NY State Senate Bill 2009-S4457

Senate Bill S4457

2009-2010 Legislative Session

Prohibits the division of housing and community renewal from adopting various rules and regulations pertaining to rent regulated housing accommodations

download bill text pdf

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to housing, construction and community development
Apr 23, 2009	referred to housing, construction and community development

2009-S4457 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Housing
Laws Affected:: Amd §44, Chap 116 of 1997

2009-S4457 (ACTIVE) - Summary

Prohibits the division of housing and community renewal from adopting various rules and regulations pertaining to rent regulated housing accommodations: notice of application for rent reduction, city agency finding of lack of adequate heat or hot water, de minimis conditions, presumption of building-wide condition, evidence, maximum rent for occupancy under real property law section 235-f, determination of overcharges, collection of surcharges, binding subsequent tenants, waivers and withdrawals before the division, fair market rent appeals, renewal rights to a family member; declares any such rules or regulations already adopted void and unenforceable ab initio.

2009-S4457 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4457

 TITLE OF BILL :
An act to amend the rent regulation reform act of 1997, in relation to
the adoption of rules or regulations


 PURPOSE :
This bill prohibits the division of housing and community renewal (the
"DHCR") from adopting certain proposed regulations that would
seriously erode the rights and protections of tenants under the New
York State and New York City rent stabilization and rent control laws.

 SUMMARY OF PROVISIONS :
The bill amends a chapter of the laws of 1997 which required the
adoption of regulations implementing the Rent Regulation Reform Act of
1997 within 180 days of May 29, 1974. This bill prohibits the adoption
of certain regulations proposed for the first time in April, 2000 by
the DHCR. Such proposals would severely limit tenants' ability to file
complaints with DHCR alleging reduction in services, expand situations
in which tenants would be subject to eviction from regulated
apartments, limit landlord's liability for rent overcharges, and allow
additional circumstances under which tenants could waive their rights
and the right of subsequent tenants under the rent laws and
regulations.

 JUSTIFICATION :
In April, 2000, the DHCR published proposed regulations amending the
New York City Rent Stabilization Code, the New York City Rent and
Eviction Regulations, the New York State Rent and Eviction Regulations
and the New York State Tenant Protection Regulations.  While these
proposals purport to merely "implement" the Rent Regulation Reform
Acts of 1993 and 1997, other statutes and judicial rulings, they go
far beyond any such "implementation" and propose many other changes
that would seriously diminish the existing rights and protections of
tenants under the laws and regulations. This bill will prohibit DHCR
from adopting specific regulatory changes that are required to
implement existing statutes and permits DHCR to proceed with the
remainder of its proposals.

On May 25, 2000, DHCR held a public hearing simultaneously in three
locations on its proposals. The proposals were not widely circulated
and the hearing was poorly publicized.  Tenants and organizations of
tenants were not consulted in any serious way by DHCR before the
proposals were published. Many of the proposals intrude upon the
prerogatives of the state legislature to legislate changes in the rent
laws, others too would overturn existing case law with regard to
certain types of eviction proceedings. There is no reason for DHCR to
adopt many of these proposals, other than to do away with many
existing rights of rent regulated tenants. This bill is necessary in
order to protect tenants' rights and protections, while allowing DHCR
to proceed with regulatory changes that do no more than implement the
governing statutes.

While DHCR adopted the proposals on December 20, 2000, this
legislation would make those regulations void and would prohibit DHCR
from adopting additional rules or regulations without legislative
approval.

 LEGISLATIVE HISTORY :
2006 - Referred to Housing, Construction and Community Development
2007 - Referred to Housing, Construction and Community Development
2008 - Referred to Housing, Construction and Community Development

 FISCAL IMPLICATIONS :
None.
 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S4457 (ACTIVE) - Bill Text download pdf

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

                                  4457

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 23, 2009
                               ___________

Introduced  by  Sen. SCHNEIDERMAN -- read twice and ordered printed, and
  when printed to be committed to the Committee on Housing, Construction
  and Community Development

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.
  1. NOTWITHSTANDING THE FOREGOING, OR ANY OTHER PROVISION OF  LAW,  THE
DIVISION  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.
                                                           LBD11344-01-9

S. 4457                             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.
  2.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF LAW, ANY RULE OR
REGULATION ADOPTED PURSUANT TO THIS SECTION AND INCONSISTENT WITH SUBDI-
VISION ONE OF THIS SECTION, ADOPTED  PRIOR  TO  THE  EFFECTIVE  DATE  OF
SUBDIVISION ONE OF THIS SECTION, IS HEREBY DECLARED TO BE VOID AND UNEN-
FORCEABLE AB INITIO.
  S 2. This act shall take effect immediately.

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