S T A T E O F N E W Y O R K
________________________________________________________________________
4169--A
2019-2020 Regular Sessions
I N S E N A T E
March 4, 2019
___________
Introduced by Sens. MYRIE, BAILEY, HOYLMAN, KRUEGER, RIVERA, SALAZAR,
SANDERS, STAVISKY -- read twice and ordered printed, and when printed
to be committed to the Committee on Housing, Construction and Communi-
ty Development -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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 investigation of rent over-
charge complaints
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 1 of subdivision a of section 12 of section 4 of
chapter 576 of the laws of 1974, constituting the emergency tenant
protection act of nineteen seventy-four, as amended by chapter 403 of
the laws of 1983, the opening paragraph and clause (i) of subparagraph
(b) as amended by chapter 116 of the laws of 1997, is amended to read as
follows:
(1) Subject to the conditions and limitations of this paragraph, any
owner of housing accommodations in a city having a population of less
than one million or a town or village as to which an emergency has been
declared pursuant to section three, who, upon complaint of a tenant or
of the state division of housing and community renewal, is found by the
state division of housing and community renewal, after a reasonable
opportunity to be heard, to have collected an overcharge above the rent
authorized for a housing accommodation subject to this act shall be
liable to the tenant for a penalty equal to three times the amount of
such overcharge. [In no event shall such treble damage penalty be
assessed against an owner based solely on said owner's failure to file a
proper or timely initial or annual rent registration statement.] If the
owner establishes by a preponderance of the evidence that the overcharge
was neither willful nor attributable to his negligence, the state divi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06209-07-9
S. 4169--A 2
sion of housing and community renewal shall establish the penalty as the
amount of the overcharge plus interest at the rate of interest payable
on a judgment pursuant to section five thousand four of the civil prac-
tice law and rules. AFTER A COMPLAINT OF RENT OVERCHARGE HAS BEEN FILED
AND SERVED ON AN OWNER, THE VOLUNTARY ADJUSTMENT OF THE RENT AND/OR THE
VOLUNTARY TENDER OF A REFUND OF RENT OVERCHARGES SHALL NOT BE CONSIDERED
BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OR A COURT OF COMPETENT
JURISDICTION AS EVIDENCE THAT THE OVERCHARGE WAS NOT WILLFUL. (i) Except
as to complaints filed pursuant to clause (ii) of this paragraph, the
legal regulated rent for purposes of determining an overcharge, shall be
deemed to be the rent indicated in the MOST RECENT RELIABLE annual
registration statement FOR A RENT STABILIZED TENANT filed [four] AND
SERVED UPON THE TENANT SIX OR MORE years prior to the most recent regis-
tration statement, (or, if more recently filed, the initial registration
statement) plus in each case any subsequent lawful increases and adjust-
ments. [Where the amount of rent set forth in the annual rent registra-
tion 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.] THE DIVISION OF HOUSING AND COMMUNITY RENEWAL
OR A COURT OF COMPETENT JURISDICTION, IN INVESTIGATING COMPLAINTS OF
OVERCHARGE AND IN DETERMINING LEGAL REGULATED RENT, SHALL CONSIDER ALL
AVAILABLE RENT HISTORY WHICH IS REASONABLY NECESSARY TO MAKE SUCH DETER-
MINATIONS. (ii) As to complaints filed within ninety days of the initial
registration of a housing accommodation, the legal regulated rent for
purposes of determining an overcharge shall be deemed to be the rent
charged on the date [four] SIX years prior to the date of the initial
registration of the housing accommodation (or, if the housing accommo-
dation was subject to this act for less than [four] SIX years, the
initial legal regulated rent) plus in each case, any lawful increases
and adjustments. Where the rent charged on the date [four] SIX years
prior to the date of the initial registration of the accommodation
cannot be established, such rent shall be established by the division.
[Where the amount of rent set forth in the annual rent registration
statement filed four years prior to the most recent registration state-
ment 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.]
(a) The order of the state division of housing and community renewal
shall apportion the owner's liability between or among two or more
tenants found to have been overcharged by such owner during their
particular tenancy of a unit.
(b) (i) Except as provided under clauses (ii) and (iii) of this
subparagraph, a complaint under this subdivision [shall] MAY be filed
with the state division of housing and community renewal [within four
years of the first overcharge alleged and no determination of an over-
charge and no award or calculation of an award of the amount of an over-
charge may be based upon an overcharge having occurred more than four
years before the complaint is filed. This paragraph shall preclude exam-
ination of the rental history of the housing accommodation prior to the
four-year period preceding the filing of a complaint pursuant to this
subdivision] IN A COURT OF COMPETENT JURISDICTION AT ANY TIME, HOWEVER
ANY RECOVERY OF OVERCHARGE PENALTIES SHALL BE LIMITED TO THE SIX YEARS
PRECEDING THE COMPLAINT.
(ii) [No] A penalty of three times the overcharge [may be based upon
an overcharge having occurred more than two years before the complaint
S. 4169--A 3
is filed or upon an overcharge which occurred prior to April first,
nineteen hundred eighty-four]SHALL BE ASSESSED UPON ALL OVERCHARGES
WILLFULLY COLLECTED BY THE OWNER STARTING SIX YEARS BEFORE THE COMPLAINT
IS FILED.
(iii) Any complaint based upon overcharges occurring prior to the date
of filing of the initial rent registration as provided in subdivision b
of section twelve-a of this act shall be filed within ninety days of the
mailing of notice to the tenant of such registration.
(c) Any affected tenant shall be notified of and given an opportunity
to join in any complaint filed by an officer or employee of the state
division of housing and community renewal.
(d) An owner found to have overcharged shall, in all cases, be
assessed the reasonable costs and attorney's fees of the proceeding, and
interest from the date of the overcharge at the rate of interest payable
on a judgment pursuant to section five thousand four of the civil prac-
tice law and rules.
(e) The order of the state division of housing and community renewal
awarding penalties may, upon the expiration of the period in which the
owner may institute a proceeding pursuant to article seventy-eight of
the civil practice law and rules, be filed and enforced by a tenant in
the same manner as a judgment or, in the alternative, not in excess of
twenty percent thereof per month may be offset against any rent there-
after due the owner.
(f) Unless a tenant shall have filed a complaint of overcharge with
the division which complaint has not been withdrawn, nothing contained
in this section shall be deemed to prevent a tenant or tenants, claiming
to have been overcharged, from commencing an action or interposing a
counterclaim in a court of competent jurisdiction for damages equal to
the overcharge and the penalty provided for in this section, including
interest from the date of the overcharge at the rate of interest payable
on a judgment pursuant to section five thousand four of the civil prac-
tice law and rules, plus the statutory costs and allowable disbursements
in connection with the proceeding. [Such action must be commenced or
counterclaim interposed within four years of the date of the alleged
overcharge but no recovery of three times the amount of the overcharge
may be awarded with respect to any overcharge which had occurred more
than two years before the action is commenced or counterclaim is inter-
posed.] THE COURTS AND THE DIVISION SHALL HAVE CONCURRENT JURISDICTION,
SUBJECT TO THE TENANT'S CHOICE OF FORUM.
§ 2. Paragraph 8 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, as amended by chapter 403 of
the laws of 1983, is amended and a new paragraph 9 is added to read as
follows:
(8) [Any] EXCEPT WHERE A SPECIFIC PROVISION OF THIS LAW REQUIRES THE
MAINTENANCE OF RENT RECORDS FOR A LONGER PERIOD, INCLUDING RECORDS OF
THE USEFUL LIFE OF IMPROVEMENTS MADE TO ANY HOUSING ACCOMMODATION OR ANY
BUILDING, ANY owner who has duly registered a housing accommodation
pursuant to section twelve-a of this act shall not be required to main-
tain or produce any records relating to rentals of such accommodation
more than four years prior to the most recent registration or annual
statement for such accommodation. HOWEVER, AN OWNER'S ELECTION NOT TO
MAINTAIN RECORDS SHALL NOT LIMIT THE AUTHORITY OF THE DIVISION OF HOUS-
ING AND COMMUNITY RENEWAL AND THE COURTS TO EXAMINE THE RENTAL HISTORY
AND DETERMINE LEGAL REGULATED RENTS PURSUANT TO THIS SUBDIVISION.
S. 4169--A 4
(9) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL AND THE COURTS, IN
INVESTIGATING COMPLAINTS OF OVERCHARGE AND IN DETERMINING LEGAL REGU-
LATED RENTS, SHALL CONSIDER ALL AVAILABLE RENT HISTORY WHICH IS REASON-
ABLY NECESSARY TO MAKE SUCH DETERMINATIONS, INCLUDING BUT NOT LIMITED TO
(A) ANY RENT REGISTRATION OR OTHER RECORDS FILED WITH THE STATE DIVISION
OF HOUSING AND COMMUNITY RENEWAL, OR ANY OTHER STATE, MUNICIPAL OR
FEDERAL AGENCY, REGARDLESS OF THE DATE TO WHICH THE INFORMATION ON SUCH
REGISTRATION REFERS; (B) ANY ORDER ISSUED BY ANY STATE, MUNICIPAL OR
FEDERAL AGENCY; (C) ANY RECORDS MAINTAINED BY THE OWNER OR TENANTS; AND
(D) ANY PUBLIC RECORD KEPT IN THE REGULAR COURSE OF BUSINESS BY ANY
STATE, MUNICIPAL OR FEDERAL AGENCY. NOTHING CONTAINED IN THIS PARAGRAPH
SHALL LIMIT THE EXAMINATION OF RENT HISTORY RELEVANT TO A DETERMINATION
AS TO:
(I) WHETHER THE LEGALITY OF A RENTAL AMOUNT CHARGED OR REGISTERED IS
RELIABLE IN LIGHT OF ALL AVAILABLE EVIDENCE INCLUDING, BUT NOT LIMITED
TO, WHETHER AN UNEXPLAINED INCREASE IN THE REGISTERED OR LEASE RENTS, OR
A FRAUDULENT SCHEME TO DESTABILIZE THE HOUSING ACCOMMODATION, RENDERED
SUCH RENT OR REGISTRATION UNRELIABLE;
(II) WHETHER AN ACCOMMODATION IS SUBJECT TO THE EMERGENCY TENANT
PROTECTION ACT;
(III) WHETHER AN ORDER ISSUED BY THE DIVISION OF HOUSING AND COMMUNITY
RENEWAL OR A COURT OF COMPETENT JURISDICTION, INCLUDING, BUT NOT LIMITED
TO AN ORDER ISSUED PURSUANT TO SECTION 26-514 OF THE ADMINISTRATIVE CODE
OF THE CITY OF NEW YORK, OR ANY REGULATORY AGREEMENT OR OTHER CONTRACT
WITH ANY GOVERNMENTAL AGENCY, AND REMAINING IN EFFECT WITHIN SIX YEARS
OF THE FILING OF A COMPLAINT PURSUANT TO THIS SECTION, AFFECTS OR LIMITS
THE AMOUNT OF RENT THAT MAY BE CHARGED OR COLLECTED;
(IV) WHETHER AN OVERCHARGE WAS OR WAS NOT WILLFUL;
(V) WHETHER A RENT ADJUSTMENT THAT REQUIRES INFORMATION REGARDING THE
LENGTH OF OCCUPANCY BY A PRESENT OR PRIOR TENANT WAS LAWFUL;
(VI) THE EXISTENCE OR TERMS AND CONDITIONS OF A PREFERENTIAL RENT, OR
THE PROPRIETY OF A LEGAL REGISTERED RENT DURING A PERIOD WHEN THE
TENANTS WERE CHARGED A PREFERENTIAL RENT;
(VII) THE LEGALITY OF A RENT CHARGED OR REGISTERED IMMEDIATELY PRIOR
TO THE REGISTRATION OF A PREFERENTIAL RENT; OR
(VIII) THE AMOUNT OF THE LEGAL REGULATED RENT WHERE THE APARTMENT WAS
VACANT OR TEMPORARILY EXEMPT ON THE DATE SIX YEARS PRIOR TO A TENANT'S
COMPLAINT.
§ 3. Subdivision b of section 12 of section 4 of chapter 576 of the
laws of 1974, constituting the emergency tenant protection act of nine-
teen seventy-four, as amended by chapter 403 of the laws of 1983, is
amended to read as follows:
b. Within a city having a population of one million or more, the state
division of housing and community renewal shall have such powers to
enforce this act as shall be provided in the New York city rent stabili-
zation law of nineteen hundred sixty-nine, as amended, or as shall
otherwise be provided by law. UNLESS A TENANT SHALL HAVE FILED A
COMPLAINT OF OVERCHARGE WITH THE DIVISION WHICH COMPLAINT HAS NOT BEEN
WITHDRAWN, NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO PREVENT
A TENANT OR TENANTS, CLAIMING TO HAVE BEEN OVERCHARGED, FROM COMMENCING
AN ACTION OR INTERPOSING A COUNTERCLAIM IN A COURT OF COMPETENT JURIS-
DICTION FOR DAMAGES EQUAL TO THE OVERCHARGE AND THE PENALTY PROVIDED FOR
IN THIS SECTION, INCLUDING INTEREST FROM THE DATE OF THE OVERCHARGE AT
THE RATE OF INTEREST PAYABLE ON A JUDGMENT PURSUANT TO SECTION FIVE
THOUSAND FOUR OF THE CIVIL PRACTICE LAW AND RULES, PLUS THE STATUTORY
COSTS AND ALLOWABLE DISBURSEMENTS IN CONNECTION WITH THE PROCEEDING. THE
S. 4169--A 5
COURTS AND THE DIVISION SHALL HAVE CONCURRENT JURISDICTION, SUBJECT TO
THE TENANT'S CHOICE OF FORUM.
§ 4. 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:
a. Subject to the conditions and limitations of this subdivision, any
owner of housing accommodations who, upon complaint of a tenant, or of
the state division of housing and community renewal, is found by the
state division of housing and community renewal, after a reasonable
opportunity to be heard, to have collected an overcharge above the rent
authorized for a housing accommodation subject to this chapter shall be
liable to the tenant for a penalty equal to three times the amount of
such overcharge. [In no event shall such treble damage penalty be
assessed against an owner based solely on said owner's failure to file a
timely or proper initial or annual rent registration statement.] If the
owner establishes by a preponderance of the evidence that the overcharge
was not willful, the state division of housing and community renewal
shall establish the penalty as the amount of the overcharge plus inter-
est. AFTER A COMPLAINT OF RENT OVERCHARGE HAS BEEN FILED AND SERVED ON
AN OWNER, THE VOLUNTARY ADJUSTMENT OF THE RENT AND/OR THE VOLUNTARY
TENDER OF A REFUND OF RENT OVERCHARGES SHALL NOT BE CONSIDERED BY THE
DIVISION OF HOUSING AND COMMUNITY RENEWAL OR A COURT OF COMPETENT JURIS-
DICTION AS EVIDENCE THAT THE OVERCHARGE WAS NOT WILLFUL. (i) Except as
to complaints filed pursuant to clause (ii) of this paragraph, the legal
regulated rent for purposes of determining an overcharge, shall be the
rent indicated in the MOST RECENT RELIABLE annual registration statement
filed [four] AND SERVED UPON THE TENANT SIX OR MORE 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.] THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL OR A COURT OF COMPETENT JURISDICTION, IN INVESTI-
GATING COMPLAINTS OF OVERCHARGE AND IN DETERMINING LEGAL REGULATED RENT,
SHALL CONSIDER ALL AVAILABLE RENT HISTORY WHICH IS REASONABLY NECESSARY
TO MAKE SUCH DETERMINATIONS. (ii) As to complaints filed within ninety
days of the initial registration of a housing accommodation, the legal
regulated rent shall be deemed to be the rent charged on the date [four]
SIX years prior to the date of the initial registration of the housing
accommodation (or, if the housing accommodation was subject to this
chapter for less than [four] SIX years, the initial legal regulated
rent) plus in each case, any lawful increases and adjustments. Where the
rent charged on the date [four] SIX years prior to the date of the
initial registration of the accommodation cannot be established, such
rent shall be established by the division.
Where the PRIOR rent charged [on the date four years prior to the date
of initial registration of] FOR the housing accommodation cannot be
established, such rent shall be established by the division provided
that where a rent is established based on rentals determined under the
provisions of the local emergency housing rent control act such rent
must be adjusted to account for no less than the minimum increases which
would be permitted if the housing accommodation were covered under the
provisions of this chapter, LESS ANY APPROPRIATE PENALTIES. [Where the
amount of rent set forth in the annual rent registration statement filed
S. 4169--A 6
four years prior to the most recent registration statement is not chal-
lenged within four years of its filing, neither such rent nor service of
any registration shall be subject to challenge at any time thereafter.]
(1) The order of the state division of housing and community renewal
shall apportion the owner's liability between or among two or more
tenants found to have been overcharged by such owner during their
particular tenancy of a unit.
(2) Except as provided under clauses (i) and (ii) of this paragraph, a
complaint under this subdivision [shall] MAY be filed with the state
division of housing and community renewal [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 an overcharge may be
based upon an overcharge having occurred more than four years before the
complaint is filed] IN A COURT OF COMPETENT JURISDICTION AT ANY TIME,
HOWEVER ANY RECOVERY OF OVERCHARGE PENALTIES SHALL BE LIMITED TO THE SIX
YEARS PRECEDING THE COMPLAINT . (i) [No] A penalty of three times the
overcharge [may be based upon an overcharge having occurred more than
two years] SHALL BE ASSESSED UPON ALL OVERCHARGES WILLFULLY COLLECTED BY
THE OWNER STARTING SIX YEARS before the complaint is filed [or upon an
overcharge which occurred prior to April first, nineteen hundred eight-
y-four. (ii) Any complaint based upon overcharges occurring prior to the
date of filing of the initial rent registration as provided in section
26-517 of this chapter shall be filed within ninety days of the mailing
of notice to the tenant of such registration. This paragraph shall
preclude examination of the rental history of the housing accommodation
prior to the four-year period preceding the filing of a complaint pursu-
ant to this subdivision].
(3) Any affected tenant shall be notified of and given an opportunity
to join in any complaint filed by an officer or employee of the state
division of housing and community renewal.
(4) An owner found to have overcharged may be assessed the reasonable
costs and attorney's fees of the proceeding and interest from the date
of the overcharge at the rate of interest payable on a judgment pursuant
to section five thousand four of the civil practice law and rules.
(5) The order of the state division of housing and community renewal
awarding penalties may, upon the expiration of the period in which the
owner may institute a proceeding pursuant to article seventy-eight of
the civil practice law and rules, be filed and enforced by a tenant in
the same manner as a judgment or not in excess of twenty percent thereof
per month may be offset against any rent thereafter due the owner.
§ 5. Subdivision g of section 26-516 of the administrative code of the
city of New York is amended, subdivision h is relettered subdivision i
and a new subdivision h is added to read as follows:
g. [Any] EXCEPT WHERE A SPECIFIC PROVISION OF THIS LAW REQUIRES THE
MAINTENANCE OF RENT RECORDS FOR A LONGER PERIOD, INCLUDING RECORDS OF
THE USEFUL LIFE OF IMPROVEMENTS MADE TO ANY HOUSING ACCOMMODATION OR ANY
BUILDING, ANY owner who has duly registered a housing accommodation
pursuant to section 26-517 of this chapter shall not be required to
maintain or produce any records relating to rentals of such accommo-
dation for more than [four] SIX years prior to the most recent registra-
tion or annual statement for such accommodation. HOWEVER, AN OWNER'S
ELECTION NOT TO MAINTAIN RECORDS SHALL NOT LIMIT THE AUTHORITY OF THE
DIVISION OF HOUSING AND COMMUNITY RENEWAL AND THE COURTS TO EXAMINE THE
RENTAL HISTORY AND DETERMINE LEGAL REGULATED RENTS PURSUANT TO THIS
SECTION.
S. 4169--A 7
H. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, AND THE COURTS, IN
INVESTIGATING COMPLAINTS OF OVERCHARGE AND IN DETERMINING LEGAL REGU-
LATED RENTS, SHALL CONSIDER ALL AVAILABLE RENT HISTORY WHICH IS REASON-
ABLY NECESSARY TO MAKE SUCH DETERMINATIONS, INCLUDING BUT NOT LIMITED TO
(I) ANY RENT REGISTRATION OR OTHER RECORDS FILED WITH THE STATE DIVISION
OF HOUSING AND COMMUNITY RENEWAL, OR ANY OTHER STATE, MUNICIPAL OR
FEDERAL AGENCY, REGARDLESS OF THE DATE TO WHICH THE INFORMATION ON SUCH
REGISTRATION REFERS; (II) ANY ORDER ISSUED BY ANY STATE, MUNICIPAL OR
FEDERAL AGENCY; (III) ANY RECORDS MAINTAINED BY THE OWNER OR TENANTS;
AND (IV) ANY PUBLIC RECORD KEPT IN THE REGULAR COURSE OF BUSINESS BY ANY
STATE, MUNICIPAL OR FEDERAL AGENCY. NOTHING CONTAINED IN THIS SUBDIVI-
SION SHALL LIMIT THE EXAMINATION OF RENT HISTORY RELEVANT TO A DETERMI-
NATION AS TO:
(I) WHETHER THE LEGALITY OF A RENTAL AMOUNT CHARGED OR REGISTERED IS
RELIABLE IN LIGHT OF ALL AVAILABLE EVIDENCE INCLUDING BUT NOT LIMITED TO
WHETHER AN UNEXPLAINED INCREASE IN THE REGISTERED OR LEASE RENTS, OR A
FRAUDULENT SCHEME TO DESTABILIZE THE HOUSING ACCOMMODATION, RENDERED
SUCH RENT OR REGISTRATION UNRELIABLE;
(II) WHETHER AN ACCOMMODATION IS SUBJECT TO THE EMERGENCY TENANT
PROTECTION ACT OR THE RENT STABILIZATION LAW;
(III) WHETHER AN ORDER ISSUED BY THE DIVISION OF HOUSING AND COMMUNITY
RENEWAL OR BY A COURT, INCLUDING, BUT NOT LIMITED TO AN ORDER ISSUED
PURSUANT TO SECTION 26-514 OF THIS CHAPTER, OR ANY REGULATORY AGREEMENT
OR OTHER CONTRACT WITH ANY GOVERNMENTAL AGENCY, AND REMAINING IN EFFECT
WITHIN SIX YEARS OF THE FILING OF A COMPLAINT PURSUANT TO THIS SECTION,
AFFECTS OR LIMITS THE AMOUNT OF RENT THAT MAY BE CHARGED OR COLLECTED;
(IV) WHETHER AN OVERCHARGE WAS OR WAS NOT WILLFUL;
(V) WHETHER A RENT ADJUSTMENT THAT REQUIRES INFORMATION REGARDING THE
LENGTH OF OCCUPANCY BY A PRESENT OR PRIOR TENANT WAS LAWFUL;
(VI) THE EXISTENCE OR TERMS AND CONDITIONS OF A PREFERENTIAL RENT, OR
THE PROPRIETY OF A LEGAL REGISTERED RENT DURING A PERIOD WHEN THE
TENANTS WERE CHARGED A PREFERENTIAL RENT;
(VII) THE LEGALITY OF A RENT CHARGED OR REGISTERED IMMEDIATELY PRIOR
TO THE REGISTRATION OF A PREFERENTIAL RENT; OR
(VIII) THE AMOUNT OF THE LEGAL REGULATED RENT WHERE THE APARTMENT WAS
VACANT OR TEMPORARILY EXEMPT ON THE DATE SIX YEARS PRIOR TO A TENANT'S
COMPLAINT.
§ 6. 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]
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 preced-
ing the commencement of the action.] NO OVERCHARGE PENALTIES OR DAMAGES
MAY BE AWARDED FOR A PERIOD MORE THAN SIX YEARS BEFORE THE ACTION IS
COMMENCED OR COMPLAINT IS FILED, HOWEVER, AN OVERCHARGE CLAIM MAY BE
FILED AT ANY TIME, AND THE CALCULATION AND DETERMINATION OF THE LEGAL
RENT AND THE AMOUNT OF THE OVERCHARGE SHALL BE MADE IN ACCORDANCE WITH
THE PROVISIONS OF LAW GOVERNING THE DETERMINATION AND CALCULATION OF
OVERCHARGES.
§ 7. This act shall take effect immediately and shall apply to any
claims pending or filed on and after such date; provided that:
S. 4169--A 8
a. the amendments to section 12 of the emergency tenant protection act
of nineteen seventy-four made by sections one, two and three 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 567 of
the laws of 1974; and
b. the amendments to section 26-516 of chapter 4 of title 26 of the
administrative code of the city of New York made by sections four and
five 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.
