Bill Text: NY S02818 | 2019-2020 | General Assembly | Introduced
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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S02818 Detail]
Download: New_York-2019-S02818-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2818 2019-2020 Regular Sessions IN SENATE January 29, 2019 ___________ Introduced by Sens. COMRIE, SEPULVEDA -- 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, 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 § 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 a 13 landlord shall be required to provide such tenant with the documentation 14 used by such owner or landlord to support any allowable increases in the 15 legal regulated rent during the previous four years. 16 § 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. LBD08850-01-9S. 2818 2 1 jurisdiction shall consider such year or years when determining the 2 current legal regulated rent. 3 § 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 a 7 landlord shall be required to provide such tenant with the documentation 8 used by such owner or landlord to support any allowable increases in the 9 legal regulated rent during the previous four years. 10 § 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 § 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 § 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 section 26-512 of the administrative code of the 36 city of New York made by section two of this act shall expire on the 37 same date as such law expires and shall not affect the expiration of 38 such section as provided under section 26-520 of such code; and 39 (c) the amendments to the emergency tenant protection act of nineteen 40 seventy-four made by sections three and four of this act shall expire on 41 the same date as such act expires and shall not affect the expiration of 42 such act as provided in section 17 of chapter 576 of the laws of 1974.
