What's happening
This bill requires rent reductions for diminished services to be calculated from when the service issue began, not when reported.
Why it matters
Strengthens tenant protections. by ensuring renters are financially compensated for the *entire* time they experienced reduced services, not just from when they reported the issue—addressing delays and gaps in current enforcement.
Incentivizes landlords to maintain services proactively. , since any service failure now automatically leads to backdated rent reductions, potentially increasing their financial risk if issues aren’t fixed right away.
Applies retroactively to ongoing cases. as well as all future cases, meaning tenants currently seeking redress could benefit from larger rent reductions, not just those who file after the law takes effect.
Shifts the burden of service documentation. and dispute resolution, possibly leading to more thorough record-keeping and potentially more disputes about when a service actually began to diminish, impacting both landlords and tenants.
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Who cares
Headline styles
Backdate Rent Reductions
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to cities
- Referred to cities
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
94
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Cities
AN ACT in relation to requiring the division of housing and community renewal to calculate the period of rent reduction due to diminution of services from the date of actual diminution of the services
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding any law, rule or regulation to the contrary, any rent reduction attributable to diminution of services shall be calculated by the division of housing and community renewal to be effective upon the date that the diminution of service commenced, regardless of when the diminution of services was reported to the division or that date upon which the diminution of services was addressed by the division. Such rent reduction shall be applicable to the entire period of time the services were not maintained in full.
§ 2. This act shall take effect immediately and shall apply to all pending and future proceedings.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05310-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act in relation to requiring the division of housing and community renewal to calculate the period of rent reduction due to diminution of services from the date of actual diminution of the services
Summary of provisions
Section One of the legislation states that notwithstanding any law, rule, or regulation to the contrary, any rent reduction attributable to diminution of services shall be calculated by the division of housing and community renewal to be effective upon the date that the diminution of service commenced, regardless of when that diminution of services was reported to the division or the date upon which the diminution of services was addressed by the division. Such rent reduction shall be applicable to the entire period in which it is found the services were not maintained in full.
Existing law
New law.
Justification
This bill directs the Division of Housing and Community Renewal (DHCR) that any rent reduction for diminution of services should be effective for the entire period for which it is found that the services have not been maintained.
Current DHCR policy with respect to rent reductions for regulated tenants who have experienced a diminution of services in their apartment or building is incompatible with the Rent Stabilization Code (RSC), and runs the risk of denying tenants compensation to which they are otherwise entitled.
The DHCR's "Fact Sheet 14: Rent Reductions for Decreased Services" says that rent regulated tenants who experience a decrease in service in an individual apartment or building-wide must first contact the owner about the complaint in writing. If that does not resolve the problem, the tenant may file a complaint with the DHCR. If the evidence indicates that the owner failed to maintain required services, the DHCR can issue a written order that directs the owner to restore services and reduces the rent for the apartment.
It is DHCR's practice, and Fact Sheet 14 states, that "The effective date for rent stabilized tenants is retroactive back to the first day of the month following DHCR's service of the complaint on the owner. For rent controlled tenants, the effective date is the first day of the month after the order is issued." However, if tenants are denied their contractually obligated services, their remedy should not be limited to the period after DHCR has had time to serve notice on the owner.
In fact, Section 2523.4(a)(1) of the RSC provides that "the DHCR shall so reduce the rent for the period for which it is found that the owner has failed to maintain required services," This bill would bring DHCR practice into compliance with the RSC.
Legislative history
S.498 of 2015-2016 (Hoylman): Died in Cities S.4884-A of 2013-2014 (Hoylman): Died in Cities
Fiscal implications
To be determined
Local fiscal implications
To be determined
Effective date
This act shall take effect immediately and shall apply to all pending and future proceedings.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.