Amd §7, Emerg Ten Prot Act of 1974; amd §§26-514 & 26-405, NYC Ad Cd; amd §4, Emerg Hous Rent Cont L
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6839B
SPONSOR: Bichotte Hermelyn TITLE OF BILL:
An act to amend the emergency tenant protection act of nineteen seven-
ty-four, the administrative code of the city of New York and the emer-
gency housing rent control law, 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 diminu-
tion of the services
SUMMARY OF SPECIFIC PROVISIONS:
Sections one through four of the bill all amend parallel provisions of
the state's various laws regulating rent to require when the Division of
Housing and Community Renewal is calculating a rent reduction due to
diminution of services, it shall be calculated from the date the diminu-
tion of services commenced and apply to the entire period of time
services were not maintained in full.
Section one amends subdivision a of section 7 of section 4 of chapter
576 of the laws of 1974, constituting the emergency tenant protection
act of nineteen seventy-four for that purpose.
Section two amends section 26-514 of the administrative code of the city
of New York for that purpose.
Section three amends paragraph 2 of subdivision h of section 26-405 of
the administrative code of the city of New York for that purpose.
Section four amends paragraph b of subdivision 5 of section 4 of chapter
274 of the laws of 1946, constituting the emergency housing rent control
law for that purpose.
Section five sets forth the effective date.
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," Thls bill would bring DHCR
practice into compliance with the RSC.
LEGISLATIVE HISTORY:
05/21/2024 referred to housing
S.0692 of 2021-2022 (Hoylman): Died in Rules S.0015 of 2019-2020 (Hoyl-
man): 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:
Immediately.
