senate Bill S4884A

Requires the division of housing and community renewal to calculate the period of rent reduction due to diminution of services from the date of actual diminution of the services

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Sponsor

Bill Status


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

  • 30 / Apr / 2013
    • REFERRED TO CITIES
  • 03 / May / 2013
    • AMEND AND RECOMMIT TO CITIES
  • 03 / May / 2013
    • PRINT NUMBER 4884A
  • 08 / Jan / 2014
    • REFERRED TO CITIES

Summary

Requires the division of housing and community renewal to calculate the period of rent reduction due to diminution of services from the date of actual diminution of the services.

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Bill Details

Versions:
S4884
S4884A
Legislative Cycle:
2013-2014
Current Committee:
Senate Cities
Law Section:
New York City

Sponsor Memo

BILL NUMBER:S4884A

TITLE OF BILL: An act in relation to requiring the division of
housing and community renewal to calculate the period of rent
reduction due to diminution of services from the date of actual
diminution of the services

SUMMARY OF PROVISIONS:

Section One of the legislation states that notwithstanding any law,
rule, or regulation to the contrary, any rent reduction attributable
to diminution of services shall be calculated by the division of
housing and community renewal to be effective upon the date that the
diminution of service commenced, regardless of when that diminution of
services was reported to the division or the date upon which the
diminution of services was addressed by the division Such rent
reduction shall be applicable to the entire period in which it is
found the services were not maintained in full.

EXISTING LAW:

New law.

JUSTIFICATION:

This bill directs the Division of Housing and Community Renewal (DHCR)
that any rent reduction for diminution of services should be effective
for the entire period for which it is found that the services have not
been maintained.

Current DHCR policy with respect to rent reductions for regulated
tenants who have experienced a diminution of services in their
apartment or building is incompatible with the Rent Stabilization Code
(RSC), and runs the risk of denying tenants compensation to which they
are otherwise entitled.

The DHCR's "Fact Sheet 14: Rent Reductions for Decreased Services"
says that rent regulated tenants who experience a decrease in service
in an individual apartment or building-wide must first contact the
owner about the complaint in writing. If that does not resolve the
problem, the tenant may file a complaint with the DHCR. If the
evidence indicates that the owner failed to maintain required
services, the DHCR can issue a written order that directs the owner to
restore services and reduces the rent for the apartment.

It is DHCR's practice, and Fact Sheet 14 states, that "The effective
date for rent stabilized tenants is retroactive back to the first day
of the month following DHCR's service of the complaint on the owner.
For rent controlled tenants, the effective date is the first day of
the month after the order is issued." However, if tenants are denied
their contractually obligated services, their remedy should not be
limited to the period after DHCR has had time to serve notice on the
owner.

In fact, Section 2523.4(a)(1) of the RSC provides that "the DHCR shall
so reduce the rent for the period for which it is found that the owner


has failed to maintain required services," This bill would bring DHCR
practice into compliance with the RSC.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:

To be determined

LOCAL FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect immediately and shall apply to all pending
and future proceedings.

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

                                 4884--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 30, 2013
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Cities  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  in  relation to requiring the division of housing and community
  renewal to calculate the period of rent reduction due to diminution of
  services from the date of actual diminution of the services

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

  Section  1. Notwithstanding any law, rule or regulation to the contra-
ry, any rent reduction attributable to diminution of services  shall  be
calculated by the division of housing and community renewal to be effec-
tive  upon the date that the diminution of service commenced, regardless
of when the diminution of services was reported to the division or  that
date  upon  which  the diminution of services was addressed by the divi-
sion. Such rent reduction shall be applicable to the  entire  period  of
time the services were not maintained in full.
  S  2.  This  act  shall take effect immediately and shall apply to all
pending and future proceedings.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10648-02-3

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