Assembly Bill A10867

2009-2010 Legislative Session

Allows retroactively to apply the rent reduction based upon failure to maintain services for accommodations regulated by the rent stabilization law

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A10867 (ACTIVE) - Details

See Senate Version of this Bill:
S1541
Current Committee:
Assembly Housing
Law Section:
New York City Administrative Code
Laws Affected:
Amd §26-514, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2011-2012: A6410, S2727
2013-2014: A2187, S494
2015-2016: A5585, S4164
2017-2018: A3705, S5164
2019-2020: S2656

2009-A10867 (ACTIVE) - Summary

Provides that a rent reduction made pursuant to the rent stabilization law of 1969 and based upon a reduction in services provided by a landlord shall be retroactive to the date occurring 30 days after the date upon which the tenant applied to the division of housing and community renewal for such a reduction.

2009-A10867 (ACTIVE) - Sponsor Memo

2009-A10867 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10867

                          I N  A S S E M B L Y

                             April 27, 2010
                               ___________

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

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to  rent reduction based upon a failure to maintain services
  for purposes of the rent stabilization law of nineteen hundred  sixty-
  nine

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 26-514 of the administrative code of  the  city  of
New  York,  as amended by chapter 116 of the laws of 1997, is amended to
read as follows:
  S 26-514  Maintenance of services.  In order to collect a rent adjust-
ment authorized pursuant to the provisions of subdivision d  of  section
26-510  of  this  chapter  an owner must file with the state division of
housing and community renewal, on a form which  the  commissioner  shall
prescribe,  a  written  certification  that he or she is maintaining and
will continue to maintain all services furnished on the date upon  which
the  emergency  tenant protection act of nineteen seventy-four becomes a
law or required to be furnished by any state law or local law, ordinance
or regulation applicable to the premises. In addition to any other reme-
dy afforded by law, any tenant may apply to the state division of  hous-
ing  and  community renewal, for a reduction in the rent to the level in
effect prior to its most recent adjustment and for  an  order  requiring
services  to be maintained as provided in this section,  and the commis-
sioner shall so reduce the rent if it is found that the owner has failed
to maintain such services. SUCH REDUCTION SHALL BE  RETROACTIVE  TO  THE
DATE  OCCURRING THIRTY DAYS AFTER THE DATE UPON WHICH THE TENANT APPLIED
TO THE DIVISION FOR SUCH A REDUCTION. The owner  shall  also  be  barred
from applying for or collecting any further rent increases. The restora-
tion  of  such  services  shall result in the prospective elimination of
such sanctions. The owner shall be supplied with a copy of the  applica-
tion  and shall be permitted to file an answer thereto. A hearing may be
held upon the request of either party, or the commissioner  may  hold  a
hearing upon his or her own motion. The commissioner may consolidate the

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

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