S09175 Summary:

BILL NOS09175
 
SAME ASNo Same As
 
SPONSORBENJAMIN
 
COSPNSR
 
MLTSPNSR
 
Amd 26-516, 26-405 & 26-504.2, add 26-504.4, NYC Ad Cd; amd 12, add 5-b, Emerg Ten Prot Act of 1974; amd 5 & 11, Emerg Hous Rent Cont L; amd 213-a, CPLR
 
Relates to the statute of limitations on rent overcharges; increases from four years to six years; requires records to be kept for six years; requires units to be re-regulated where they have been deregulated due to overcharges.
Go to top    

S09175 Actions:

BILL NOS09175
 
10/10/2018REFERRED TO RULES
Go to top

S09175 Committee Votes:

Go to top

S09175 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S09175 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9175
 
                    IN SENATE
 
                                    October 10, 2018
                                       ___________
 
        Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the administrative code of the city  of  New  York,  the
          emergency tenant protection act of nineteen seventy-four, the emergen-
          cy  housing  rent control law and the civil practice law and rules, in
          relation to the statute of limitations on rent overcharges  for  regu-
          lated  units; in relation to requiring owners to keep rent records for
          six years; and in relation to deregulated units as a result  of  over-
          charges
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions a and g of section 26-516 of  the  administra-
     2  tive  code  of the city of New York, subdivision a as amended by chapter
     3  116 of the laws of 1997, are amended to read as follows:
     4    a. Subject to the conditions and limitations of this subdivision,  any
     5  owner  of  housing accommodations who, upon complaint of a tenant, or of
     6  the state division of housing and community renewal,  is  found  by  the
     7  state  division  of  housing  and  community renewal, after a reasonable
     8  opportunity to be heard, to have collected an overcharge above the  rent
     9  authorized  for a housing accommodation subject to this chapter shall be
    10  liable to the tenant for a penalty equal to three times  the  amount  of
    11  such  overcharge.  [In  no  event  shall such] Except as provided for in
    12  section 26-504.4 of this  chapter,  treble  damage  [penalty]  penalties
    13  shall  not  be  assessed  against  an owner based solely on said owner's
    14  failure to file a timely or proper initial or annual  rent  registration
    15  statement.  If  the owner establishes by a preponderance of the evidence
    16  that the overcharge was not willful, the state division of  housing  and
    17  community renewal shall establish the penalty as the amount of the over-
    18  charge  plus  interest.  (i)  Except  as to complaints filed pursuant to
    19  clause (ii) of this paragraph, the legal regulated rent for purposes  of
    20  determining  an  overcharge,  shall  be the rent indicated in the annual
    21  registration statement filed [four] six years prior to the  most  recent
    22  registration  statement, (or, if more recently filed, the initial regis-
    23  tration statement) plus in each case any subsequent lawful increases and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16570-02-8

        S. 9175                             2
 
     1  adjustments. Where the amount of rent  set  forth  in  the  annual  rent
     2  registration  statement  filed [four] six years prior to the most recent
     3  registration statement is not challenged within [four] six years of  its
     4  filing,  neither  such  rent  nor  service  of any registration shall be
     5  subject to challenge at any time thereafter.    (ii)  As  to  complaints
     6  filed within ninety days of the initial registration of a housing accom-
     7  modation,  the  legal  regulated  rent  shall  be  deemed to be the rent
     8  charged on the date [four] six years prior to the date  of  the  initial
     9  registration  of  the housing accommodation (or, if the housing accommo-
    10  dation was subject to this chapter for less than [four] six  years,  the
    11  initial  legal  regulated  rent) plus in each case, any lawful increases
    12  and adjustments. Where the rent charged on the  date  [four]  six  years
    13  prior  to  the  date  of  the  initial registration of the accommodation
    14  cannot be established, such rent shall be established by the division.
    15    Where the rent charged on the date [four] six years prior to the  date
    16  of  initial  registration  of the housing accommodation cannot be estab-
    17  lished, such rent shall be established by  the  division  provided  that
    18  where  a  rent  is  established  based  on  rentals determined under the
    19  provisions of the local emergency housing rent  control  act  such  rent
    20  must be adjusted to account for no less than the minimum increases which
    21  would  be  permitted if the housing accommodation were covered under the
    22  provisions of this chapter. Where the amount of rent set  forth  in  the
    23  annual  rent  registration statement filed [four] six years prior to the
    24  most recent registration statement is not challenged within  [four]  six
    25  years  of  its filing, neither such rent nor service of any registration
    26  shall be subject to challenge at any time thereafter.
    27    (1) The order of the state division of housing and  community  renewal
    28  shall  apportion  the  owner's  liability  between  or among two or more
    29  tenants found to have  been  overcharged  by  such  owner  during  their
    30  particular tenancy of a unit.
    31    (2) Except as provided under clauses (i) and (ii) of this paragraph, a
    32  complaint  under this subdivision shall be filed with the state division
    33  of housing and community renewal within [four] six years  of  the  first
    34  overcharge alleged and no determination of an overcharge and no award or
    35  calculation of an award of the amount of an overcharge may be based upon
    36  an  overcharge  having  occurred  more  than [four] six years before the
    37  complaint is filed. (i) No penalty of three times the overcharge may  be
    38  based  upon  an  overcharge  having  occurred  more than [two] six years
    39  before the complaint is filed or upon an overcharge which occurred prior
    40  to April first, nineteen hundred eighty-four. (ii) Any  complaint  based
    41  upon  overcharges  occurring  prior to the date of filing of the initial
    42  rent registration as provided in section 26-517 of this chapter shall be
    43  filed within ninety days of the mailing of notice to the tenant of  such
    44  registration.    This paragraph shall preclude examination of the rental
    45  history of the housing accommodation prior to the  [four-year]  six-year
    46  period preceding the filing of a complaint pursuant to this subdivision.
    47    (3)  Any affected tenant shall be notified of and given an opportunity
    48  to join in any complaint filed by an officer or employee  of  the  state
    49  division of housing and community renewal.
    50    (4)  An owner found to have overcharged may be assessed the reasonable
    51  costs and attorney's fees of the proceeding and interest from  the  date
    52  of the overcharge at the rate of interest payable on a judgment pursuant
    53  to section five thousand four of the civil practice law and rules.
    54    (5)  The  order of the state division of housing and community renewal
    55  awarding penalties may, upon the expiration of the period in  which  the
    56  owner  may  institute  a proceeding pursuant to article seventy-eight of

        S. 9175                             3
 
     1  the civil practice law and rules, be filed and enforced by a  tenant  in
     2  the same manner as a judgment or not in excess of twenty percent thereof
     3  per month may be offset against any rent thereafter due the owner.
     4    g.  Any owner who has duly registered a housing accommodation pursuant
     5  to section 26-517 of this chapter shall not be required to  maintain  or
     6  produce  any  records relating to rentals of such accommodation for more
     7  than [four] six years prior to the most recent  registration  or  annual
     8  statement for such accommodation.
     9    §  2. Subdivision b and subparagraph (g) of paragraph 1 of subdivision
    10  g of section 26-405 of the administrative code of the city of New  York,
    11  subparagraph  (g)  of paragraph 1 of subdivision g as amended by section
    12  31 of part A of chapter 20 of the laws of 2015, are amended to  read  as
    13  follows:
    14    b.  Such  agency,  to  effectuate the purposes of this chapter, and in
    15  accordance with the standards set forth in paragraph two of  subdivision
    16  c  of this section, may set aside and correct any maximum rent resulting
    17  from illegality, irregularity in vital  matters  [or],  fraud,  or  rent
    18  overcharges  regardless of whether there was fraud or illegality, occur-
    19  ring prior to or after May first, nineteen hundred sixty-two.
    20    (g) There has been since July first, nineteen hundred seventy, a major
    21  capital improvement required for the operation, preservation or  mainte-
    22  nance  of  the  structure. An adjustment under this subparagraph (g) for
    23  any order of the commissioner issued after the  effective  date  of  the
    24  rent  act  of 2015 shall be in an amount sufficient to amortize the cost
    25  of the improvements pursuant to this subparagraph (g) over an eight-year
    26  period for buildings with thirty-five or fewer  units  or  a  nine  year
    27  period for buildings with more than [thiry-five] thirty-five units, or
    28    §  3.  Section  26-504.2 of the administrative code of the city of New
    29  York is amended by adding a new subdivision c to read as follows:
    30    c. Notwithstanding section 26-516 of  this  chapter  and  section  two
    31  hundred  thirteen-a  of  the  civil  practice law and rules, the periods
    32  provided for therein for examination of the rental history of the accom-
    33  modation for the determination of an overcharge and whether the accommo-
    34  dation is subject to this law are extended by the  period  during  which
    35  the owner is not in compliance with the requirements of subdivision b of
    36  this section.
    37    §  4.  The  administrative  code of the city of New York is amended by
    38  adding a new section 26-504.4 to read as follows:
    39    § 26-504.4 Deregulation. Notwithstanding any provision of law  to  the
    40  contrary,  where  a  unit is deregulated as a result of overcharges, the
    41  unit shall be  returned  to  rent  stabilization  under  the  applicable
    42  sections  of  law,  within  six months. Where an owner fails to register
    43  such unit as rent stabilized pursuant to section 26-517 of this chapter,
    44  the state division of housing  and  community  renewal  shall  impose  a
    45  penalty  equal  to the amount of such overcharge, plus accrued interest.
    46  For each year an owner fails to register such unit pursuant  to  section
    47  26-517 of this chapter, penalties imposed by the state division of hous-
    48  ing  and  community  renewal  shall be at least two thousand dollars and
    49  shall not exceed ten thousand dollars.
    50    § 5.  Paragraph 1 of subdivision a of section 12 of section 4 of chap-
    51  ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
    52  protection  act  of  nineteen seventy-four, as amended by chapter 403 of
    53  the laws of 1983, the opening paragraph and clause (i)  of  subparagraph
    54  (b) as amended by chapter 116 of the laws of 1997, is amended to read as
    55  follows:

        S. 9175                             4
 
     1    (1)  Subject  to the conditions and limitations of this paragraph, any
     2  owner of housing accommodations in a city having a  population  of  less
     3  than  one million or a town or village as to which an emergency has been
     4  declared pursuant to section three, who, upon complaint of a  tenant  or
     5  of  the state division of housing and community renewal, is found by the
     6  state division of housing and  community  renewal,  after  a  reasonable
     7  opportunity  to be heard, to have collected an overcharge above the rent
     8  authorized for a housing accommodation subject  to  this  act  shall  be
     9  liable  to  the  tenant for a penalty equal to three times the amount of
    10  such overcharge.  [In no event shall such] Except  as  provided  for  in
    11  section  five-b of this section, treble damage [penalty] penalties shall
    12  not be assessed against an owner based solely on said owner's failure to
    13  file a proper or timely initial or annual rent  registration  statement.
    14  If  the  owner  establishes  by a preponderance of the evidence that the
    15  overcharge was neither willful nor attributable to his  negligence,  the
    16  state  division  of  housing  and  community renewal shall establish the
    17  penalty as the amount of the overcharge plus interest  at  the  rate  of
    18  interest payable on a judgment pursuant to section five thousand four of
    19  the  civil  practice  law  and  rules. (i) Except as to complaints filed
    20  pursuant to clause (ii) of this paragraph, the legal regulated rent  for
    21  purposes  of  determining  an overcharge, shall be deemed to be the rent
    22  indicated in the annual registration statement filed  [four]  six  years
    23  prior  to  the most recent registration statement, (or, if more recently
    24  filed, the initial registration statement) plus in each case any  subse-
    25  quent  lawful  increases  and  adjustments. Where the amount of rent set
    26  forth in the annual rent registration statement filed [four]  six  years
    27  prior to the most recent registration statement is not challenged within
    28  [four]  six  years  of  its filing, neither such rent nor service of any
    29  registration shall be subject to challenge at any time thereafter.  (ii)
    30  As to complaints filed within ninety days of the initial registration of
    31  a housing accommodation, the legal regulated rent for purposes of deter-
    32  mining an overcharge shall be deemed to be the rent charged on the  date
    33  [four]  six  years  prior to the date of the initial registration of the
    34  housing accommodation (or, if the housing accommodation was  subject  to
    35  this  act  for  less  than [four] six years, the initial legal regulated
    36  rent) plus in each case, any lawful increases and adjustments. Where the
    37  rent charged on the date [four] six years  prior  to  the  date  of  the
    38  initial  registration  of  the accommodation cannot be established, such
    39  rent shall be established by the division. Where the amount of rent  set
    40  forth  in  the annual rent registration statement filed [four] six years
    41  prior to the most recent registration statement is not challenged within
    42  [four] six years of its filing, neither such rent  nor  service  of  any
    43  registration shall be subject to challenge at any time thereafter.
    44    (a)  The  order of the state division of housing and community renewal
    45  shall apportion the owner's liability  between  or  among  two  or  more
    46  tenants  found  to  have  been  overcharged  by  such owner during their
    47  particular tenancy of a unit.
    48    (b) (i) Except as provided  under  clauses  (ii)  and  (iii)  of  this
    49  subparagraph, a complaint under this subdivision shall be filed with the
    50  state  division of housing and community renewal within [four] six years
    51  of the first overcharge alleged and no determination  of  an  overcharge
    52  and  no  award or calculation of an award of the amount of an overcharge
    53  may be based upon an overcharge having occurred  more  than  [four]  six
    54  years before the complaint is filed. This paragraph shall preclude exam-
    55  ination  of the rental history of the housing accommodation prior to the

        S. 9175                             5
 
     1  [four-year] six-year period preceding the filing of a complaint pursuant
     2  to this subdivision.
     3    (ii)  No  penalty  of  three times the overcharge may be based upon an
     4  overcharge  having  occurred  more  than  [two]  six  years  before  the
     5  complaint  is  filed or upon an overcharge which occurred prior to April
     6  first, nineteen hundred eighty-four.
     7    (iii) Any complaint based upon overcharges occurring prior to the date
     8  of filing of the initial rent registration as provided in subdivision  b
     9  of section twelve-a of this act shall be filed within ninety days of the
    10  mailing of notice to the tenant of such registration.
    11    (c)  Any affected tenant shall be notified of and given an opportunity
    12  to join in any complaint filed by an officer or employee  of  the  state
    13  division of housing and community renewal.
    14    (d)  An  owner  found  to  have  overcharged  shall,  in all cases, be
    15  assessed the reasonable costs and attorney's fees of the proceeding, and
    16  interest from the date of the overcharge at the rate of interest payable
    17  on a judgment pursuant to section five thousand four of the civil  prac-
    18  tice law and rules.
    19    (e)  The  order of the state division of housing and community renewal
    20  awarding penalties may, upon the expiration of the period in  which  the
    21  owner  may  institute  a proceeding pursuant to article seventy-eight of
    22  the civil practice law and rules, be filed and enforced by a  tenant  in
    23  the  same  manner as a judgment or, in the alternative, not in excess of
    24  twenty percent thereof per month may be offset against any  rent  there-
    25  after due the owner.
    26    (f)  Unless  a  tenant shall have filed a complaint of overcharge with
    27  the division which complaint has not been withdrawn,  nothing  contained
    28  in this section shall be deemed to prevent a tenant or tenants, claiming
    29  to  have  been  overcharged,  from commencing an action or interposing a
    30  counterclaim in a court of competent jurisdiction for damages  equal  to
    31  the  overcharge  and the penalty provided for in this section, including
    32  interest from the date of the overcharge at the rate of interest payable
    33  on a judgment pursuant to section five thousand four of the civil  prac-
    34  tice law and rules, plus the statutory costs and allowable disbursements
    35  in  connection  with  the  proceeding.  Such action must be commenced or
    36  counterclaim interposed within [four] six  years  of  the  date  of  the
    37  alleged  overcharge  but  no  recovery  of three times the amount of the
    38  overcharge may be awarded with  respect  to  any  overcharge  which  had
    39  occurred  more  than  [two]  six years before the action is commenced or
    40  counterclaim is interposed.
    41    § 6. Paragraph 8 of subdivision a of section 12 of section 4 of  chap-
    42  ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
    43  protection act of nineteen seventy-four, as amended by  chapter  403  of
    44  the laws of 1983, is amended to read as follows:
    45    (8) Any owner who has duly registered a housing accommodation pursuant
    46  to  section  twelve-a  of  this act shall not be required to maintain or
    47  produce any records relating to rentals of such accommodation more  than
    48  [four]  six years prior to the most recent registration or annual state-
    49  ment for such accommodation.
    50    § 7. Subdivision c of section 12 of section 4 of chapter  576  of  the
    51  laws  of 1974, constituting the emergency tenant protection act of nine-
    52  teen seventy-four, as added by chapter 102  of  the  laws  of  1984,  is
    53  amended to read as follows:
    54    c.  The  state division of housing and community renewal may, by regu-
    55  lation, provide for administrative review of  all  orders  and  determi-
    56  nations  issued  by  it  pursuant to this act. Any such regulation shall

        S. 9175                             6
 
     1  provide that if a petition for such  review  is  not  determined  within
     2  ninety  days after it is filed, it shall be deemed to be denied.  Howev-
     3  er, the division may grant one extension not to exceed thirty days  with
     4  the consent of the party filing such petition; any further extension may
     5  only  be  granted  with  the  consent of all parties to the petition. No
     6  proceeding may be brought pursuant to article seventy-eight of the civil
     7  practice law and rules to [challange] challenge any  order  or  determi-
     8  nation which is subject to such administrative review unless such review
     9  has  been sought and either (1) a determination thereon has been made or
    10  (2) the ninety-day period provided for determination of the petition for
    11  review (or any extension thereof) has expired.
    12    § 8. Section 4 of chapter 576 of the laws of  1974,  constituting  the
    13  emergency  tenant protection act of nineteen seventy-four, is amended by
    14  adding a new section 5-b to read as follows:
    15    § 5-b. Deregulation. Notwithstanding  any  provision  of  law  to  the
    16  contrary,  where  a  unit is deregulated as a result of overcharges, the
    17  unit shall be re-regulated pursuant to this chapter within  six  months.
    18  Where  an  owner fails to register such unit as rent stabilized pursuant
    19  to section twelve-a of this section, the state division of  housing  and
    20  community  renewal  shall  impose  a penalty equal to the amount of such
    21  overcharge, plus accrued interest. For  each  year  an  owner  fails  to
    22  register  such unit pursuant to section twelve-a of this section, penal-
    23  ties imposed by the state division  of  housing  and  community  renewal
    24  shall be at least two thousand dollars and shall not exceed ten thousand
    25  dollars.
    26    §  9.  Subdivision  3 of section 5 of chapter 274 of the laws of 1946,
    27  constituting the emergency housing rent control law, as amended by chap-
    28  ter 337 of the laws of 1961, is amended to read as follows:
    29    3. The commission may from time to time to effectuate the purposes  of
    30  this  act adopt, promulgate, amend or rescind such rules, regulations or
    31  orders as it may deem necessary or proper for the control of  evictions.
    32  It  may  require  that  an  order  granting a certificate of eviction be
    33  obtained from it prior to the institution of any  action  or  proceeding
    34  for the recovery of possession of any housing accommodation subject to a
    35  maximum  rent  under  this act upon the grounds specified in subdivision
    36  two of this section or where it finds  that  the  requested  removal  or
    37  eviction is not inconsistent with the purposes of this act and would not
    38  be  likely  to result in the circumvention or evasion thereof; provided,
    39  however, that no such order shall be required in any action or  proceed-
    40  ing  brought  pursuant  to  the  provisions  of  subdivision one of this
    41  section.
    42    The commission on its own initiative or on application of a tenant may
    43  revoke or cancel an order granting such certificate of eviction  at  any
    44  time  prior  to  the  execution  of a warrant in a summary proceeding to
    45  recover possession of real property by a court whenever it finds that:
    46    (a) the certificate of eviction was obtained by fraud  or  illegality;
    47  [or]
    48    (b)  the  landlord's  intentions or circumstances have so changed that
    49  the premises, possession of which is sought, will not be  used  for  the
    50  purpose specified in the certificate[.]; or
    51    (c)  the  certificate  of  eviction  was obtained as a result of over-
    52  charges, regardless of whether there was fraud or illegality.
    53    The commencement of a proceeding by the commission to revoke or cancel
    54  an order granting a certificate of eviction shall stay such order  until
    55  the  final  determination  of  the  proceeding regardless of whether the
    56  waiting period in the order  has  already  expired.  In  the  event  the

        S. 9175                             7
 
     1  commission  cancels or revokes such an order, the court having jurisdic-
     2  tion of any summary proceeding instituted in such case shall take appro-
     3  priate action to dismiss the application for removal of the tenant  from
     4  the  real  property  and  to vacate and annul any final order or warrant
     5  granted or issued by the court in the matter.
     6    § 10. Subdivision 5 of section 11 of chapter 274 of the laws of  1946,
     7  constituting the emergency housing rent control law, as amended by chap-
     8  ter 706 of the laws of 1966, is amended to read as follows:
     9    5.  If  any  landlord who receives rent from a tenant violates a regu-
    10  lation or order prescribing the maximum rent with respect to the housing
    11  accommodations for which such rent is received  from  such  tenant,  the
    12  tenant paying such rent may, within [two] six years from the date of the
    13  occurrence  of  the  violation, except as hereinafter provided, bring an
    14  action against the landlord on account of the overcharge as  hereinafter
    15  defined.  In  such  action,  the landlord shall be liable for reasonable
    16  attorney's fees and costs as determined by the court, plus whichever  of
    17  the  following  sums is the greater: (a) Such amount not more than three
    18  times the amount of the overcharge, or the overcharges, upon  which  the
    19  action  is based as the court in its discretion may determine, or (b) an
    20  amount not less than twenty-five dollars nor more than fifty dollars, as
    21  the court in its discretion may determine; provided, however, that  such
    22  amount  shall  be the amount of the overcharge or overcharges or twenty-
    23  five dollars, whichever is greater, if the  defendant  proves  that  the
    24  violation of the regulation or order in question was neither willful nor
    25  the result of failure to take practicable precautions against the occur-
    26  rence  of  the violation. As used in this section, the word "overcharge"
    27  shall mean the amount by which the consideration paid by a tenant  to  a
    28  landlord  exceeds  the  applicable  maximum  rent.  If  any landlord who
    29  receives rent from a tenant violates a regulation or  order  prescribing
    30  maximum  rent  with respect to the housing accommodations for which such
    31  rent is received from such tenant,  and  such  tenant  either  fails  to
    32  institute  an  action under this subdivision within thirty days from the
    33  date of the occurrence of the violation  or  is  not  entitled  for  any
    34  reason  to  bring  the action, the commission may institute an action on
    35  behalf of the state within such  [two-year]  six-year  period.  If  such
    36  action is instituted by the commission, the tenant affected shall there-
    37  after  be  barred  from  bringing  an  action  for the same violation or
    38  violations. Any action under this subdivision by either  the  tenant  or
    39  the  commission,  as  the  case  may  be, may be brought in any court of
    40  competent jurisdiction.   Recovery, by  judgment  or  otherwise,  in  an
    41  action for damages under this subdivision shall be a bar to the recovery
    42  under this subdivision of any recovery, by judgment or otherwise, in any
    43  other action against the same landlord on account of the same overcharge
    44  or  overcharges  prior  to  the  institution of the action in which such
    45  recovery of damages was obtained. Where recovery by judgment  or  other-
    46  wise  is  obtained  in an action instituted by the commission under this
    47  subdivision, there shall be paid over to  the  tenant  from  the  moneys
    48  recovered,  one-third of such recovery, exclusive of costs and disburse-
    49  ment or the amount of the overcharge or overcharges,  whichever  is  the
    50  greater.
    51    § 11. Section 213-a of the civil practice law and rules, as amended by
    52  chapter 116 of the laws of 1997, is amended to read as follows:
    53    §  213-a. Actions to be commenced within [four] six years; residential
    54  rent overcharge. An action on a residential  rent  overcharge  shall  be
    55  commenced within [four] six years of the first overcharge alleged and no
    56  determination  of  an overcharge and no award or calculation of an award

        S. 9175                             8
 
     1  of the amount of any overcharge may be based upon an  overcharge  having
     2  occurred more than [four] six years before the action is commenced. This
     3  section  shall preclude examination of the rental history of the housing
     4  accommodation  prior  to  the  [four-year]  six-year  period immediately
     5  preceding the commencement of the action.
     6    § 12. This act shall take effect on  the  one  hundred  eightieth  day
     7  after  it shall have become a law; provided that the amendments to chap-
     8  ter 4 of title 26 of the administrative code of the  city  of  New  York
     9  made  by  sections  one,  three and four of this act shall expire on the
    10  same date as such law expires and shall not  affect  the  expiration  of
    11  such  law as provided under section 26-520 of such law; provided, howev-
    12  er, that the amendments to section 26-405 of the city rent and rehabili-
    13  tation law made by section two of this act shall remain  in  full  force
    14  and effect only as long as the public emergency requiring the regulation
    15  and control of residential rents and evictions continues, as provided in
    16  subdivision  3  of section 1 of the local emergency housing rent control
    17  act; provided, however, that the  amendments  to  the  emergency  tenant
    18  protection  act  of  nineteen  seventy-four  made by sections five, six,
    19  seven and eight of this act shall expire on the same date  as  such  act
    20  expires  and  shall not affect the expiration of such act as provided in
    21  section 17 of chapter 576 of the laws of 1974; provided,  further,  that
    22  the  amendments  to  section 4 of the emergency housing rent control law
    23  made by sections nine and ten of this act shall expire on the same  date
    24  as  such  law expires and shall not affect the expiration of such law as
    25  provided in subdivision 2 of section 1 of chapter 274  of  the  laws  of
    26  1946.
Go to top