S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1141
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 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. The opening paragraph of subdivision a of section 26-516 of
 the  administrative  code of the city of New York is amended by adding a
 new clause (iii) to read as follows:
   (III) NOTWITHSTANDING THE PROVISIONS OF CLAUSE (I) OF THIS  PARAGRAPH,
 FOR  ANY YEAR IN WHICH AN OWNER OR A LANDLORD WHO IS REQUIRED TO FILE AN
 ANNUAL RENT REGISTRATION STATEMENT, HAS FAILED TO TIMELY FILE SUCH ANNU-
 AL RENT REGISTRATION STATEMENT, THE DIVISION OR  A  COURT  OF  COMPETENT
 JURISDICTION  SHALL  CONSIDER  SUCH  YEAR  OR YEARS WHEN DETERMINING THE
 CURRENT LEGAL REGULATED RENT.
   § 2. Section 26-512 of the administrative code of the city of New York
 is amended by adding a new subdivision (g) to read as follows:
   (G) UPON THE OFFERING OF A LEASE TO A PROSPECTIVE TENANT, AN OWNER  OR
 A  LANDLORD SHALL BE REQUIRED TO PROVIDE SUCH TENANT WITH THE DOCUMENTA-
 TION USED BY SUCH OWNER OR LANDLORD TO SUPPORT ANY  ALLOWABLE  INCREASES
 IN THE LEGAL REGULATED RENT DURING THE PREVIOUS FOUR YEARS.
   §  3. Paragraph 1 of subdivision a of section 12 of section 4 of chap-
 ter 576 of the laws of 1974 constituting the emergency tenant protection
 act of nineteen seventy-four is amended by adding a new clause (iii)  to
 read as follows:
   (III)  NOTWITHSTANDING THE PROVISIONS OF CLAUSE (I) OF THIS PARAGRAPH,
 FOR ANY YEAR IN WHICH AN OWNER OR A LANDLORD WHO IS REQUIRED TO FILE  AN
 ANNUAL RENT REGISTRATION STATEMENT, HAS FAILED TO TIMELY FILE SUCH ANNU-
 AL  RENT  REGISTRATION  STATEMENT,  THE DIVISION OR A COURT OF COMPETENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06546-01-7
              

 A. 1141                             2
 
 JURISDICTION SHALL CONSIDER SUCH YEAR  OR  YEARS  WHEN  DETERMINING  THE
 CURRENT LEGAL REGULATED RENT.
   § 4. Section 6 of section 4 of chapter 576 of the laws of 1974 consti-
 tuting  the  emergency tenant protection act of nineteen seventy-four is
 amended by adding a new subdivision h to read as follows:
   H. UPON THE OFFERING OF A LEASE TO A PROSPECTIVE TENANT, AN OWNER OR A
 LANDLORD SHALL BE REQUIRED TO PROVIDE SUCH TENANT WITH THE DOCUMENTATION
 USED BY SUCH OWNER OR LANDLORD TO SUPPORT ANY ALLOWABLE INCREASES IN THE
 LEGAL REGULATED RENT DURING THE PREVIOUS FOUR YEARS.
   § 5. Section 213-a of the civil practice law and rules, as amended  by
 chapter 116 of the laws of 1997, is amended to read as follows:
   §  213-a.  Actions to be commenced within four years; residential rent
 overcharge.  An  action  on  a  residential  rent  overcharge  shall  be
 commenced  within  four  years  of  the  first overcharge alleged and no
 determination of an overcharge and no award or calculation of  an  award
 of  the  amount of any overcharge may be based upon an overcharge having
 occurred more than four years  before  the  action  is  commenced.  This
 section  shall preclude examination of the rental history of the housing
 accommodation prior to the four-year period  immediately  preceding  the
 commencement  of  the action; PROVIDED HOWEVER, FOR ANY YEAR IN WHICH AN
 OWNER OR A LANDLORD WHO IS REQUIRED TO FILE AN ANNUAL RENT  REGISTRATION
 STATEMENT,  HAS  FAILED  TO  TIMELY  FILE  SUCH ANNUAL RENT REGISTRATION
 STATEMENT, A COURT OF COMPETENT JURISDICTION SHALL CONSIDER SUCH YEAR OR
 YEARS WHEN DETERMINING THE CURRENT LEGAL REGULATED RENT.
   § 6. This act shall take effect immediately, and shall  apply  to  any
 action  or proceeding pending in any court or any application, complaint
 or proceeding before an administrative agency on the effective  date  of
 this  act,  as  well  as  any action or proceeding commenced thereafter;
 provided, however, that:
   (a) the amendments to subdivision a of section 26-516 of the  adminis-
 trative  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 section as provided under section 26-520 of such
 code; and
   (b) the amendments to the emergency tenant protection act of  nineteen
 seventy-four made by sections three and four of this act shall expire on
 the same date as such act expires and shall not affect the expiration of
 such act as provided in section 17 of chapter 576 of the laws of 1974.