Assembly Bill A9908A

2013-2014 Legislative Session

Tolls the four year statute of limitations look back period on rent overcharges where the owner of a housing accommodation acts in a wrongful or fraudulent manner

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar


  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

2013-A9908 - Details

See Senate Version of this Bill:
S7858
Law Section:
New York City Administrative Code
Laws Affected:
Amd §26-516, NYC Ad Cd; amd §12, Emerg Ten Prot Act of 1974; amd §213-a, CPLR
Versions Introduced in Other Legislative Sessions:
2015-2016: A7310
2017-2018: A1141, A9816
2019-2020: A6973

2013-A9908 - Summary

Tolls the four year statute of limitations look back period on rent overcharges where the owner of a housing accommodation acts in a wrongful or fraudulent manner.

2013-A9908 - Bill Text download pdf

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

                                  9908

                          I N  A S S E M B L Y

                              May 27, 2014
                               ___________

Introduced  by M. of A. FARRELL -- read once and referred to the Commit-
  tee on Housing

AN ACT to amend the administrative code of the city  of  New  York,  the
  emergency  tenant  protection  act  of  nineteen seventy-four, and the
  civil practice law and rules, in relation to rent overcharges

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

  Section  1.  Clause  (i)  of the opening paragraph of subdivision a of
section 26-516 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:
  (i) Except as to complaints filed pursuant  to  clause  (ii)  of  this
paragraph, the legal regulated rent for purposes of determining an over-
charge, shall be the rent indicated in the annual registration statement
filed  four  years prior to the most recent registration statement, (or,
if more recently filed, the initial registration statement) plus in each
case any subsequent lawful increases and adjustments. Where  the  amount
of  rent  set forth in the annual rent registration statement filed four
years prior to the most recent registration statement is not  challenged
within  four  years  of its filing, neither such rent nor service of any
registration shall be subject to challenge at any time thereafter.  SUCH
FOUR YEAR LOOK BACK PERIOD TO  CHALLENGE  A  RENT  OVERCHARGE  SHALL  BE
DEEMED  TOLLED  WHERE  THE TENANT CAN SHOW THAT THE TENANT WAS PREVENTED
FROM ASSERTING HIS OR HER CLAIM BY SOME KIND OF WRONGFUL CONDUCT ON  THE
PART  OF  THE  OWNER.  FOR  PURPOSES  OF  THIS SUBDIVISION SUCH WRONGFUL
CONDUCT SHALL INCLUDE, BUT  NOT  BE  LIMITED  TO,  MISREPRESENTATION  OR
FRAUD.
  S  2. The opening paragraph of paragraph 1 of subdivision a of section
12 of section 4 of chapter 576 of the  laws  of  1974  constituting  the
emergency  tenant protection act of nineteen seventy-four, as amended by
chapter 116 of the laws of 1997, is amended to read as follows:
  Subject to the conditions and limitations of this paragraph, any owner
of housing accommodations in a city having a population of less than one
million or a town or village as to which an emergency has been  declared

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

2013-A9908A (ACTIVE) - Details

See Senate Version of this Bill:
S7858
Law Section:
New York City Administrative Code
Laws Affected:
Amd §26-516, NYC Ad Cd; amd §12, Emerg Ten Prot Act of 1974; amd §213-a, CPLR
Versions Introduced in Other Legislative Sessions:
2015-2016: A7310
2017-2018: A1141, A9816
2019-2020: A6973

2013-A9908A (ACTIVE) - Summary

Tolls the four year statute of limitations look back period on rent overcharges where the owner of a housing accommodation acts in a wrongful or fraudulent manner.

2013-A9908A (ACTIVE) - Bill Text download pdf

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

                                 9908--A

                          I N  A S S E M B L Y

                              May 27, 2014
                               ___________

Introduced  by M. of A. FARRELL -- read once and referred to the Commit-
  tee  on  Housing  --  committee  discharged,  bill  amended,   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
  civil practice law and rules, in relation to rent overcharges

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

  Section 1. Clause (i) of the opening paragraph  of  subdivision  a  of
section  26-516  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:
  (i)  Except  as  to  complaints  filed pursuant to clause (ii) of this
paragraph, the legal regulated rent for purposes of determining an over-
charge, shall be the rent indicated in the annual registration statement
filed four years prior to the most recent registration  statement,  (or,
if more recently filed, the initial registration statement) plus in each
case  any  subsequent lawful increases and adjustments. Where the amount
of rent set forth in the annual rent registration statement  filed  four
years  prior to the most recent registration statement is not challenged
within four years of its filing, neither such rent nor  service  of  any
registration shall be subject to challenge at any time thereafter.  SUCH
FOUR  YEAR  LOOK  BACK  PERIOD  TO  CHALLENGE A RENT OVERCHARGE SHALL BE
DEEMED TOLLED WHERE THE TENANT CAN SHOW THAT THE  TENANT  WAS  PREVENTED
FROM  ASSERTING HIS OR HER CLAIM BY SOME KIND OF WRONGFUL CONDUCT ON THE
PART OF THE OWNER.  FOR  PURPOSES  OF  THIS  SUBDIVISION  SUCH  WRONGFUL
CONDUCT  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED TO, MISREPRESENTATION OR
FRAUD.  WHERE A TENANT IN A RENT OVERCHARGE ACTION ALLEGES  MISREPRESEN-
TATION OR FRAUD ON THE PART OF THE OWNER, THE OWNER SHALL BE REQUIRED TO
PROVIDE  THE TENANT WITH THE RECEIPTS AND DISBURSEMENTS FOR ANY REPAIRS,
UPGRADES OR RENOVATIONS MADE TO SUCH PREMISES  DURING  THE  PERIOD  FOUR
YEARS  PRIOR  TO  THE  COMMENCEMENT OF THE OVERCHARGE ACTION.  THE OWNER
SHALL ALSO BE REQUIRED TO PROVIDE ANY NEW PROSPECTIVE  TENANT  WITH  THE
RECEIPTS  AND  DISBURSEMENTS  FOR  ANY REPAIRS, UPGRADES OR IMPROVEMENTS

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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.