What's happening
This bill allows rent overcharge complaints based on continuing violations or fraud to be filed regardless of the usual four-year limit.
Why it matters
Allows tenants to pursue rent overcharge claims even if the landlord’s violation happened more than four years ago. , as long as the violation is ongoing (such as failure to comply with an official order), broadening the window for accountability.
Ensures that successor landlords (new owners) can be held responsible for unresolved violations if they had actual notice. , preventing landlords from escaping liability simply by selling the property.
Permits state review of rent overcharge complaints involving fraud regardless of when the fraudulent act occurred. , making it harder for landlords to hide illegal increases or fraudulent activity by waiting out the statute of limitations.
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Who cares
Headline styles
Close Rent Overcharge Loophole
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Referred to housing, construction and community development
- Delivered to senate
- Passed assembly
- Ordered to third reading cal.305
- Ordered to third reading rules cal.52
- Rules report cal.52
- Reported
- Reported referred to rules
- Reported referred to codes
- Referred to housing
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4003
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
Introduced by M. of A. ROSENTHAL, GOTTFRIED, MOSLEY -- Multi-Sponsored by -- M. of A. FARRELL, PERRY -- read once and referred to the Committee on Housing
AN ACT to amend the administrative code of the city of New York, in relation to the filing of an overcharge complaint
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph 2 of subdivision a of section 26-516 of the administrative code of the city of New York is amended by adding two new subparagraphs (iii) and (iv) to read as follows:
(iii) Failure of an owner to comply with an order issued under the provisions of this title shall constitute a continuing violation to be included in the rental history of the housing accommodation irrespective of whether such violation occurred outside of the four year period preceding the filing of such complaint and provided further, that failure to comply with an order issued under this article shall be imputed to any successor in interest of the housing accommodation, provided such person or persons has actual notice of such violation.
(iv) Any complaint based on fraud shall be reviewed by the state division of housing and community renewal irrespective of whether such fraud occurred outside of the four year period preceding the filing of such complaint.
§ 2. This act shall take effect immediately; provided that the amendments to section 26-516 of chapter 4 of title 26 of the administrative code of the city of New York made by section one of this act shall expire on the same date as such law expires and shall not affect the expiration of such law as provided under section 26-520 of such law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05332-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.