New York A 8768: Relates to major capital improvements and individual apartment improvements in rent regulated units

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
A08768 Summary:

BILL NOA08768 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORLasher

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §8-a, Emerg Hous Rent Cont L

&nbsp

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.

Go to top A08768 Actions:

BILL NOA08768 

&nbsp

06/02/2025referred to housing

01/07/2026referred to housing

Go to topA08768 Committee&nbspVotes:

Go to topA08768 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08768 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8768

 2025-2026 Regular Sessions

 IN ASSEMBLY

 June 2, 2025
 ___________

 Introduced by M. of A. LASHER -- read once and referred to the Committee
 on Housing

 AN ACT to amend the emergency housing rent control law, in relation to
 major capital improvements and individual apartment improvements in
 rent regulated units

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraphs (d) and (e) of subdivision 1 of section 8-a of
 2 chapter 274 of the laws of 1946, constituting the emergency housing rent
 3 control law, as added by section 7 of part K of chapter 36 of the laws
 4 of 2019, are amended and a new subdivision 4 is added to read as
 5 follows:
 6 (d) prohibit temporary major capital improvement increases for build-
 7 ings with outstanding hazardous or immediately hazardous violations of
 8 the Uniform Fire Prevention and Building Code (Uniform Code), New York
 9 City Fire Code, or New York City Building and Housing Maintenance Codes,
 10 if applicable; and prohibit temporary major capital improvement
 11 increases for buildings where the owner, or any person acting on the
 12 owner's behalf, has, within the look-back period defined in subdivision
 13 four of this section, demonstrated a pattern of violations meeting the
 14 threshold set forth in subdivision four of this section, unless the
 15 applicant shows by clear and convincing evidence that the proposed
 16 improvement will directly and substantially remedy those violations;
 17 (e) prohibit individual apartment improvement increases for housing
 18 accommodations with outstanding hazardous or immediately hazardous
 19 violations of the Uniform Fire Prevention and Building Code (Uniform
 20 Code), New York City Fire Code, or New York City Building and Housing
 21 Maintenance Codes, if applicable; and prohibit individual apartment
 22 improvement increases for housing accommodations where the owner, or any
 23 person acting on the owner's behalf, has, within the look-back period
 24 defined in subdivision four of this section, demonstrated a pattern of

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11970-01-5

 A. 8768 2

 1 violations meeting the threshold set forth in subdivision four of this
 2 section, unless the applicant shows by clear and convincing evidence
 3 that the proposed improvement will directly and substantially remedy
 4 those violations;
 5 4. For the purposes of this section:
 6 (a) a "look-back period" shall mean the twenty-four-month period imme-
 7 diately preceding the filing of an application for a major capital
 8 improvement or individual apartment improvement increase. The commission
 9 may, by regulation, extend the look-back period to no more than thirty-
 10 six months if it determines that a longer window is necessary to capture
 11 a sufficient history of violations;
 12 (b) a "pattern of violations" shall be deemed to exist when, during
 13 the look-back period, a municipal department having jurisdiction has
 14 issued (i) three or more violations in any two of the categories listed
 15 in paragraph (c) of this subdivision; or (ii) five or more violations in
 16 any one such category, regardless of whether such violations remain open
 17 on the date of filing; and
 18 (c) qualifying violation categories are limited to the following: (i)
 19 heat or hot-water violations classified as hazardous or immediately
 20 hazardous; (ii) elevator or vert