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.
BILL NUMBER:A10867
TITLE OF BILL: 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
SPECIFIC PROVISIONS: Section 2E-514 of the administrative code of the
city of New York as amended by chapter 116 of the laws of 1997 is
amended.
PURPOSE OR GENERAL IDEA OF BILL: To eliminate the discriminatory prac-
tice of granting an owner a major capital improvement increase retroac-
tive to 30 days after the filing data while, at the same time, limiting
tenants to a rent reduction only when the decrease in services order is
issued.
JUSTIFICATION: Presently, when an owner applies for a major capital
improvement increase, he or she is granted the increase retroactive to
thirty days after filing for it. Et is clearly inequitable that when a
tenant files for a rent reduction, based on a decrease in services, that
the tenant only gets the reduction from the data an order is issued by
the District Rent Administrator, and not retroactive to thirty days
after the tenant has filed his or her complaint.
Currently, the State Division of Housing and Community Renewal has a
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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