What's happening
This bill makes rent reductions for tenants, due to landlords' failure to maintain services, retroactive to 30 days after a tenant's application.
Why it matters
Makes landlords more accountable. By making rent reductions retroactive to 30 days after a tenant's application, this bill creates a financial incentive for landlords to address service issues promptly, as delays will cost them more.
Provides stronger tenant protections. Tenants who endure poor conditions will be compensated for the time they spent without necessary services, not just from the date of official decision, addressing gaps where landlords might otherwise benefit from bureaucratic delays.
Applies to current and future cases. The bill covers not only new but also pending applications for rent reductions, potentially offering immediate relief to tenants already in disputes over unaddressed maintenance issues.
Reduces opportunity for landlord delay tactics. By tying the retroactive period to the date of tenant application rather than the date of agency action, the bill limits landlords’ ability to exploit administrative backlogs to their benefit.
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Who cares
Headline styles
Retroactive Rent Reductions Approved
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to housing, construction and community development
- Referred to housing, construction and community development
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2656
2019-2020 Regular Sessions
IN SENATE
January 28, 2019
Introduced by Sen. STAVISKY -- 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, in relation to rent reduction based upon a failure to maintain services for purposes of the rent stabilization law of nineteen hundred sixtynine
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 26-514 of the administrative code of the city of New York, as amended by chapter 116 of the laws of 1997, is amended to read as follows:
§ 26-514 Maintenance of services. In order to collect a rent adjustment authorized pursuant to the provisions of subdivision d of section 26-510 of this chapter an owner must file with the state division of housing and community renewal, on a form which the commissioner shall prescribe, a written certification that he or she is maintaining and will continue to maintain all services furnished on the date upon which the emergency tenant protection act of nineteen seventy-four becomes a law or required to be furnished by any state law or local law, ordinance or regulation applicable to the premises. In addition to any other remedy afforded by law, any tenant may apply to the state division of housing and community renewal, for a reduction in the rent to the level in effect prior to its most recent adjustment and for an order requiring services to be maintained as provided in this section, and the commissioner shall so reduce the rent if it is found that the owner has failed to maintain such services. Such reduction shall be retroactive to the date occurring thirty days after the date upon which the tenant applied to the division for such a reduction. The owner shall also be barred from applying for or collecting any further rent increases. The restoration of such services shall result in the prospective elimination of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08866-01-9
S. 2656 2
such sanctions. The owner shall be supplied with a copy of the application and shall be permitted to file an answer thereto. A hearing may be held upon the request of either party, or the commissioner may hold a hearing upon his or her own motion. The commissioner may consolidate the proceedings for two or more petitions applicable to the same building or group of buildings or development. If the commissioner finds that the owner has knowingly filed a false certification, it shall, in addition to abating the rent, assess the owner with the reasonable costs of the proceeding, including reasonable attorneys' fees, and impose a penalty not in excess of two hundred fifty dollars for each false certification.
The amount of the reduction in rent ordered by the state division of housing and community renewal under this [subdivision] section shall be reduced by any credit, abatement or offset in rent which the tenant has received pursuant to section two hundred thirty-five-b of the real property law, that relates to one or more conditions covered by such order.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to all applications for reductions in rent pending on the effective date of this act or filed on or after such date with the state division of housing and community renewal pursuant to the provisions of section 26-514 of the administrative code of the city of New York; provided that the amendments to section 26-514 of the rent stabilization law of nineteen hundred sixty-nine 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the administrative code of the city of New York, in relation to rent reduction based upon a failure to maintain services for purposes of the rent stabilization law of nineteen hundred sixty-nine
Purpose
To allow tenants a rent reduction retroactive to thirty days after they file an application for a reduction.
Summary of provisions
Section 1 amends Section 26-514 of the administrative code of the city of New York, as amended by chapter 116 of the laws of 1997 to establish that any tenant application to the state division of housing and commu- nity renewal for a reduction in the rent to the level in effect prior to its most recent adjustment, and for an order requiring services to be maintained as provided in this section shall be retroactive to the date occurring thirty days after the date upon which the tenant applied to the division for such a reduction.
Section 2 sets forth the effective date.
Justification
It is inequitable that when a tenant files for a rent reduction based on a decrease in services, the tenant only gets the reduction from the date an order is issued by the District Rent Administrator, and not retroac- tive to thirty days after the tenant has filed his or her complaint.
The State Division of Housing and Community Renewal has a backlog of complaints to process. This proposed change in the law would give owners an incentive to restore an actual decrease in services quickly, since a delay in an administrative determination by DHCR would no longer be financially beneficial.
Legislative history
2018: S. 5164- Referred to Housing, Construction, and Community Develop- ment.
Fiscal impact on the state
None.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law and shall apply to all applications for reductions in rent pending on the effective date of this act or filed on or after such date with the State Division of Housing and Community Renewal pursuant to the provisions of Section 26-514 of the Administrative Code of the City of New York; provided that the amendments to section 26-514 of the rent stabilization law of nineteen hundred sixty-nine 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.
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