NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A759
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.
STATE OF NEW YORK
________________________________________________________________________
759
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.
LBD00700-01-3
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.
