S T A T E O F N E W Y O R K
________________________________________________________________________
1447
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Housing
AN ACT to amend the rent regulation reform act of 1997, in relation to
the adoption of rules or regulations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 44 of chapter 116 of the laws of 1997, constituting
the rent regulation reform act of 1997, is amended to read as follows:
S 44. Any rule or regulation or form necessary for the implementation
of this act, or any section of this act, is directed to be made and
completed within 180 days after the effective date of this act.
NOTWITHSTANDING THE FOREGOING, OR ANY OTHER PROVISION OF LAW, THE DIVI-
SION OF HOUSING AND COMMUNITY RENEWAL IS PROHIBITED FROM ADOPTING ANY
RULE OR REGULATION PROVIDING:
(A) THAT THE GIVING OF WRITTEN NOTICE BY A TENANT TO AN OWNER OR
OWNER'S AGENT WILL BE REQUIRED BEFORE FILING WITH THE DIVISION OF HOUS-
ING AND COMMUNITY RENEWAL OF A TENANT'S APPLICATION FOR A REDUCTION OF
THE LEGAL REGULATED RENT BASED ON AN ALLEGED FAILURE TO MAINTAIN
REQUIRED SERVICES; OR
(B) THAT A TENANT'S APPLICATION FOR A REDUCTION OF THE LEGAL REGULATED
RENT BASED ON AN ALLEGED FAILURE TO MAINTAIN REQUIRED SERVICES DUE TO A
LACK OF ADEQUATE HEAT OR HOT WATER MUST BE ACCOMPANIED BY A REPORT FROM
A CITY AGENCY FINDING SUCH LACK OF ADEQUATE HEAT OR HOT WATER; OR
(C) FOR ANY SCHEDULE OF BUILDING OR APARTMENT CONDITIONS THAT WILL BE
CONSIDERED DE MINIMIS IN NATURE AND NOT AMOUNTING TO A FAILURE TO MAIN-
TAIN REQUIRED SERVICES; OR
(D) THAT THE PASSAGE OF TIME DURING WHICH A DISPUTED SERVICE WAS NOT
PROVIDED AND DURING WHICH NO COMPLAINT WAS FILED BY A TENANT ALLEGING
FAILURE BY AN OWNER TO MAINTAIN SUCH SERVICE SHALL BE EVIDENCE THAT SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00277-01-9
A. 1447 2
SERVICE CONDITION IS DE MINIMIS AND NOT A FAILURE TO MAINTAIN A REQUIRED
SERVICE; OR
(E) THAT THE PASSAGE OF FOUR YEARS OR MORE DURING WHICH A DISPUTED
SERVICE WAS NOT PROVIDED AND DURING WHICH NO COMPLAINT WAS FILED BY A
TENANT ALLEGING FAILURE TO MAINTAIN SUCH SERVICE SHALL BE CONSIDERED
PRESUMPTIVE EVIDENCE THAT SUCH SERVICE CONDITION IS DE MINIMIS; OR
(F) FOR THE CREATION OF ANY PRESUMPTION WITH REGARD TO A COMPLAINT OF
FAILURE TO MAINTAIN REQUIRED SERVICES OR AN ALLEGATION OF DEFECTIVE
OPERATION OF A MAJOR CAPITAL IMPROVEMENT THAT A BUILDING-WIDE CONDITION
EXISTS, DOES NOT EXIST, OR WAS CORRECTED BASED UPON THE AFFIDAVIT OF A
LICENSED ARCHITECT OR ENGINEER; OR
(G) FOR THE SPECIFICATION OF ANY PARTICULAR ITEMS OF EVIDENCE TO BE
CONSIDERED BY A COURT OR AN ADMINISTRATIVE AGENCY IN MAKING A DETERMI-
NATION AS TO WHETHER A HOUSING ACCOMMODATION IS OCCUPIED AS A PRIMARY
RESIDENCE; OR
(H) FOR THE SPECIFICATION OF ANY MAXIMUM RENTAL THAT MAY BE CHARGED A
PERSON IN OCCUPANCY OF A HOUSING ACCOMMODATION PURSUANT TO SECTION 235-F
OF THE REAL PROPERTY LAW; OR
(I) THAT FOR PURPOSES OF DETERMINING AN OVERCHARGE, WHERE A HOUSING
ACCOMMODATION IS VACANT OR TEMPORARILY EXEMPT FROM REGULATION, THE LEGAL
REGULATED RENT SHALL BE THE RENT AGREED TO BY THE OWNER AND THE FIRST
RENT STABILIZED TENANT TAKING OCCUPANCY AFTER SUCH VACANCY OR TEMPORARY
EXEMPTION; OR
(J) THAT FOR PURPOSES OF DETERMINING AN OVERCHARGE, THE RENT CHARGED
SHALL BE UTILIZED TO ESTABLISH THE LEGAL REGULATED RENT, RATHER THAN THE
RENT SHOWN IN THE ANNUAL REGISTRATION STATEMENT FILED FOUR YEARS PRIOR
TO THE MOST RECENT REGISTRATION STATEMENT (OR, IF MORE RECENTLY FILED,
THE INITIAL REGISTRATION STATEMENT); OR
(K) FOR THE COLLECTION BY AN OWNER OF SURCHARGES FROM A TENANT, WHO
HAS INSTALLED A PERMANENT OR PORTABLE WASHING MACHINE, DRYER, OR DISH-
WASHER; OR
(L) FOR THE COLLECTION BY AN OWNER OF SURCHARGES FROM A TENANT FOR
PROVIDING A UTILITY SERVICE (INCLUDING, BUT NOT LIMITED TO, ELECTRICITY,
GAS, CABLE, OR TELECOMMUNICATIONS); OR
(M) THAT THE WITHDRAWAL OF A COMPLAINT PENDING BEFORE THE DIVISION OF
HOUSING AND COMMUNITY RENEWAL BY A TENANT SHALL BE BINDING UPON SUBSE-
QUENT TENANTS; OR
(N) THAT A TENANT WHO IS UNREPRESENTED BY COUNSEL MAY WAIVE BENEFITS
OF ANY LAW OR REGULATION BY WITHDRAWING A COMPLAINT PENDING BEFORE THE
DIVISION OF HOUSING AND COMMUNITY RENEWAL; OR
(O) THAT BARS THE FILING OF A FAIR MARKET RENT APPEAL FILED MORE THAN
FOUR YEARS AFTER THE VACANCY WHICH CAUSED THE HOUSING ACCOMMODATION TO
NO LONGER BE SUBJECT TO RENT CONTROL; OR
(P) THAT DEPRIVES THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OF THE
AUTHORITY TO EXTEND LEASE RENEWAL RIGHTS TO A FAMILY MEMBER BASED ON DUE
CONSIDERATION OF EQUITIES.
S 2. This act shall take effect immediately.