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A00759 Summary:

SPONSORRosenthal L (MS)
COSPNSRDinowitz, Cook, Epstein, Taylor, Bores
Add §235-j, RP L
Requires non-preferential opportunity for use of amenities in certain buildings and apartments.
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A00759 Actions:

01/11/2023referred to housing
05/16/2023reported referred to codes
05/23/2023reported referred to rules
01/03/2024referred to codes
03/07/2024advanced to third reading cal.341
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A00759 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Rosenthal L (MS)
  TITLE OF BILL: An act to amend the real property law, in relation to non-preferential opportunity for use of amenities in certain buildings and apartments   PURPOSE: This bill prohibits landlords from discriminating against rent-regulated tenants by banning them from utilizing new amenities and common areas, such as fitness rooms, rooftop decks, pools, and playrooms in their building of residence.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the real property law by adding a new section 235-j. Section two sets forth the effective date.   JUSTIFICATION: Owners of buildings located on the Upper West Side and other areas of the city have been offering access to new amenities in their buildings to market rate tenants only. The rent-stabilized tenants in such build- ings had been explicitly prohibited from utilizing new amenities and access to common areas such as fitness rooms, rooftop decks, pools, and playrooms regardless of whether there is an option to charge an extra fee. This kind of discrimination sends the message that rent-regulated tenants are second-class citizens and are somehow not as deserving as market rate tenants. This practice is unfair and damaging to the tenants and their families and the social fabric of this city. This bill would require landlords to provide equal access to amenities and common areas to all tenants, with an option to charge them a reason- able fee in addition to the rent. This will ensure that landlords will no longer be able to relegate rent-regulated tenants to second-Class status in their own homes.   LEGISLATIVE HISTORY: 2021-22: A.441 - Referred to Housing 2019-20: A.690 - Reported to Codes 2017-18: A.558-A - Third Reading Calendar 2015-16: A.1278 - Reported to Ways and Means 2013-14: A.9061-B - Reported to Ways and Means   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This bill shall take effect on the thirtieth day after it shall have become law.
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A00759 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    January 11, 2023
        Introduced  by  M. of A. L. ROSENTHAL, DINOWITZ, COOK, EPSTEIN -- Multi-
          Sponsored by -- M. of A. GLICK  --  read  once  and  referred  to  the
          Committee on Housing
        AN  ACT  to amend the real property law, in relation to non-preferential
          opportunity for use of amenities in certain buildings and apartments

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  real property law is amended by adding a new section
     2  235-j to read as follows:
     3    § 235-j. Use of amenities.  1. Any rental tenant must be provided with
     4  the opportunity to use amenities commonly accessible to other tenants of
     5  the multiple dwelling and not unique to an individual  unit,  including,
     6  but not limited to: pools, fitness centers, storage spaces, parking, and
     7  roofs  or  gardens  accessible  to  building  tenants,  in  buildings or
     8  complexes where  such  amenities  exist,  provided,  however,  that  the
     9  provisions  of  this section shall apply only to multiple dwellings with
    10  six or more units.
    11    2. An owner may charge a fee to rental tenants for  use  of  amenities
    12  provided  that  such  fee  is  reasonable and not structured in a manner
    13  meant to be prohibitive to such tenants which might  normally  not  have
    14  access  to  such amenities as part of their rental agreements, provided,
    15  however, that such fee shall not become part of  the  rent.  Nothing  in
    16  this section shall prohibit any owner from promulgating uniformly appli-
    17  cable  rules  on the use of amenities through systems, including but not
    18  limited to: sign-up  sheets,  waiting  lists,  or  lotteries,  provided,
    19  however  that  no  tenant  shall be required to use or pay a fee for any
    20  amenity as a condition of the rental of their residential unit.
    21    3. In cases where the use of amenities by  all  occupants  is  denied,
    22  such  denial  shall  not  provide  the  basis for a rent reduction order
    23  pursuant to section 26-405 or 26-509 of the administrative code  of  the
    24  city  of New York, unless use of the amenities was historically provided
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 759                              2
     1  or is a required service. An owner may change or completely  remove  any
     2  amenity  pursuant  to  subdivision  one  of  this  section without being
     3  subject to a claim of diminution of services.
     4    4.  An  owner  of  a building or complex that is found in violation of
     5  subdivision one of this section is punishable by a fine  not  to  exceed
     6  two  thousand  dollars.  Prior  to  the application of any penalties set
     7  forth in this section, an owner found to be in violation of this section
     8  shall be given thirty days from the date of receiving  such  finding  to
     9  cure the violating condition or conditions.
    10    5.  The commissioner of housing preservation and development in cities
    11  having a population of one million or more or the commissioner of  homes
    12  and  community renewal are hereby directed to promulgate rules and regu-
    13  lations to effectuate the provisions of this section, including but  not
    14  limited to:
    15    (a) Enforcement mechanism of provisions in this section;
    16    (b)  Creating  a  system  of  receiving  and  investigating complaints
    17  regarding violations of this section, including a system on how an owner
    18  can cure such violations; and
    19    (c) System of notification for an owner to be aware of  a  finding  of
    20  violations and what will be the enforcement mechanisms.
    21    6.  Any penalty assessed for the violation of any of the provisions of
    22  this section shall be payable to the commissioner of  housing  preserva-
    23  tion  and development if the violation occurred in a city having a popu-
    24  lation of one million or more, or the commissioner of homes and communi-
    25  ty renewal if it did not.
    26    § 2. This act shall take effect on the thirtieth day  after  it  shall
    27  have become a law.
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