senate Bill S7858

2013-2014 Legislative Session

Tolls the four year statute of limitations look back period on rent overcharges where the owner of a housing accommodation acts in a wrongful or fraudulent manner

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2014 referred to rules

S7858 - Details

See Assembly Version of this Bill:
A9908A
Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Amd §26-516, NYC Ad Cd; amd §12, Emerg Ten Prot Act of 1974; amd §213-a, CPLR

S7858 - Summary

Tolls the four year statute of limitations look back period on rent overcharges where the owner of a housing accommodation acts in a wrongful or fraudulent manner.

S7858 - Sponsor Memo

S7858 - Bill Text download pdf

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

                                  7858

                            I N  S E N A T E

                              June 16, 2014
                               ___________

Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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.  Clause  (i)  of the opening paragraph of subdivision a of
section 26-516 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:
  (i) Except as to complaints filed pursuant  to  clause  (ii)  of  this
paragraph, the legal regulated rent for purposes of determining an over-
charge, shall be the rent indicated in the annual registration statement
filed  four  years prior to the most recent registration statement, (or,
if more recently filed, the initial registration statement) plus in each
case any subsequent lawful increases and adjustments. Where  the  amount
of  rent  set forth in the annual rent registration statement filed four
years prior to the most recent registration statement is not  challenged
within  four  years  of its filing, neither such rent nor service of any
registration shall be subject to challenge at any time thereafter.  SUCH
FOUR YEAR LOOK BACK PERIOD TO  CHALLENGE  A  RENT  OVERCHARGE  SHALL  BE
DEEMED  TOLLED  WHERE  THE TENANT CAN SHOW THAT THE TENANT WAS PREVENTED
FROM ASSERTING HIS OR HER CLAIM BY SOME KIND OF WRONGFUL CONDUCT ON  THE
PART  OF  THE  OWNER.  FOR  PURPOSES  OF  THIS SUBDIVISION SUCH WRONGFUL
CONDUCT SHALL INCLUDE, BUT  NOT  BE  LIMITED  TO,  MISREPRESENTATION  OR
FRAUD.   WHERE A TENANT IN A RENT OVERCHARGE ACTION ALLEGES MISREPRESEN-
TATION OR FRAUD ON THE PART OF THE OWNER, THE OWNER SHALL BE REQUIRED TO
PROVIDE THE TENANT WITH THE RECEIPTS AND DISBURSEMENTS FOR ANY  REPAIRS,
UPGRADES  OR  RENOVATIONS  MADE  TO SUCH PREMISES DURING THE PERIOD FOUR
YEARS PRIOR TO THE COMMENCEMENT OF THE OVERCHARGE  ACTION.    THE  OWNER
SHALL  ALSO  BE  REQUIRED TO PROVIDE ANY NEW PROSPECTIVE TENANT WITH THE
RECEIPTS AND DISBURSEMENTS FOR ANY  REPAIRS,  UPGRADES  OR  IMPROVEMENTS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15432-04-4

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