senate Bill S1734

Requires landlords to provide notice of rental history upon the signing of a vacancy lease

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 09 / Jan / 2013
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 08 / Jan / 2014
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Summary

Requires landlords to provide notice of rental history upon the signing of a vacancy lease for the four years prior to the vacancy.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A697
Versions:
S1734
Legislative Cycle:
2013-2014
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
New York City Administrative Code
Laws Affected:
Add §26-517.2, NYC Ad Cd
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3259, A1460
2009-2010: A10714, A10814

Sponsor Memo

BILL NUMBER:S1734

TITLE OF BILL:
An act
to amend the administrative code of the city of New York, in relation to
requiring landlords to provide notice of rental history upon the signing
of a vacancy lease

PURPOSE OR GENERAL IDEA OF BILL:
This bill will require landlords to furnish new tenants with a rental
history itemizing the legal rent-regulated price dating back four
years.

SUMMARY OF SPECIFIC PROVISIONS:
This bill will amend the administrative code of the city of New York
to add section 26-517.2. Section 26-517.2a will require an owner to
furnish for each tenant signing a vacancy lease, a notice in a form
Promulgated or approved by the state division of housing and
community renewal that sets forth the prior legal regulated rent, if
any, which was in effect for the four years immediately prior to the
vacancy, an explanation of how the rental amount provided for in the
vacancy lease has been computed above the amount shown in the most
recent annual registration statement, and a statement that any
increase above the amount set forth in such registration statement is
in accordance with the adjustments permitted by the rent guidelines
board and this code.

Section 26-517.2b states that upon complaint by the tenant that that
he or she was not furnished with a copy of the notice required
pursuant to subdivision of this section, the division of housing and
community renewal shall order the owner to furnish the notice. If the
owner fails to comply within twenty days of such order, the owner
shall not be entitled to collect any guidelines lease adjustment
authorized for any current lease from the commencement date of such
lease. The furnishing of the notice by the owner to the tenant or
hotel occupant shall result in the elimination, prospectively, of
such penalty.

JUSTIFICATION:
Rent-regulated dwellings have a unique price that is easily computed
through specific formulas. This information should be made available
to incoming tenants in rent-regulated dwellings in order to ensure
they are not mislead into paying more than the legal maximum.

Owners that cannot Provide this information should not be allowed to
collect additional rent based on major capitol improvements, previous
tenant occupancy or other events that cannot be verified. The nominal
financial penalty incurred as a result of an owner's failure to
supply necessary documentation will incentivize owners to furnish
tenants with accurate and complete rental histories.

PRIOR LEGISLATIVE HISTORY: A.10814 of 2010

FISCAL IMPLICATIONS: None.


EFFECTIVE DATE: This act shall take effect
immediately, provided that
the amendment to chapter 4 of title 26 of the administrative code of
the city of New York made by section one of this act shall expire on
the same date as such
law expires and shall not affect the expiration of such law as provided
under 26-520 of such law.

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

                                  1734

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  ESPAILLAT,  KRUEGER,  PERKINS  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Housing, Construction and Community Development

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to requiring landlords to provide notice  of  rental  history
  upon the signing of a vacancy lease

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

  Section 1. The administrative code of the city of New York is  amended
by adding a new section 26-517.2 to read as follows:
  S  26-517.2  NOTICE  OF  RENTAL HISTORY. A. FOR HOUSING ACCOMMODATIONS
SUBJECT TO THIS CODE, AN OWNER SHALL FURNISH TO EACH  TENANT  SIGNING  A
VACANCY  LEASE,  A NOTICE IN A FORM PROMULGATED OR APPROVED BY THE STATE
DIVISION OF HOUSING AND COMMUNITY  RENEWAL  THAT  SETS  FORTH  THE  RENT
AMOUNT  ACTUALLY PAID BY TENANTS FOR THE FOUR YEARS IMMEDIATELY PRIOR TO
THE VACANCY, IF ANY, AN EXPLANATION OF HOW THE  RENTAL  AMOUNT  PROVIDED
FOR IN THE VACANCY LEASE HAS BEEN COMPUTED ABOVE THE AMOUNT SHOWN IN THE
MOST  RECENT  ANNUAL  REGISTRATION  STATEMENT,  AND A STATEMENT THAT ANY
INCREASE ABOVE THE AMOUNT SET FORTH IN SUCH REGISTRATION STATEMENT IS IN
ACCORDANCE WITH THE ADJUSTMENTS PERMITTED BY THE RENT  GUIDELINES  BOARD
AND THIS CODE.
  B.  UPON COMPLAINT BY THE TENANT THAT HE OR SHE WAS NOT FURNISHED WITH
A COPY OF THE NOTICE REQUIRED PURSUANT TO SUBDIVISION A OF THIS SECTION,
THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL ORDER THE  OWNER  TO
FURNISH  THE  NOTICE. IF THE OWNER FAILS TO COMPLY WITHIN TWENTY DAYS OF
SUCH ORDER, THE OWNER SHALL NOT BE ENTITLED TO  COLLECT  ANY  GUIDELINES
LEASE  ADJUSTMENT AUTHORIZED FOR ANY CURRENT LEASE FROM THE COMMENCEMENT
DATE OF SUCH LEASE. THE FURNISHING OF THE NOTICE BY  THE  OWNER  TO  THE
TENANT OR HOTEL OCCUPANT SHALL RESULT IN THE ELIMINATION, PROSPECTIVELY,
OF SUCH PENALTY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02021-01-3

S. 1734                             2

  S  2. This act shall take effect immediately; provided that the amend-
ment to chapter 4 of title 26 of the administrative code of the city  of
New  York  made by section one of this act shall expire on the same date
as such law expires and shall not affect the expiration of such  law  as
provided under section 26-520 of such law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.