S T A T E O F N E W Y O R K
________________________________________________________________________
362
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. PERALTA, ROSENTHAL, GREENE -- Multi-Sponsored by
-- M. of A. WRIGHT -- read once and referred to the Committee on Hous-
ing
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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00052-01-9
A. 362 2
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
proceedings for two or more petitions applicable to the same building or
group of buildings or development. If the commissioner finds that the
owner has knowingly filed a false certification, it shall, in addition
to abating the rent, assess the owner with the reasonable costs of the
proceeding, including reasonable attorneys' fees, and impose a penalty
not in excess of two hundred fifty dollars for each false certification.
The amount of the reduction in rent ordered by the state division of
housing and community renewal under this [subdivision] SECTION shall be
reduced by any credit, abatement or offset in rent which the tenant has
received pursuant to section two hundred thirty-five-b of the real prop-
erty law, that relates to one or more conditions covered by such order.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law and shall apply to all applications for reductions in
rent pending on the effective date of this act or filed on or after such
date with the state division of housing and community renewal pursuant
to the provisions of section 26-514 of the administrative code of the
city of New York; provided that the amendments to section 26-514 of the
rent stabilization law of nineteen hundred sixty-nine 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.