NY State Senate Bill 2013-S797

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to housing, construction and community development
Jan 09, 2013	referred to housing, construction and community development

2013-S797 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-504.2, NYC Ad Cd; amd §5, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5851
2011-2012: S57
2015-2016: S174
2017-2018: S2028, S7105
2019-2020: S5142

2013-S797 (ACTIVE) - Summary

Relates to statutes of limitations based on notices of deregulation.

2013-S797 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S797

TITLE OF BILL:
An act
to amend the administrative code of the city of New York and the
emergency tenant protection act of nineteen seventy-four, in relation
to the statute
of limitations
on notices of deregulation

PURPOSE OR GENERAL IDEA OF THE BILL:
The bill will amend the Emergency Tenant Protection Act of 1974 and
the Administrative Code of New York City. This bill will provide
that the statute of limitations for challenges by a tenant to a high
rent decontrol of a rent-regulated apartment is tolled during the
time that the notice required by statute is not given in order to
decrease the number of rent-regulated units improperly deregulated.

SUMMARY OF SPECIFIC PROVISIONS:
This bill will:

* Provide that the limitations period for Challenging deregulation of
a rent-regulated apartment and claim of overcharge is tolled if the
landlord fails to file and serve the appropriate notice; and * Apply
the sections of the bill to housing accommodations that become vacant
on or after the date this bill would become law.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
The Emergency Tenant Protection Act (EPTA) currently has a four-year
statute of limitations for challenging a legal rent. Also, the New
York City Administrative Code, §26-516, and EPTA, §12, require owners
to keep rent records for four years" This bill adds a new subdivision
(c) of Section 26-504.2 of the New York City Administrative Code to
provide that the periods for the examination of rental history and
claims of overcharge and improper deregulation are extended by the
period during which the owner does not comply with notice and filing
requirements. In addition, it amends the ETPA to set forth
requirements for a landlord who seeks to deregulate a unit on grounds
that the rent has exceeded the high rent threshold to file a
statement with the Division of Housing and Community Renewal (DHCR)
and to notify the tenants, and tolls the statute of limitations
during the time the landlord failed to comply with these requirements

JUSTIFICATION:
The rent laws provide for the deregulation of apartments that become
vacant with a lawful rent of at least $2,000 per month. Since the
right of a tenant to challenge a rent extends only for four years,
a claim of
"high rent vacancy deregulation," which is predicated on the lawful
rent for an apartment reaching the $2,000 per month level becomes
unchallengeable after four years. Therefore, an affected tenant must
be given notice not only of his or her right to challenge the claim
of deregulation, but also of the information necessary to understand
the owner's claim and to file a meaningful challenge.. Where the
owner fails to provide the required notices for high-rent exemption,
the most effective method of ensuring that tenants are given a


meaningful opportunity to challenge claims of deregulation and
related rent overcharges is to provide that the period to examine the
rental history of an accommodation not commence until such notices
are provided.

PRIOR LEGISLATIVE HISTORY:
2012: Referred to Housing, Construction and Community Development
2010: S.5851 (Squadron) - Housing, Construction and Community
      Development, A.7598 (Jefferies) - Passed Assembly
2009: (Squadron) - Rules, A.7598 (Jefferies) - Passed Assembly

FISCAL IMPLICATIONS:
There will be some modest administrative costs associated with
extending the statute of limitations, and with the DHCR maintaining
additional records.

EFFECTIVE DATE:
Bill would take effect immediately; sections 1 and 2 would apply to
housing accommodations that become vacant on or after the date this
bill would become law.

2013-S797 (ACTIVE) - Bill Text download pdf

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

                                   797

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. SQUADRON -- 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 administrative code of the city of New York and the
  emergency tenant protection act of nineteen seventy-four, in  relation
  to the statute of limitations on notices of deregulation

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 26-504.2 of the administrative code of the city of
New York is amended by adding a new subdivision c to read as follows:
  C. NOTWITHSTANDING SECTION 26-516 OF  THIS  CHAPTER  AND  SECTION  TWO
HUNDRED  THIRTEEN-A  OF  THE  CIVIL  PRACTICE LAW AND RULES, THE PERIODS
PROVIDED FOR THEREIN FOR EXAMINATION OF THE RENTAL HISTORY OF THE ACCOM-
MODATION FOR THE DETERMINATION OF AN OVERCHARGE AND WHETHER THE ACCOMMO-
DATION IS SUBJECT TO THIS LAW ARE EXTENDED BY THE  PERIOD  DURING  WHICH
THE OWNER IS NOT IN COMPLIANCE WITH THE REQUIREMENTS OF SUBDIVISION B OF
THIS SECTION.
  S  2. Paragraph 13 of subdivision a of section 5 of section 4 of chap-
ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
protection  act  of  nineteen  seventy-four, as amended by section 10 of
part B of chapter 97 of the laws of 2011, is amended to read as follows:
  (13) (I) any housing accommodation with a legal regulated rent of  two
thousand  dollars  or  more  per month at any time between the effective
date of this paragraph and October first, nineteen hundred  ninety-three
which  is or becomes vacant on or after the effective date of this para-
graph; or, for any housing accommodation with a legal regulated rent  of
two  thousand  dollars  or  more  per  month at any time on or after the
effective date of the rent regulation reform act of 1997 and before  the
effective date of the rent act of 2011, which is or becomes vacant on or
after  the  effective date of the rent regulation reform act of 1997 and

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

                                                           LBD00191-02-3

S. 797                              2

before the effective date of the rent act of 2011.  This exclusion shall
apply regardless of whether the next tenant in occupancy or  any  subse-
quent  tenant  in  occupancy  is  charged or pays less than two thousand
dollars  a  month;  or, for any housing accommodation with a legal regu-
lated rent of two thousand five hundred dollars or more per month at any
time on or after the effective date of the rent act of 2011, which is or
becomes vacant on or after such effective date.   An exclusion  pursuant
to  this  paragraph shall apply regardless of whether the next tenant in
occupancy or any subsequent tenant in occupancy actually is  charged  or
pays  less  than  two  thousand  five hundred dollars a month.  Provided
however, that an exclusion pursuant to this paragraph shall not apply to
housing accommodations which became or become subject to this act (a) by
virtue of receiving tax benefits pursuant to section [four hundred twen-
ty-one-a] 421-A or [four hundred eighty-nine] 489 of the  real  property
tax  law,  except as otherwise provided in subparagraph (i) of paragraph
(f) of subdivision [two] 2 of section [four hundred twenty-one-a]  421-A
of  the real property tax law, or (b) by virtue of article [seven-C] 7-C
of the multiple dwelling law. This paragraph shall not  apply,  however,
to  or become effective with respect to housing accommodations which the
commissioner determines or finds that the landlord or any person  acting
on  his  or  her  behalf, with intent to cause the tenant to vacate, has
engaged in any course of conduct (including, but not limited to,  inter-
ruption or discontinuance of required services) which interfered with or
disturbed  or  was  intended  to  interfere with or disturb the comfort,
repose, peace or quiet of the tenant in his or her use or  occupancy  of
the  housing  accommodations  and  in  connection  with  such  course of
conduct, any other general enforcement provision of this act shall  also
apply.
  (II)  THE  OWNER  OF  ANY HOUSING ACCOMMODATION THAT IS NOT SUBJECT TO
THIS ACT PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (I)  OF  THIS  PARA-
GRAPH  OR  PARAGRAPH  (N) OF SUBDIVISION 2 OF SECTION 2 OF THE EMERGENCY
HOUSING RENT CONTROL LAW SHALL GIVE WRITTEN  NOTICE  CERTIFIED  BY  SUCH
OWNER TO THE FIRST TENANT OF THAT HOUSING ACCOMMODATION AFTER SUCH HOUS-
ING  ACCOMMODATION BECOMES EXEMPT FROM THE PROVISIONS OF THIS ACT OR THE
EMERGENCY HOUSING RENT CONTROL LAW. SUCH NOTICE SHALL CONTAIN:  THE LAST
REGULATED RENT; THE  REASON  THAT  SUCH  HOUSING  ACCOMMODATION  IS  NOT
SUBJECT  TO THIS ACT OR THE EMERGENCY HOUSING RENT CONTROL LAW; A CALCU-
LATION OF HOW EITHER THE RENTAL AMOUNT CHARGED WHEN THERE IS NO LEASE OR
THE RENTAL AMOUNT PROVIDED FOR IN THE LEASE HAS BEEN DERIVED  SO  AS  TO
REACH  TWO THOUSAND DOLLARS OR MORE PER MONTH; A STATEMENT THAT THE LAST
LEGAL REGULATED RENT OR THE MAXIMUM RENT MAY BE VERIFIED BY  THE  TENANT
BY  CONTACTING  THE  STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, OR
ANY SUCCESSOR THERETO; AND THE ADDRESS  AND  TELEPHONE  NUMBER  OF  SUCH
AGENCY, OR ANY SUCCESSOR THERETO. SUCH NOTICE SHALL BE SENT BY CERTIFIED
MAIL WITHIN THIRTY DAYS AFTER THE TENANCY COMMENCES OR AFTER THE SIGNING
OF  THE LEASE BY BOTH PARTIES, WHICHEVER OCCURS FIRST OR SHALL BE DELIV-
ERED TO THE TENANT AT THE SIGNING OF THE LEASE. IN ADDITION,  THE  OWNER
SHALL  SEND  AND CERTIFY TO THE TENANT A COPY OF THE REGISTRATION STATE-
MENT FOR SUCH HOUSING ACCOMMODATION FILED WITH  THE  STATE  DIVISION  OF
HOUSING AND COMMUNITY RENEWAL INDICATING THAT SUCH HOUSING ACCOMMODATION
BECAME  EXEMPT  FROM THE PROVISIONS OF THIS ACT OR THE EMERGENCY HOUSING
RENT CONTROL LAW, WHICH FORM SHALL INCLUDE THE LAST REGULATED RENT,  AND
SHALL  BE  SENT  TO  THE  TENANT  WITHIN  THIRTY  DAYS AFTER THE TENANCY
COMMENCES OR THE FILING OF SUCH REGISTRATION, WHICHEVER OCCURS LATER.
  (III) NOTWITHSTANDING SECTION TWELVE OF THIS ACT AND SECTION 213-A  OF
THE  CIVIL  PRACTICE LAW AND RULES TO THE CONTRARY, THE PERIODS PROVIDED

S. 797                              3

FOR THEREIN FOR EXAMINATION OF THE RENTAL HISTORY OF  THE  ACCOMMODATION
FOR  THE DETERMINATION OF AN OVERCHARGE AND WHETHER THE ACCOMMODATION IS
SUBJECT TO THIS LAW ARE EXTENDED BY THE PERIOD DURING WHICH THE OWNER IS
NOT  IN  COMPLIANCE WITH REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARA-
GRAPH.
  S 3. This act shall take effect immediately provided that:
  (a) the amendment to section 26-504.2 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;
  (b) the amendments to section 5 of section 4 of the  emergency  tenant
protection  act of nineteen seventy-four made by section two of this act
shall expire on the same date as such act expires and shall  not  affect
the  expiration  of such act as provided in section 17 of chapter 576 of
the laws of 1974, as amended; and
  (c) the provisions of this act shall apply to  housing  accommodations
which became vacant on or after the effective date of this act.

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Senate Bill S797

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

Actions

2013-S797 (ACTIVE) - Details

2013-S797 (ACTIVE) - Summary

2013-S797 (ACTIVE) - Sponsor Memo

2013-S797 (ACTIVE) - Bill Text download pdf

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Sponsored By

Daniel L. Squadron

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

Actions

2013-S797 (ACTIVE) - Details

2013-S797 (ACTIVE) - Summary

2013-S797 (ACTIVE) - Sponsor Memo

2013-S797 (ACTIVE) - Bill Text download pdf

Comments