A06565 Summary:

COSPNSRDenDekker, Arroyo, Colton, D'Urso, Rosenthal D, Ortiz, Gottfried, Rivera, Blake, Hyndman, Glick, Reyes, Jaffee, Cook, Williams, Frontus, Fall, Fernandez, Niou
MLTSPNSRBraunstein, De La Rosa, Epstein, Hevesi, Simon
Add 402-e, Pub Hous L; amd 235-b, RP L
Relates to the temporary reduction of rent for failure to maintain services; authorizes tenants to apply for a temporary reduction in rent where the New York city housing authority has failed to maintain certain services.
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A06565 Actions:

03/12/2019referred to housing
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A06565 Committee Votes:

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A06565 Floor Votes:

There are no votes for this bill in this legislative session.
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A06565 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     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
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The public housing law is amended by adding a  new  section
     2  402-e to read as follows:
     3    §  402-e. Temporary reduction of rent. In addition to any other remedy
     4  afforded by law, any tenant or representative on behalf of a building or
     5  development may apply to the state division  of  housing  and  community
     6  renewal for a temporary reduction in the rent paid by the tenant and for
     7  an  order  requiring  services to be maintained as provided in paragraph
     8  (d) of subdivision three of section two  hundred  thirty-five-b  of  the
     9  real property law, or any applicable local law, ordinance or regulation,
    10  and  the  commissioner  shall so reduce the rent if it is found that the
    11  New York city housing authority has failed to  maintain  such  services.
    12  The  restoration of such services shall result in the prospective elimi-
    13  nation of such sanctions. The authority shall be supplied with a copy of
    14  the application and shall be permitted to  file  an  answer  thereto.  A
    15  hearing may be held upon the request of either party, or the commission-
    16  er  may  hold a hearing upon his or her own motion. The commissioner may
    17  consolidate the proceedings for petitions applicable to the same  build-
    18  ing or group of buildings or development. In determining the implementa-
    19  tion  of the reduction of rent, the commissioner shall take into consid-
    20  eration the impact on the essential operations of the authority. If  the
    21  commissioner  finds  that  the  authority  has  knowingly  filed a false
    22  certification, he or she shall, in addition to abating the rent,  assess
    23  the  authority  with  the  reasonable costs of the proceeding, including
    24  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.

        A. 6565                             2
     1  hundred  fifty  dollars  for each false certification. The amount of the
     2  reduction in rent ordered by the state division of housing and community
     3  renewal under this section shall be reduced by any credit, abatement  or
     4  offset  in  rent  which  the tenant has received pursuant to section two
     5  hundred thirty-five-b of the real property law, that relates to  one  or
     6  more conditions covered by such order.
     7    §  2.  Subdivision  3  of  section  235-b  of the real property law is
     8  amended by adding a new paragraph (d) to read as follows:
     9    (d) where the premises is owned or operated by the New York city hous-
    10  ing authority as constituted by section four hundred one of  the  public
    11  housing  law, reduce the amount awarded hereunder by the total amount of
    12  any rent reduction ordered by the state division of housing and communi-
    13  ty renewal pursuant to section four hundred two-e of the public  housing
    14  law,  awarded  to  the  tenant,  from  the  effective  date of such rent
    15  reduction order, that relates to one or more matters for which relief is
    16  awarded hereunder.
    17    § 3. This act shall take effect on the ninetieth day  after  it  shall
    18  have become a law.
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