What's happening
This bill extends the statute of limitations for examining rental history when owners fail to provide required deregulation notices to tenants.
Why it matters
Strengthens tenant protections by ensuring landlords cannot escape accountability for illegal rent increases simply by running out the statute of limitations “clock” if they fail to provide required deregulation notices. This means tenants could challenge rent overcharges for a longer period if their landlord did not properly notify them that their apartment was deregulated.
Creates a direct incentive for landlords to comply with notice requirements. if they don't, they risk having their rental history scrutinized for a longer time, potentially exposing them to greater legal and financial consequences for past overcharges.
Empowers current and future tenants to pursue claims regarding apartment status and rent history dating further back,. as the statute of limitations “pauses” when owners are noncompliant, making it harder for landlords to hide improper deregulation or overcharge practices.
Aims to close common loopholes exploited by some landlords,. who previously benefited from technicalities or delays in tenant awareness, strengthening rent regulation enforcement and supporting housing stability for tenants in New York City.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Extend Tenant Protection Deadlines
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 26
No co-sponsors yet.
History
- Recommit, enacting clause stricken
- Referred to housing, construction and community development
- Referred to housing, construction and community development
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Extend Tenant Overcharge Time
In Assembly Committee · Housing · Sponsor Yuh-Line Niou
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5142
2019-2020 Regular Sessions
IN SENATE
April 11, 2019
Introduced by Sen. KAVANAGH -- 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 and the emergency tenant protection act of nineteen seventy-four, in relation to the statute of limitations on notices of deregulation
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 26-504.2 of the administrative code of the city of New York is amended by adding a new subdivision c to read as follows:
c. Notwithstanding section 26-516 of this chapter and section two hundred thirteen-a of the civil practice law and rules, the periods provided for therein for examination of the rental history of the accommodation for the determination of an overcharge and whether the accommodation is subject to this law are extended by the period during which the owner is not in compliance with the requirements of subdivision b of this section.
§ 2. Paragraph 13 of subdivision a of section 5 of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, as amended by section 8 of part A of chapter 20 of the laws of 2015, is amended to read as follows:
(13) (i) any housing accommodation with a legal regulated rent of two thousand dollars or more per month at any time between the effective date of this paragraph and October first, nineteen hundred ninety-three which is or becomes vacant on or after the effective date of this paragraph; or, for any housing accommodation with a legal regulated rent of two thousand dollars or more per month at any time on or after the effective date of the rent regulation reform act of 1997 and before the effective date of the rent act of 2011, which is or becomes vacant on or after the effective date of the rent regulation reform act of 1997 and before the effective date of the rent act of 2011. This exclusion shall
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02244-01-9
S. 5142 2
apply regardless of whether the next tenant in occupancy or any subsequent tenant in occupancy is charged or pays less than two thousand dollars a month; or, for any housing accommodation with a legal regulated rent of two thousand five hundred dollars or more per month at any time on or after the effective date of the rent act of 2011, which is or becomes vacant on or after such effective date, but prior to the effective date of the rent act of 2015; or, any housing accommodation with a legal regulated rent that was two thousand seven hundred dollars or more per month at any time on or after the effective date of the rent act of 2015, which becomes vacant after the effective date of the rent act of 2015, provided, however, that starting on January 1, 2016, and annually thereafter, the maximum legal regulated rent for this deregulation threshold, shall also be increased by the same percentage as the most recent one year renewal adjustment, adopted by the applicable rent guidelines board. An exclusion pursuant to this paragraph shall apply regardless of whether the next tenant in occupancy or any subsequent tenant in occupancy actually is charged or pays less than two thousand seven hundred dollars a month. Provided however, that an exclusion pursuant to this paragraph shall not apply to housing accommodations which became or become subject to this act (a) by virtue of receiving tax benefits pursuant to section [four hundred twenty-one-a] 421-a or [four hundred eighty-nine] 489 of the real property tax law, except as otherwise provided in subparagraph (i) of paragraph (f) of subdivision [two] 2 of section [four hundred twenty-one-a] 421-a of the real property tax law, or (b) by virtue of article [seven-C] 7-C of the multiple dwelling law. This paragraph shall not apply, however, to or become effective with respect to housing accommodations which the commissioner determines or finds that the landlord or any person acting on his or her behalf, with intent to cause the tenant to vacate, has engaged in any course of conduct (including, but not limited to, interruption or discontinuance of required services) which interfered with or disturbed or was intended to interfere with or disturb the comfort, repose, peace or quiet of the tenant in his or her use or occupancy of the housing accommodations and in connection with such course of conduct, any other general enforcement provision of this act shall also apply.
(ii) the owner of any housing accommodation that is not subject to this act pursuant to the provisions of subparagraph (i) of this paragraph or paragraph (n) of subdivision 2 of section 2 of the emergency housing rent control law shall give written notice certified by such owner to the first tenant of that housing accommodation after such housing accommodation becomes exempt from the provisions of this act or the emergency housing rent control law. Such notice shall contain: the last regulated rent; the reason that such housing accommodation is not subject to this act or the emergency housing rent control law; a calculation of how either the rental amount charged when there is no lease or the rental amount provided for in the lease has been derived so as to reach two thousand dollars or more per month; a statement that the last legal regulated rent or the maximum rent may be verified by the tenant by contacting the state division of housing and community renewal, or any successor thereto; and the address and telephone number of such agency, or any successor thereto. Such notice shall be sent by certified mail within thirty days after the tenancy commences or after the signing of the lease by both parties, whichever occurs first or shall be delivered to the tenant at the signing of the lease. In addition, the owner shall send and certify to the tenant a copy of the registration statement for such housing accommodation filed with the state division of
S. 5142 3
housing and community renewal indicating that such housing accommodation became exempt from the provisions of this act or the emergency housing rent control law, which form shall include the last regulated rent, and shall be sent to the tenant within thirty days after the tenancy commences or the filing of such registration, whichever occurs later.
(iii) notwithstanding section twelve of this act and section 213-a of the civil practice law and rules to the contrary, the periods provided for therein for examination of the rental history of the accommodation for the determination of an overcharge and whether the accommodation is subject to this law are extended by the period during which the owner is not in compliance with requirements of subparagraph (ii) of this paragraph.
§ 3. This act shall take effect immediately provided that:
(a) the amendment to section 26-504.2 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;
(b) the amendments to section 5 of section 4 of the emergency tenant protection act of nineteen seventy-four made by section two of this act shall expire on the same date as such act expires and shall not affect the expiration of such act as provided in section 17 of chapter 576 of the laws of 1974, as amended; and
(c) the provisions of this act shall apply to housing accommodations which became vacant on or after the effective date of this act.
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 and the emergency tenant protection act of nineteen seventy- four, in relation to the statute of limitations on notices of deregu- lation
Purpose
This bill will provide that the statute of limitations for challenges by a tenant to a high rent decontrol of a rent-regulated apartment is tolled during the time that the owner has not provided notice required by existing law, decreasing the number of rent-regulated units improper- ly deregulated.
Summary of provisions
This bill provides that the limitations period for challenging deregu- lation of a rent-regulated apartment and claim of overcharge is tolled if the landlord fails to file and serve the appropriate notice. The bill also applies to housing accommodations that become vacant on or after the date this bill would become law.
Read the full memo (745 words)
Justification
The Emergency Tenant Protection Act (ETPA) currently has a four-year statute of limitations for challenging a legal rent. Also, the New York City Administrative Code, section 26-516, and ETPA, section 12, require owners to keep rent records for four years. This bill adds a new subdi- vision (c) of section 26-504.2 of the New York City Administrative Code, which provides that the periods for the examination of rental history and claims of overcharge and improper deregulation are extended by the period during which the owner does not comply with notice and filing requirements. In addition, it amends the ETPA to set forth requirements for a landlord who seeks to deregulate a unit on grounds that the rent has exceeded the high rent threshold to file a statement with the Divi- sion of Housing and Community Renewal (DHCR) and to notify the tenants, and tolls the statute of limitations during the time the landlord failed to comply with these requirements.
The rent laws provide for the deregulation of apartments that become vacant after the lawful rent reaches a certain threshold. Since the right of a tenant to challenge the rent charged by their landlord extends only for four years, a claim of "high rent vacancy deregulation" becomes unchallengeable after four years. Therefore, an affected tenant must be given notice not only of his or her right to challenge the claim of deregulation, but also of the information necessary to understand the owner's claim and to file a meaningful challenge. Where the owner fails to provide the required notices for high-rent exemption, the most effec- tive method of ensuring that tenants are given a meaningful opportunity to challenge claims of deregulation and related rent overcharges is to provide that the period to examine the rental history of an accommo- dation not commence until such notices are provided.
Prior legislative history
2018: S7105 (Kavanagh) - Referred to Housing, Construction, and Communi- ty Development 2017: S2028 (Squadron) - Referred to Housing, Construction, and Communi- ty Development 2016: S174A (Squadron) - Referred to Housing, Construction, and Communi- ty Development 2015: 5174 (Squadron) - Referred to Housing, Construction, and Community Development 2013: 5797 (Squadron) - Referred to Housing, Construction, and Community Development 2014: 5797 (Squadron) - Referred to Housing, Construction, and Community Development 2013: 5797 (Squadron) - Referred to Housing, Construction, and Community Development 2012: S57 (Squadron)/A1682 (Jeffries)- Referred to Housing, Construction, and Community Development/ordered to third reading 2011: S57 (Squadron)/A1682 (Jeffries)- Referred to Housing, Construction, and Community Development 2009: S5851(Squadron)/A7598 (Jeffries) - Referred to Rules/passed Assem- bly 2010: 55851 (Squadron)/A7598 (Jeffries) - Referred to Housing, Construction, and Community Development/passed Assembly
Fiscal implications
Modest administrative costs associated with extending the statute of limitations and with the HCR maintaining additional records.
Effective date
This act shall take effect immediately provided that: (a) the amendment to section 26-504.2 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; (b) the amendments to section 5 of section 4 of the emergency tenant protection act of nineteen seven- ty-four made by section two of this act shall expire on the same date as such act expires and shall not affect the expiration of such act as provided in section 17 of chapter 576 of the laws of 1974, as amended; and (c) the provisions of this act shall apply to housing accommodations which became vacant on or after the effective date of this act.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.