Amd §§26-512 & 26-516, NYC Ad Cd; amd §§6 & 12, Emerg Ten Prot Act of 1974; amd §213-a, CPLR
Tolls the four year statute of limitations look back period on rent overcharges where the owner of a housing accommodation acts in a wrongful or fraudulent manner.
STATE OF NEW YORK
________________________________________________________________________
4313
2025-2026 Regular Sessions
IN SENATE
February 4, 2025
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
Community Development
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 h to read as follows:
12 h. Upon the offering of a lease to a prospective tenant, an owner or a
13 landlord shall be required to provide such tenant with the documentation
14 used by such owner or landlord to support any allowable increases in the
15 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05496-01-5
S. 4313 2
1 jurisdiction shall consider such year or years when determining the
2 current legal regulated rent.
3 § 4. Section 6 of section 4 of chapter 576 of the laws of 1974 consti-
4 tuting the emergency tenant protection act of nineteen seventy-four is
5 amended by adding a new subdivision h to read as follows:
6 h. Upon the offering of a lease to a prospective tenant, an owner or a
7 landlord shall be required to provide such tenant with the documentation
8 used by such owner or landlord to support any allowable increases in the
9 legal regulated rent during the previous four years.
10 § 5. Section 213-a of the civil practice law and rules, as amended by
11 section 6 of part F of chapter 36 of the laws of 2019, is amended to
12 read as follows:
13 § 213-a. Residential rent overcharge. No overcharge penalties or
14 damages may be awarded for a period more than six years before the
15 action is commenced or complaint is filed, however, an overcharge claim
16 may be filed at any time, and the calculation and determination of the
17 legal rent and the amount of the overcharge shall be made in accordance
18 with the provisions of law governing the determination and calculation
19 of overcharges. A court of competent jurisdiction shall consider any
20 year in which an owner or a landlord who is required to file an annual
21 rent registration statement, has failed to timely file such annu-
22 al rent registration statement when determining the current legal regu-
23 lated rent.
24 § 6. This act shall take effect immediately, and shall apply to any
25 action or proceeding pending in any court or any application, complaint
26 or proceeding before an administrative agency on the effective date of
27 this act, as well as any action or proceeding commenced thereafter;
28 provided, however, that:
29 (a) the amendments to subdivision a of section 26-516 of the adminis-
30 trative code of the city of New York made by section one of this act
31 shall expire on the same date as such law expires and shall not affect
32 the expiration of such section as provided under section 26-520 of such
33 code; and
34 (b) the amendments to section 26-512 of the administrative code of the
35 city of New York made by section two of this act shall expire on the
36 same date as such law expires and shall not affect the expiration of
37 such section as provided under section 26-520 of such code.
