S T A T E O F N E W Y O R K
________________________________________________________________________
9816
I N A S S E M B L Y
February 12, 2018
___________
Introduced by M. of A. TAYLOR, CYMBROWITZ -- read once and referred to
the Committee on Housing
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. The opening paragraph of subdivision a of section 26-516 of
the administrative code of the city of New York is amended by adding a
new clause (iii) to read as follows:
(III) NOTWITHSTANDING THE PROVISIONS OF CLAUSE (I) OF THIS PARAGRAPH,
FOR ANY YEAR IN WHICH AN OWNER OR A LANDLORD WHO IS REQUIRED TO FILE AN
ANNUAL RENT REGISTRATION STATEMENT, HAS FAILED TO TIMELY FILE SUCH ANNU-
AL RENT REGISTRATION STATEMENT, THE DIVISION OR A COURT OF COMPETENT
JURISDICTION SHALL CONSIDER SUCH YEAR OR YEARS WHEN DETERMINING THE
CURRENT LEGAL REGULATED RENT.
§ 2. Section 26-512 of the administrative code of the city of New York
is amended by adding a new subdivision (g) to read as follows:
(G) UPON THE OFFERING OF A LEASE TO A PROSPECTIVE TENANT, AN OWNER OR
A LANDLORD SHALL BE REQUIRED TO PROVIDE SUCH TENANT WITH THE DOCUMENTA-
TION USED BY SUCH OWNER OR LANDLORD TO SUPPORT ANY ALLOWABLE INCREASES
IN THE LEGAL REGULATED RENT DURING THE PREVIOUS FOUR YEARS.
§ 3. Paragraph 1 of subdivision a of section 12 of section 4 of chap-
ter 576 of the laws of 1974 constituting the emergency tenant protection
act of nineteen seventy-four is amended by adding a new clause (iii) to
read as follows:
(III) NOTWITHSTANDING THE PROVISIONS OF CLAUSE (I) OF THIS PARAGRAPH,
FOR ANY YEAR IN WHICH AN OWNER OR A LANDLORD WHO IS REQUIRED TO FILE AN
ANNUAL RENT REGISTRATION STATEMENT, HAS FAILED TO TIMELY FILE SUCH ANNU-
AL RENT REGISTRATION STATEMENT, THE DIVISION OR A COURT OF COMPETENT
JURISDICTION SHALL CONSIDER SUCH YEAR OR YEARS WHEN DETERMINING THE
CURRENT LEGAL REGULATED RENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06546-01-7
A. 9816 2
§ 4. Section 6 of section 4 of chapter 576 of the laws of 1974 consti-
tuting the emergency tenant protection act of nineteen seventy-four is
amended by adding a new subdivision h to read as follows:
H. UPON THE OFFERING OF A LEASE TO A PROSPECTIVE TENANT, AN OWNER OR A
LANDLORD SHALL BE REQUIRED TO PROVIDE SUCH TENANT WITH THE DOCUMENTATION
USED BY SUCH OWNER OR LANDLORD TO SUPPORT ANY ALLOWABLE INCREASES IN THE
LEGAL REGULATED RENT DURING THE PREVIOUS FOUR YEARS.
§ 5. Section 213-a of the civil practice law and rules, as amended by
chapter 116 of the laws of 1997, is amended to read as follows:
§ 213-a. Actions to be commenced within four years; residential rent
overcharge. An action on a residential rent overcharge shall be
commenced within four years of the first overcharge alleged and no
determination of an overcharge and no award or calculation of an award
of the amount of any overcharge may be based upon an overcharge having
occurred more than four years before the action is commenced. This
section shall preclude examination of the rental history of the housing
accommodation prior to the four-year period immediately preceding the
commencement of the action; PROVIDED HOWEVER, FOR ANY YEAR IN WHICH AN
OWNER OR A LANDLORD WHO IS REQUIRED TO FILE AN ANNUAL RENT REGISTRATION
STATEMENT, HAS FAILED TO TIMELY FILE SUCH ANNUAL RENT REGISTRATION
STATEMENT, A COURT OF COMPETENT JURISDICTION SHALL CONSIDER SUCH YEAR OR
YEARS WHEN DETERMINING THE CURRENT LEGAL REGULATED RENT.
§ 6. This act shall take effect immediately, and shall apply to any
action or proceeding pending in any court or any application, complaint
or proceeding before an administrative agency on the effective date of
this act, as well as any action or proceeding commenced thereafter;
provided, however, that:
(a) the amendments to subdivision a of section 26-516 of the adminis-
trative code of the city of New York 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 section as provided under section 26-520 of such
code; and
(b) the amendments to the emergency tenant protection act of nineteen
seventy-four made by sections three and four 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.