New York State Assembly

 
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A09816 Summary:

A09816 Actions:

A09816 Committee Votes:

Committee:HOUSING   Chair:Cymbrowitz      
DATE:04/24/2018AYE/NAY:16/8  Action: Favorable refer to committee Codes        
Cymbrowitz
Aye
Fitzpatrick
Nay
Cook
Aye
Raia
Nay
Rosenthal
Aye
Johns
Nay
Rodriguez
Aye
Walter
Nay
Sepulveda
Excused
Castorina
Nay
Mosley
Aye
Finch
Nay
Kim
Aye
Morinello
Nay
Pichardo
Aye
Brabenec
Nay
Walker
Aye
Joyner
Excused
Blake
Aye
Dilan
Aye
Bichotte
Aye
Davila
Aye
Barron
Aye
De La Rosa
Aye
Niou
Aye
Taylor
Aye

Committee:CODES   Chair:Lentol      
DATE:05/01/2018AYE/NAY:15/6  Action: Favorable         
Lentol
Aye
Curran
Nay
Schimminger
Aye
Giglio
Nay
Pretlow
Aye
Montesano
Nay
Cook
Aye
Morinello
Nay
Cymbrowitz
Aye
Palumbo
Nay
Titus
Excused
Garbarino
Nay
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye

A09816 Floor Votes:

A09816 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9816
 
                   IN ASSEMBLY
 
                                    February 12, 2018
                                       ___________
 
        Introduced  by  M. of A. TAYLOR, CYMBROWITZ -- read once and referred to
          the Committee on Housing
 
        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 rent overcharges
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The opening paragraph of subdivision a of section 26-516 of
     2  the  administrative  code of the city of New York is amended by adding a
     3  new clause (iii) to read as follows:
     4    (iii) Notwithstanding the provisions of clause (i) of this  paragraph,
     5  for  any year in which an owner or a landlord who is required to file an
     6  annual rent registration statement, has failed to timely file such annu-
     7  al rent registration statement, the division or  a  court  of  competent
     8  jurisdiction  shall  consider  such  year  or years when determining the
     9  current legal regulated rent.
    10    § 2. Section 26-512 of the administrative code of the city of New York
    11  is amended by adding a new subdivision (g) to read as follows:
    12    (g) Upon the offering of a lease to a prospective tenant, an owner  or
    13  a  landlord shall be required to provide such tenant with the documenta-
    14  tion used by such owner or landlord to support any  allowable  increases
    15  in the legal regulated rent during the previous four years.
    16    §  3. Paragraph 1 of subdivision a of section 12 of section 4 of chap-
    17  ter 576 of the laws of 1974 constituting the emergency tenant protection
    18  act of nineteen seventy-four is amended by adding a new clause (iii)  to
    19  read as follows:
    20    (iii)  Notwithstanding the provisions of clause (i) of this paragraph,
    21  for any year in which an owner or a landlord who is required to file  an
    22  annual rent registration statement, has failed to timely file such annu-
    23  al  rent  registration  statement,  the division or a court of competent
    24  jurisdiction shall consider such year  or  years  when  determining  the
    25  current legal regulated rent.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06546-01-7
        A. 9816                             2
 
     1    § 4. Section 6 of section 4 of chapter 576 of the laws of 1974 consti-
     2  tuting  the  emergency tenant protection act of nineteen seventy-four is
     3  amended by adding a new subdivision h to read as follows:
     4    h. Upon the offering of a lease to a prospective tenant, an owner or a
     5  landlord shall be required to provide such tenant with the documentation
     6  used by such owner or landlord to support any allowable increases in the
     7  legal regulated rent during the previous four years.
     8    §  5. Section 213-a of the civil practice law and rules, as amended by
     9  chapter 116 of the laws of 1997, is amended to read as follows:
    10    § 213-a. Actions to be commenced within four years;  residential  rent
    11  overcharge.  An  action  on  a  residential  rent  overcharge  shall  be
    12  commenced within four years of  the  first  overcharge  alleged  and  no
    13  determination  of  an overcharge and no award or calculation of an award
    14  of the amount of any overcharge may be based upon an  overcharge  having
    15  occurred  more  than  four  years  before  the action is commenced. This
    16  section shall preclude examination of the rental history of the  housing
    17  accommodation  prior  to  the four-year period immediately preceding the
    18  commencement of the action; provided however, for any year in  which  an
    19  owner  or a landlord who is required to file an annual rent registration
    20  statement, has failed to  timely  file  such  annual  rent  registration
    21  statement, a court of competent jurisdiction shall consider such year or
    22  years when determining the current legal regulated rent.
    23    §  6.  This  act shall take effect immediately, and shall apply to any
    24  action or proceeding pending in any court or any application,  complaint
    25  or  proceeding  before an administrative agency on the effective date of
    26  this act, as well as any  action  or  proceeding  commenced  thereafter;
    27  provided, however, that:
    28    (a)  the amendments to subdivision a of section 26-516 of the adminis-
    29  trative code of the city of New York made by section  one  of  this  act
    30  shall  expire  on the same date as such law expires and shall not affect
    31  the expiration of such section as provided under section 26-520 of  such
    32  code; and
    33    (b)  the amendments to the emergency tenant protection act of nineteen
    34  seventy-four made by sections three and four of this act shall expire on
    35  the same date as such act expires and shall not affect the expiration of
    36  such act as provided in section 17 of chapter 576 of the laws of 1974.