S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6565
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 12, 2019
                                ___________
 
 Introduced by M. of A. CRESPO -- read once and referred to the Committee
   on Housing
 
 AN  ACT  to  amend  the public housing law and the real property law, in
   relation to temporary reductions  of  rent  for  failure  to  maintain
   services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public housing law is amended by adding a  new  section
 402-e to read as follows:
   §  402-E. TEMPORARY REDUCTION OF RENT. IN ADDITION TO ANY OTHER REMEDY
 AFFORDED BY LAW, ANY TENANT OR REPRESENTATIVE ON BEHALF OF A BUILDING OR
 DEVELOPMENT MAY APPLY TO THE STATE DIVISION  OF  HOUSING  AND  COMMUNITY
 RENEWAL FOR A TEMPORARY REDUCTION IN THE RENT PAID BY THE TENANT AND FOR
 AN  ORDER  REQUIRING  SERVICES TO BE MAINTAINED AS PROVIDED IN PARAGRAPH
 (D) OF SUBDIVISION THREE OF SECTION TWO  HUNDRED  THIRTY-FIVE-B  OF  THE
 REAL PROPERTY LAW, OR ANY APPLICABLE LOCAL LAW, ORDINANCE OR REGULATION,
 AND  THE  COMMISSIONER  SHALL SO REDUCE THE RENT IF IT IS FOUND THAT THE
 NEW YORK CITY HOUSING AUTHORITY HAS FAILED TO  MAINTAIN  SUCH  SERVICES.
 THE  RESTORATION OF SUCH SERVICES SHALL RESULT IN THE PROSPECTIVE ELIMI-
 NATION OF SUCH SANCTIONS. THE AUTHORITY SHALL BE SUPPLIED WITH A COPY OF
 THE APPLICATION AND SHALL BE PERMITTED TO  FILE  AN  ANSWER  THERETO.  A
 HEARING MAY BE HELD UPON THE REQUEST OF EITHER PARTY, OR THE COMMISSION-
 ER  MAY  HOLD A HEARING UPON HIS OR HER OWN MOTION. THE COMMISSIONER MAY
 CONSOLIDATE THE PROCEEDINGS FOR PETITIONS APPLICABLE TO THE SAME  BUILD-
 ING OR GROUP OF BUILDINGS OR DEVELOPMENT. IN DETERMINING THE IMPLEMENTA-
 TION  OF THE REDUCTION OF RENT, THE COMMISSIONER SHALL TAKE INTO CONSID-
 ERATION THE IMPACT ON THE ESSENTIAL OPERATIONS OF THE AUTHORITY. IF  THE
 COMMISSIONER  FINDS  THAT  THE  AUTHORITY  HAS  KNOWINGLY  FILED A FALSE
 CERTIFICATION, HE OR SHE SHALL, IN ADDITION TO ABATING THE RENT,  ASSESS
 THE  AUTHORITY  WITH  THE  REASONABLE COSTS OF THE PROCEEDING, INCLUDING
 REASONABLE ATTORNEYS' FEES, AND IMPOSE A PENALTY NOT IN  EXCESS  OF  TWO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09469-01-9

 A. 6565                             2
 
 HUNDRED  FIFTY  DOLLARS  FOR EACH FALSE CERTIFICATION. THE AMOUNT OF THE
 REDUCTION IN RENT ORDERED BY THE STATE DIVISION OF HOUSING AND COMMUNITY
 RENEWAL UNDER THIS SECTION SHALL BE REDUCED BY ANY CREDIT, ABATEMENT  OR
 OFFSET  IN  RENT  WHICH  THE TENANT HAS RECEIVED PURSUANT TO SECTION TWO
 HUNDRED THIRTY-FIVE-B OF THE REAL PROPERTY LAW, THAT RELATES TO  ONE  OR
 MORE CONDITIONS COVERED BY SUCH ORDER.
   §  2.  Subdivision  3  of  section  235-b  of the real property law is
 amended by adding a new paragraph (d) to read as follows:
   (D) WHERE THE PREMISES IS OWNED OR OPERATED BY THE NEW YORK CITY HOUS-
 ING AUTHORITY AS CONSTITUTED BY SECTION FOUR HUNDRED ONE OF  THE  PUBLIC
 HOUSING  LAW, REDUCE THE AMOUNT AWARDED HEREUNDER BY THE TOTAL AMOUNT OF
 ANY RENT REDUCTION ORDERED BY THE STATE DIVISION OF HOUSING AND COMMUNI-
 TY RENEWAL PURSUANT TO SECTION FOUR HUNDRED TWO-E OF THE PUBLIC  HOUSING
 LAW,  AWARDED  TO  THE  TENANT,  FROM  THE  EFFECTIVE  DATE OF SUCH RENT
 REDUCTION ORDER, THAT RELATES TO ONE OR MORE MATTERS FOR WHICH RELIEF IS
 AWARDED HEREUNDER.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.