Bill Text: NY A07310 | 2015-2016 | General Assembly | Introduced

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Bill Title: Tolls the four year statute of limitations look back period on rent overcharges where the owner of a housing accommodation acts in a wrongful or fraudulent manner.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2016-05-26 - advanced to third reading cal.785 [A07310 Detail]

Download: New_York-2015-A07310-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7310
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 5, 2015
                                      ___________
       Introduced  by M. of A. FARRELL -- read once and referred to the Commit-
         tee on Housing
       AN ACT to amend the administrative code of the city  of  New  York,  the
         emergency  tenant  protection  act  of  nineteen seventy-four, and the
         civil practice law and rules, in relation to rent overcharges
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The opening paragraph of subdivision a of section 26-516 of
    2  the  administrative  code of the city of New York is amended by adding a
    3  new clause (iii) to read as follows:
    4    (III) NOTWITHSTANDING THE PROVISIONS OF CLAUSE (I) OF THIS  PARAGRAPH,
    5  FOR  ANY YEAR IN WHICH AN OWNER OR A LANDLORD WHO IS REQUIRED TO FILE AN
    6  ANNUAL RENT REGISTRATION STATEMENT, HAS FAILED TO TIMELY FILE SUCH ANNU-
    7  AL RENT REGISTRATION STATEMENT, THE DIVISION OR  A  COURT  OF  COMPETENT
    8  JURISDICTION  SHALL  CONSIDER  SUCH  YEAR  OR YEARS WHEN DETERMINING THE
    9  CURRENT LEGAL REGULATED RENT.
   10    S 2. Section 26-512 of the administrative code of the city of New York
   11  is amended by adding a new subdivision (g) to read as follows:
   12    (G) UPON THE OFFERING OF A LEASE TO A PROSPECTIVE TENANT, AN OWNER  OR
   13  A  LANDLORD SHALL BE REQUIRED TO PROVIDE SUCH TENANT WITH THE DOCUMENTA-
   14  TION USED BY SUCH OWNER OR LANDLORD TO SUPPORT ANY  ALLOWABLE  INCREASES
   15  IN THE LEGAL REGULATED RENT DURING THE PREVIOUS FOUR YEARS.
   16    S  3. Paragraph 1 of subdivision a of section 12 of section 4 of chap-
   17  ter 576 of the laws of 1974 constituting the emergency tenant protection
   18  act of nineteen seventy-four is amended by adding a new clause (iii)  to
   19  read as follows:
   20    (III)  NOTWITHSTANDING THE PROVISIONS OF CLAUSE (I) OF THIS PARAGRAPH,
   21  FOR ANY YEAR IN WHICH AN OWNER OR A LANDLORD WHO IS REQUIRED TO FILE  AN
   22  ANNUAL RENT REGISTRATION STATEMENT, HAS FAILED TO TIMELY FILE SUCH ANNU-
   23  AL  RENT  REGISTRATION  STATEMENT,  THE DIVISION OR A COURT OF COMPETENT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10834-01-5
       A. 7310                             2
    1  JURISDICTION SHALL CONSIDER SUCH YEAR  OR  YEARS  WHEN  DETERMINING  THE
    2  CURRENT LEGAL REGULATED RENT.
    3    S 4. Section 6 of section 4 of chapter 576 of the laws of 1974 consti-
    4  tuting  the  emergency tenant protection act of nineteen seventy-four is
    5  amended by adding a new subdivision (h) to read as follows:
    6    (H) UPON THE OFFERING OF A LEASE TO A PROSPECTIVE TENANT, AN OWNER  OR
    7  A  LANDLORD SHALL BE REQUIRED TO PROVIDE SUCH TENANT WITH THE DOCUMENTA-
    8  TION USED BY SUCH OWNER OR LANDLORD TO SUPPORT ANY  ALLOWABLE  INCREASES
    9  IN THE LEGAL REGULATED RENT DURING THE PREVIOUS FOUR YEARS.
   10    S  5. Section 213-a of the civil practice law and rules, as amended by
   11  chapter 116 of the laws of 1997, is amended to read as follows:
   12    S 213-a. Actions to be commenced within four years;  residential  rent
   13  overcharge.  An  action  on  a  residential  rent  overcharge  shall  be
   14  commenced within four years of  the  first  overcharge  alleged  and  no
   15  determination  of  an overcharge and no award or calculation of an award
   16  of the amount of any overcharge may be based upon an  overcharge  having
   17  occurred  more  than  four  years  before  the action is commenced. This
   18  section shall preclude examination of the rental history of the  housing
   19  accommodation  prior  to  the four-year period immediately preceding the
   20  commencement of the action; PROVIDED HOWEVER, FOR ANY YEAR IN  WHICH  AN
   21  OWNER  OR A LANDLORD WHO IS REQUIRED TO FILE AN ANNUAL RENT REGISTRATION
   22  STATEMENT, HAS FAILED TO  TIMELY  FILE  SUCH  ANNUAL  RENT  REGISTRATION
   23  STATEMENT, A COURT OF COMPETENT JURISDICTION SHALL CONSIDER SUCH YEAR OR
   24  YEARS WHEN DETERMINING THE CURRENT LEGAL REGULATED RENT.
   25    S  6.  This  act shall take effect immediately, and shall apply to any
   26  action or proceeding pending in any court or any application,  complaint
   27  or  proceeding  before an administrative agency on the effective date of
   28  this act, as well as any  action  or  proceeding  commenced  thereafter;
   29  provided, however, that:
   30    (a)  the amendments to subdivision a of section 26-516 of the adminis-
   31  trative code of the city of New York made by section  one  of  this  act
   32  shall  expire  on the same date as such law expires and shall not affect
   33  the expiration of such section as provided under section 26-520 of  such
   34  code; and
   35    (b)  the amendments to the emergency tenant protection act of nineteen
   36  seventy-four made by sections three and four of this act shall expire on
   37  the same date as such act expires and shall not affect the expiration of
   38  such act as provided in section 17 of chapter 576 of the laws of 1974.