S T A T E O F N E W Y O R K
________________________________________________________________________
2129
2023-2024 Regular Sessions
I N A S S E M B L Y
January 23, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Housing
AN ACT to amend chapter 576 of the laws of 1974, constituting the emer-
gency tenant protection act of nineteen seventy-four, in relation to
providing for the determination of legal regulated base date rent for
certain purposes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of 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 section 1 of part F chapter 36 of the laws of 2019, is amended to
read as follows:
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 opportu-
nity to be heard, to have collected an overcharge above the rent author-
ized 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 over-
charge. If the owner establishes by a preponderance of the evidence
that the overcharge was neither willful nor attributable to his negli-
gence, the state division of housing and community renewal shall estab-
lish 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 practice law and rules. After a complaint of rent
overcharge has been filed and served on an owner, the voluntary adjust-
ment of the rent and/or the voluntary tender of a refund of rent over-
charges shall not be considered by the division of housing and community
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05848-01-3
A. 2129 2
renewal or a court of competent jurisdiction as evidence that the over-
charge 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 stabi-
lized tenant filed 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. 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 determinations. IF THERE IS AN OVERCHARGE, THE LEGAL REGULATED
BASE DATE RENT AT THE FOUR-YEAR LOOKBACK SHALL BE DETERMINED BY EITHER
THE SURVEY SAMPLING METHOD OR THE DEFAULT METHOD IF THERE IS FRAUD. (ii)
As to complaints filed within ninety days of the initial registration of
a housing accommodation, the legal regulated rent for purposes of deter-
mining an overcharge shall be deemed to be the rent charged on the date
six years prior to the date of the initial registration of the housing
accommodation (or, if the housing accommodation was subject to this act
for less than six years, the initial legal regulated rent) plus in each
case, any lawful increases and adjustments. Where the rent charged on
the date six years prior to the date of the initial registration of the
accommodation cannot be established, such rent shall be established by
the division.
§ 2. This act shall take effect immediately.