section one of the bill adds § 26-416.1 to the administrative code of
the city of New York to prohibit the imposition of any surcharge for the
installation or use of a tenant-installed appliance where the tenant
pays for electric utility service in rent controlled housing accommo-
dations.
Section two of the bill adds subdivision h to § 26-512 of the adminis-
trative code of the city of New York to prohibit the imposition of any
surcharge for the installation or use of a tenant-installed appliance
where the tenant pays for electric utility service in rent stabilized
housing accommodations.
Section three of the bill adds subdivision h to § 6 of section 4 of
chapter 576 of the laws of 1974, constituting the emergency tenant
protection act of 1974, to prohibit the imposition of any surcharge for
the installation or use of a tenant-installed appliance where the tenant
pays for electric utility service in rent stabilized housing accommo-
dations.
Section four of the bill adds paragraph (h) to subdivision 4 of § 4 of
chapter 274 of the laws of 1946, constituting the emergency housing rent
control law, to prohibit the imposition of any surcharge for the instal-
lation or use of a tenant-installed appliance where the tenant pays for
electric utility service in rent controlled housing accommodations.
Section five of the bill provides the effective date.
JUSTIFICATION:
On March 24, 2005, the NYS Division of Housing and Community Renewal
(DHCR) issued Operational Bulletin 2005-1, which states that, in both
rent controlled and rent stabilized apartments, when a tenant requests
permission to install a washer, dryer, or dishwasher, the owner can
collect a surcharge for each appliance. Over the past 20 years, DHCR has
issued four supplements to Operational Bulletin 2005-1, with the most
recent being Supplement No. 4 released in January 2025, increasing the
surcharges that owners can collect from tenants.
DHCR purportedly issued this rule to help owners account for the
increased wear on plumbing and increased utility costs from newly
installed appliances, but these costs are already considered when calcu-
lating rent. As such, these surcharges are likely to increase disputes
between landlords and tenants at a time when there is a severe housing
affordability crisis in New York State.
This bill would prohibit surcharges for the installation or use of a
tenant-installed appliance where the renter pays for electric utility
service in rent controlled and rent stabilized buildings. This proposal
would protect renters from paying extra for costs that landlords already
account for in the rent.
LEGISLATIVE HISTORY:
2023-24: A.689 - Housing / S.4967 - Passed Senate
2021-22: A.1436-A - Housing / S.2013-A - Passed Senate
2019-20: A.3170 - Housing / S.3319 - Passed Senate
2017-18: A.1093 - Third Reading Calendar / S.799 - Housing, Construction
and Community Development
2015-16: A.1795 - Third Reading Calendar / S.3583 - Housing,
Construction and Community Development
2013-14: A.555-A - Rules / S.1733-A - Housing, Construction and Communi-
ty Development
2011-12: A.1338 - Housing / S.3268 - Housing Construction and Community
Development
2009-10: A.1127 - Third Reading Calendar
2007-08: A.3843 - Housing
2005-06: A.8264 - Housing
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately; provided that section 26-416.1
of the city rent and rehabilitation law as added 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; and provided, further, that
section 26-512 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 section
expires and shall not affect the expiration of such law as provided
under section 26-520 of such law.
STATE OF NEW YORK
________________________________________________________________________
86--B
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. DINOWITZ, ROSENTHAL, COOK, BENEDETTO, DAVILA,
BICHOTTE HERMELYN, WALKER -- Multi-Sponsored by -- M. of A. GLICK --
read once and referred to the Committee on Housing -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
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 surcharges for the
installation or use of certain appliances in housing accommodations
subject to rent control or rent stabilization
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 26-416.1 to read as follows:
3 § 26-416.1 Surcharges for tenant-installed appliances. The imposition
4 of any surcharge for the installation or use of a tenant-installed
5 appliance is prohibited where the tenant pays for electric utility
6 service.
7 § 2. Section 26-512 of the administrative code of the city of New York
8 is amended by adding a new subdivision h to read as follows:
9 h. The imposition of any surcharge for the installation or use of a
10 tenant-installed appliance is prohibited where the tenant pays for elec-
11 tric utility service.
12 § 3. Section 6 of section 4 of chapter 576 of the laws of 1974,
13 constituting the emergency tenant protection act of nineteen seventy-
14 four, is amended by adding a new subdivision h to read as follows:
15 h. The imposition of any surcharge for the installation or use of a
16 tenant-installed appliance is prohibited where the tenant pays for elec-
17 tric utility service.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00898-04-5
A. 86--B 2
1 § 4. Subdivision 4 of section 4 of chapter 274 of the laws of 1946,
2 constituting the emergency housing rent control law, is amended by
3 adding a new paragraph (h) to read as follows:
4 (h) The imposition of any surcharge for the installation or use of a
5 tenant-installed appliance is prohibited where the tenant pays for elec-
6 tric utility service.
7 § 5. This act shall take effect immediately; provided that section
8 26-416.1 of the city rent and rehabilitation law as added by section one
9 of this act shall remain in full force and effect only as long as the
10 public emergency requiring the regulation and control of residential
11 rents and evictions continues, as provided in subdivision 3 of section 1
12 of the local emergency housing rent control act; and provided, further,
13 that section 26-512 of the administrative code of the city of New York
14 made by section two of this act shall expire on the same date as such
15 section expires and shall not affect the expiration of such law as
16 provided under section 26-520 of such law.
