NY State Senate Bill S692

Archive: Last Bill Status - In Senate Committee Rules Committee

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

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Actions

view actions (8)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
May 05, 2022	advanced to third reading
May 04, 2022	2nd report cal.
May 03, 2022	1st report cal.994
Apr 26, 2022	reported and committed to finance
Jan 05, 2022	referred to housing, construction and community development
May 18, 2021	reported and committed to finance
Jan 06, 2021	referred to housing, construction and community development

Votes

view votes

May 3, 2022 - Finance committee Vote

S692

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Apr 26, 2022 - Housing, Construction and Community Development committee Vote

S692

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 18, 2021 - Housing, Construction and Community Development committee Vote

S692

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

S692 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: New York City
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4884
2015-2016: S498
2017-2018: S94
2019-2020: S15
2023-2024: S3233

S692 (ACTIVE) - Summary

Requires the division of housing and community renewal to calculate the period of rent reduction due to diminution of services from the date of actual diminution of the services.

S692 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S692

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act in relation to requiring the division of housing and community
renewal to calculate the period of rent reduction due to diminution of
services from the date of actual diminution of the services

 
SUMMARY OF PROVISIONS:

Section One of the legislation states that notwithstanding any law,
rule, or regulation to the contrary, any rent reduction attributable to
diminution of services shall be calculated by the division of housing
and community renewal to be effective upon the date that the diminution
of service commenced, regardless of when that diminution of services was
reported to the division or the date upon which the diminution of
services was addressed by the division. Such rent reduction shall be
applicable to the entire period in which it is found the services were
not maintained in full.

JUSTIFICATION:

This bill directs the Division of Housing and Community Renewal (DHCR)
that any rent reduction for diminution of services should be effective
for the entire period for which it is found that the services have not
been maintained.

Current DHCR policy with respect to rent reductions for regulated
tenants who have experienced a diminution of services in their apartment
or building is incompatible with the Rent Stabilization Code (RSC), and
runs the risk of denying tenants compensation to which they are other-
wise entitled.

The DHCR's "Fact Sheet 14: Rent Reductions for Decreased Services" says
that rent regulated tenants who experience a decrease in service in an
individual apartment or building-wide must first contact the owner about
the complaint in writing. If that does not resolve the problem, the
tenant may file a complaint with the DHCR. If the evidence indicates
that the owner failed to maintain required services, the DHCR can issue
a written order that directs the owner to restore services and reduces
the rent for the apartment.

It is DHCR's practice, and Fact Sheet 14 states, that "The effective
date for rent stabilized tenants is retroactive back to the first day of
the month following DHCR's service of the complaint on the owner.  For
rent controlled tenants, the effective date is the first day of the
month after the order is issued." However, if tenants are denied their
contractually obligated services, their remedy should not be limited to
the period after DHCR has had time to serve notice on the owner.

In fact, Section 2523.4(a) (1) of the RSC provides that "the DHCR shall
so reduce the rent for the period for which it is found that the owner
has failed to maintain required services," This bill would bring DHCR
practice into compliance with the RSC.

 
LEGISLATIVE HISTORY:

S.0015 of 2019-2020 (Hoylman): Died in Housing
A.8164 of 2019-2020 (Rozic): Died in Cities
S.0094 of 2017-2018 (Hoylman): Died in Cities
S.0498 of 2015-2016 (Hoylman): Died in Cities
S.4884-A of 2013-2014 (Hoylman): Died in Cities

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all pending
and future proceedings.

S692 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    692
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities
 
 AN ACT in relation to requiring the division of  housing  and  community
   renewal to calculate the period of rent reduction due to diminution of
   services from the date of actual diminution of the services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any law, rule or regulation to the  contra-
 ry,  any  rent reduction attributable to diminution of services shall be
 calculated by the division of housing and community renewal to be effec-
 tive upon the date that the diminution of service commenced,  regardless
 of  when the diminution of services was reported to the division or that
 date upon which the diminution of services was addressed  by  the  divi-
 sion.  Such  rent  reduction shall be applicable to the entire period of
 time the services were not maintained in full.
   § 2. This act shall take effect immediately and  shall  apply  to  all
 pending and future proceedings.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03396-01-1

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The New York State Senate

senate Bill S692

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

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Votes

May 3, 2022 - Finance committee Vote

Finance Committee Vote: May 3, 2022

Apr 26, 2022 - Housing, Construction and Community Development committee Vote

Housing, Construction and Community Development Committee Vote: Apr 26, 2022

May 18, 2021 - Housing, Construction and Community Development committee Vote

Housing, Construction and Community Development Committee Vote: May 18, 2021

S692 (ACTIVE) - Details

S692 (ACTIVE) - Summary

S692 (ACTIVE) - Sponsor Memo

S692 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S692

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

Votes

May 3, 2022 - Finance committee Vote

Finance Committee Vote: May 3, 2022

Apr 26, 2022 - Housing, Construction and Community Development committee Vote

Housing, Construction and Community Development Committee Vote: Apr 26, 2022

May 18, 2021 - Housing, Construction and Community Development committee Vote

Housing, Construction and Community Development Committee Vote: May 18, 2021

S692 (ACTIVE) - Details

S692 (ACTIVE) - Summary

S692 (ACTIVE) - Sponsor Memo

S692 (ACTIVE) - Bill Text download pdf

Comments