| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jun 03, 2010 |
referred to housing, construction and community development |
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Senate Bill S8050
2009-2010 Legislative Session
Relates to extending certain rent control provisions
download bill text pdfSponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S8050 (ACTIVE) - Details
- Current Committee:
- Senate Housing, Construction And Community Development
- Law Section:
- New York City Administrative Code
- Laws Affected:
- Amd NYC Ad Cd, generally; amd §§5, 5-a, 6 & 12, add §§5-b & 12-b, Emerg Ten Prot Act; amd §§2, 2-a, 17 & 1, Emerg Hous Rent Cont Act; amd §213-a, CPLR; amd §2, Chap 329 of 1963; amd §10, Chap 555 of 1982; amd §4, Chap 402 of 1983
2009-S8050 (ACTIVE) - Sponsor Memo
BILL NUMBER:S8050
TITLE OF BILL:
An act
to amend the administrative code of the city of New York, the emergency
tenant protection act of nineteen seventy-four and the emergency housing
rent control law, in relation to the control of and stabilization of
rent in certain cases; to amend the administrative code of the city of
New York, the emergency tenant protection act of nineteen seventy-four
and the emergency housing rent control law, in relation to enforcement
and procedures for implementing a certain New York state court of
appeals decision; to amend the administrative code of the city of New
York and the emergency tenant protection act of nineteen seventy-four,
in relation to a rent stabilization code and rent increases authorized
thereunder; to amend the administrative code of the city of New York and
the emergency tenant protection act of nineteen seventy-four, in relation
to calculations of rent overcharges; to amend the civil practice law and
rules, in relation to a four year rent history review
period for residential rent overcharges;
to amend the administrative code of the city of New
York and the emergency tenant protection act of nineteen seventy-four,
in relation to recordkeeping and notice requirements; and to amend the
emergency tenant protection act of nineteen seventy-four, the emergency
housing rent control law, chapter 576 of the laws of 1974 amending the
emergency housing rent control law relating to the control of and
stabilization of rent in certain cases, chapter 329 of the laws of 1963
amending the emergency housing rent control law relating to recontrol of
rents in the city of Albany, chapter
555 of the laws of 1982 amending the general business law and the
administrative code of the city of New York relating to conversion of
residential property to cooperative or condominium ownership in the city
of New York and chapter 402 of the laws of 1983 amending the general
business law relating to conversions of residential property to
cooperative or condominium ownership in certain municipalities in the
counties of Nassau, Westchester and Rockland, in relation to their
periods of effectiveness
PURPOSE OF THE BILL:
This bill would amend the Emergency Tenant Protection Act of 1974
(ETPA), the Emergency Housing Rent Control Law (EHRCL), the New York
City Rent Control Law (RCL), the Rent Stabilization Law (RSL), the
General Business Law (GBL) and the Administrative Code of the city of
New York (the "Administrative Code" or "the Code") in order to (l)
increase the rent deregulation thresholds for high income/high rent
and high rent vacancy deregulation; (2) permit high income/high rent
and high rent vacancy deregulation of housing accommodations on or
after October 22, 2009 in buildings receiving certain real estate tax
benefits; (3) strengthen the notice requirements for deregulation
under these laws and for rent increases based on individual apartment
improvements; (4) extend the statute of limitations on rent
challenges where the tenant is paying a preferential rent; (5) limit
the number of exceptions to the applicable statute of limitations; and
(6) extend these laws for eight years, until June 15, 2019.
SUMMARY OF PROVISIONS:
Section 1 of the bill would amend RCL § 26-403(e)(2)(j) to raise the
rent threshold to $3000 per month for High Income/High Rent
deregulation of rent controlled units in New York City effective
January 1, 2011, and would provide for annual adjustment of the rent
threshold to reflect the guidelines for one-year renewal leases
promulgated by the New York City Rent Guidelines Board. In addition,
deregulation of housing accommodations pursuant to the provisions
of RCL § 26-403(e)(2)(j) would be permitted on or after October 22, 2009
in buildings receiving certain real estate tax benefits,
notwithstanding the receipt of such benefits, provided such housing
accommodations would have been subject to regulation in the absence
of the receipt of such tax benefits.
Section 2 of the bill would amend RCL § 26-403.1 (b), which sets out
procedural requirements for High Income/High Rent deregulation of
rent controlled units in New York City, to reflect the change in the
deregulation rent threshold.
Section 3 of the bill would amend RSL § 26-504.1 to raise the rent
threshold for High Income/High Rent deregulation of rent stabilized
units in New York City, effective January 1, 2011 to $3000 per month,
and provide for annual adjustment of the rent threshold to reflect
the guidelines for one-year renewal leases promulgated by the New
York City Rent Guidelines Board price index. In addition,
deregulation of housing accommodations pursuant to the provisions of
this section of the RSL would be permitted on or after October
22, 2009 in buildings receiving certain real estate tax benefits,
notwithstanding the receipt of such benefits, provided such housing
accommodations would have been subject to regulation in the absence
of the receipt of such tax benefits.
Section 4 of the bill would amend RSL § 26-504.3(b), which sets out
procedural requirements for High Income/High Rent deregulation of
rent stabilized units in New York City, to reflect the change in the
deregulation rent threshold.
Section 5 of the bill amends ETPA § 5(a)(12) to raise the rent
threshold to $3000 per month for High Income/High Rent deregulation
of rent stabilized units outside of New York City
effective January 1, 2011, and would provide for annual adjustment of
the rent threshold to reflect the guidelines for one-year renewal
leases promulgated by the Rent Guidelines Board for the county in
which the housing accommodation is located. In addition, deregulation
of housing accommodations pursuant to the provisions of this section
of ETPA would be permitted on or after October 22, 2009 in buildings
receiving certain real estate tax benefits, notwithstanding the
receipt of such benefits, provided such housing accommodations would
have been subject to regulation in the absence of the receipt of such
tax benefits.
Section 6 of the bill would amend ETPA § 5-a(b), which sets out
procedural requirements for High Income/High Rent deregulation of
rent stabilized units outside of New York City, to reflect the change
in the deregulation rent threshold.
Section 7 of the bill would amend EHRCL § 2(2)(m) to raise the rent
threshold to $3000 per month for High Income/High Rent deregulation
of rent controlled units outside of New York City, effective January
1, 2011, and would provide for annual adjustment of the rent threshold
to reflect the guidelines for one-year renewal leases promulgated by
the Rent Guidelines Board for the county in which the housing
accommodation is located.
Section 8 of the bill would amend EHRCL § 2-a(b), which sets out
procedural requirements for High Income/High Rent deregulation of
rent controlled units outside of New York City, to reflect the change
in the deregulation rent threshold.
Section 9 of the bill would amend RSL § 26-504.2 to raise the rent
threshold for High Rent Vacancy deregulation of rent stabilized units
in New York City, effective October 1,2010, to $3000 per month, and
would provide for annual adjustment of the rent threshold to reflect
the guidelines for one-year renewal leases promulgated by the New
York City Rent Guidelines Board. In addition, deregulation of housing
accommodations pursuant to the provisions of this section of the RSL
would be permitted on or after October 22, 2009 in buildings receiving
certain real estate tax benefits, notwithstanding the receipt of such
benefits, provided such housing accommodations would have been
subject to regulation in the absence of the receipt of such tax
benefits.
Section 10 of the bill would amend RCL § 26-403(e)(2)(k) to raise the
rent threshold to $3000 per month for High Rent Vacancy deregulation
of rent controlled units in New York City effective October 1, 2010,
and would provide for annual adjustment of the rent threshold to
reflect the guidelines for one-year renewal leases promulgated by the
New York City Rent Guidelines Board. In addition, deregulation of
housing accommodations pursuant to the provisions of this section of
the RCL would be permitted on or after October 22, 2009 in buildings
receiving certain real estate tax benefits, notwithstanding the
receipt of such benefits, provided such housing accommodations would
have been subject to regulation in the absence of the receipt of such
tax benefits.
Section 11 of the bill would amend ETPA §5a( 13) to raise the rent
threshold for High Rent Vacancy deregulation of rent stabilized units
outside of New York City, effective October 1, 2010 to $3000 per
month, and would provide for annual adjustment of the rent threshold
to reflect the guidelines for one-year renewal leases promulgated by
the Rent Guidelines Board for
the county in which the housing accommodation is located. In addition,
deregulation of housing accommodations pursuant to the provisions of
this section of the RSL would be permitted on or after October 22,
2009 in buildings receiving certain real estate tax benefits
notwithstanding the receipt of such benefits, provided such housing
accommodations would have been subject to regulation in the absence
of the receipt of such tax benefits.
Section 12 of the bill would amend EHRCL § 2(2)(n) to raise the rent
threshold to $3000 per month for High Rent Vacancy deregulation of
rent controlled units outside of New York City effective October 1,
2010, and would provide for annual adjustment of the rent threshold
to reflect the guidelines promulgated for one-year renewal leases
promulgated by the Rent Guidelines Board for the county in which the
housing accommodation is located.
Section 13 of the bill would add a new section 26-504.4 to the RSI, to
codify procedures and requirements for implementing the recent
decision of the New York State Court of Appeals in
Roberts v. Tishman
Speyer Properties, L.P.,
13 NY 3d 270 (2009). The new provision would
establish a formula for the calculation of the legal rents and
refunds due, if any, to the affected tenants as well as a time frame
for the payment of such refund. It also would mandate that owners
provide affected current tenants with a notice that informs such
tenants of the court ruling and provides a calculation of the legal
rent and refund amount, if any, due to the tenant.
The new section would also create a mechanism by which, after the
owner has provided the tenant with the aforesaid notice, the parties
may enter into a final and binding written agreement regarding the
legal rent and refund amount due the tenant.
Section 14 of the bill would add a new section 5-b to ETPA to codify
procedures and requirements for implementing the recent decision of
the New York State Court of Appeals in
Roberts v. Tishman Speyer
Properties, L.P.The new section provision would establish a formula
for the calculation of the legal rents and refunds due, if any, to
the affected tenants as well a.s a time frame for the payment of such
refund. It also mandates that owners provide affected current tenants
with a notice that informs such tenants of the court ruling and
provides a calculation of the legal rent and refund amount, if any,
due to the tenant. The new section would also create a mechanism by
which, after the owner has provided the tenant with the aforesaid
notice, the parties may enter into a final and binding written
agreement regarding the legal rent and refund amount due the tenant.
Section 15 of the bill would authorize DHCR to promulgate explanatory
Operational Bulletins with regard to any of the changes made by this
bill, without the further action required for the promulgation of
regulations by the State Administrative Procedures Act or RSL.
Section 16 of this bill would amend RSL § 26-511(c)(13), which allows
an owner to obtain increases in apartment rents based on individual
apartment improvements (IAIs). As a condition of obtaining such
increase, the owner would be required to give the tenant written
notice of the calculation of such increase on a form prescribed by
the DHCR and to file such form with the DHCR. This amendment would
conform and make similar the provisions of the RSL with those of the
RCI" which already requires a filing of a written notice with the
DHCR disclosing the IAls performed.
Section 17 of this bill would amend ETPA § 6(d)(1), which allows an
owner to obtain increases in apartment rents based on individual
apartment improvements (IAIs). As a condition of obtaining such
increase, the owner would be required to give the tenant written
notice of the calculation of such increase on a form prescribed by
the DHCR and to file such form with the DHCR. This amendment would
conform and make similar the provisions of ETPA with those of the
RCL, which already requires a filing of a written notice with the
DHCR disclosing the IAIs performed.
Section 18 of this bill would amend RSL § 26-516 (g) to require an
owner to retain rent records for an additional period, beyond the
currently mandated four years, where the owner is charging a tenant a
preferential rent. This amendment would be necessary to properly
implement the extension of the rental history review period provided
for in section 18 of this bill.
Section 19 of the bill would add new section 26-516A to the RSL to
provide that where on the date four years prior to the filing of an
overcharge complaint, there was an agreement in effect between the
owner and the tenant then in possession of the apartment pursuant to
which such tenant was charged less than the legal rent ("preferential
rent"), the rental history review period would be extended beyond the
currently limited four-year period back to the last date on which
there was no preferential rent agreement in effect. The legal rent
for purposes of adjudicating an overcharge complaint would be the
rent charged on such date, plus all subsequent lawful increases.
Section 20 of the bill would amend CPLR § 213-a to provide that where
on the date four years prior to the commencement of an action on
residential rent overcharge, there was an agreement in effect between
the owner and the tenant then in possession of the apartment pursuant
to which such tenant was charged less than the legal rent
("preferential rent"), the rental history review period would be
extended beyond the currently limited four-year period back to the
last date on which there was no preferential rent agreement in
effect. The legal rent for purposes of adjudicating the overcharge
complaint would be the rent charged on such date, plus all subsequent
lawful increases.
Section 21 of this bill would amend ETPA section 12(a)(8) to require
an owner to retain rent records for an additional period, beyond the
currently mandated four years, where the owner is charging a tenant a
preferential rent. This amendment would be necessary to properly
implement the extension of the rental history review period provided
for in section 20 of this bill.
Section 22 of the bill would add a new section 12-b to the ETPA to
provide that where on the date four years prior to the filing of an
overcharge complaint, there was an agreement in effect between the
owner and the tenant then in possession of the apartment pursuant to
which such tenant was charged less than the legal rent ("preferential
rent"), the rental history review period would be extended beyond the
currently limited four-year period back to the last date on which
there was no preferential rent agreement in effect. The legal rent
for purposes of adjudicating the overcharge complaint would be the
rent charged on such date, plus all subsequent lawful increases.
Section 23 of this bill would add a new subdivision c to RSL
26-504.2 to provide that if an owner fails to comply with the notice
requirements of RSL . 26-504.2(b), the apartment would remain subject
to rent regulation at the previously regulated rent, notwithstanding
any other provision of the RSL or the city rent and rehabilitation
law to the contrary, until the owner complies with these requirements.
Section 24 of the bill would amend ETPA § 5(a)(13) to require an
owner to give written notice to a tenant of the precise basis,
including supporting rent calculations, for the owner's claim that
the apartment is not subject to rent regulation by virtue of the
"high rent vacancy deregulation" provisions of the rent laws. The
owner would also be required to provide notice to DHCR of the claim
of deregulation through the mechanism of an "exit" registration. The
failure of the owner to comply with both of these notice requirements
would result in the apartment's remaining subject to rent regulation
at the previously regulated rent until the owner did so comply.
Section 25 of the bill would amend RSL § 26-516 (a)(2) to set forth
the only circumstances under which DHCR or a court could review the
rental history of an apartment outside of the four-year period prior
to the filing of a rent challenge by a tenant.
Section 26 of the bill would amend ETPA § 12(a)(1)(b)(i) to set forth
the only circumstances under which DHCR or a court could review the
rental history of an apartment outside of the four-year period prior
to the filing of a rent challenge by a tenant.
Section 27 of the bill would extend the ETPA for an additional eight
years, until June 15, 2019.
Section 28 of the bill would extend the EHRCL for an additional eight
years, until June 15, 2019.
Section 29 of the bill would extend the EHRCL with regard to the city
of Albany for an additional eight years, until June 15, 2019.
Section 30 of the bill would extend certain provisions of the General
Business Law and Administrative Code of the City of New York relating
to the conversion of residential property to cooperative or
condominium ownership in the city of New York for eight years, until
June 15, 2019.
Section 31 of the bill would extend certain provisions of the General
Business Law relating to the conversion of residential property to
cooperative or condominium ownership Nassau, Westchester and Rockland
Counties for eight years, until June 15, 2019.
Section 32 of the bill would provide that, except as specifically
provided, all sections of the bill shall take effect immediately.
EXISTING LAW:
Currently, the deregulation rent threshold for rent controlled and
rent stabilized units is $2000 per month.
There is no current statutory requirement for a separate and specific
IAI notice to tenants under either the RSL or ETPA. Notice to
tenants of IAIs is currently provided only in a rider to the lease
and in annual apartment registrations.
RSL § 26-516, ETPA § 12, and CPLR § 213-a currently provide for a
four-year review period in proceedings challenging a legal registered
rent. In addition, RSL § 26-516 and ETPA § 12 require an owner to
maintain rent records for only four years.
RSL § 26-504b currently requires an owner to give notice to both the
tenant and DHCR of any claim of "high rent vacancy deregulation."
However, the RSL does not contain any sanction for the failure of the
owner to comply with this requirement. The ETPA currently does not
contain any notice requirements for "high rent vacancy deregulation."
RSL § 26-516 and ETPA § 12 now preclude examination of the rental
history of an apartment prior to the four-year period preceding the
filing of an overcharge complaint.
The ETPA, EHRCL, and certain provisions in the General Business Law
and the Administrative Code of the City of New York relating to the
conversion of residential real property to cooperative or condominium
ownership will sunset as of June 15, 2011.
LEGISLATIVE HISTORY:
While several of the matters covered by this bill have been previously
addressed in bills introduced by members of the Legislature, this is
a new bill.
STATEMENT IN SUPPORT:
The High Rent Vacancy and High Income/High Rent deregulation
provisions of New York State's four rent regulatory schemes are
intended to eliminate the protections of rent regulation in specific
narrow circumstances. The so-called "luxury decontrol" thresholds,
first introduced in 1993 and amended in 1997, currently allow for the
deregulation of vacant apartments when the regulated rent reaches
$2000 per month. Occupied units may be deregulated when the regulated
rent reaches $2000 per month and the tenants have an income of
$175,000 or more per year. These provisions sought to provide the
protections of rent regulation for ordinary tenants, while allowing
for deregulation of high-rent "luxury" apartments occupied by the
wealthiest New Yorkers.
In the seventeen years since this "luxury decontrol" system was put in
place, the basic rents for rent stabilized apartments have increased
each year by the annual adjustment factor approved by the appropriate
Rent Guidelines Board. However, while rents have steadily increased,
the decontrol threshold has not changed. As a result, more and more
units are being
decontrolled - leaving more and more ordinary New Yorkers without the
vital protections that the rent regulation provides.
This legislation would increase the High Rent Vacancy and High Rent/
High Income decontrol threshold from $2000 per month to $3000 per
month. This increase would begin to restore the delicate balance
between tenant protections and appropriate deregulation that was
struck when the current decontrol laws were adopted. This new
decontrol threshold would be updated annually based on the one-year
renewal lease guideline promulgated by the Rent Guidelines Board for
the jurisdiction in which the apartment is located and so would
continue to be a fair and accurate standard for deregulation in the
future.
On October 22, 2009, the Court of Appeals issued a decision in
Roberts
v. Tishman Speyer Props., L.P. (Roberts),
which had the effect of
returning more than 40,000 apartments located in more than 4,000
buildings in New York City to rent regulation after these apartments
bad become deregulated via the High Rent Vacancy or High Rent High
Income decontrol provisions for varying periods of time - in some
cases as long as 15 years. The court held that because the owners of
these buildings had applied for and received certain real property
tax benefits, the units in those buildings were subject to rent
regulation and were not eligible for decontrol. This decision
overturned an advisory opinion issued by DHCR in late 1995 that
permitted the deregulation of thousands of apartments
During the period when DHCR's interpretation of the relevant statutory
provision prevailed, tenants were charged rents and buildings were
bought and sold based on the assumption that a certain class of
apartments was not subject to rent regulation. Now, as a result of
the Court's ruling, rents for the affected apartments may have to be
reviewed and in many cases, reduced to bring them into compliance
with the requirements of rent regulation. In addition, tenants may
well be owed significant sums for the amounts they have paid in
excess of rent they would have been charged bad their apartments been
continuously rent regulated. Lastly, because the rent rolls for the
buildings impacted by the Roberts decision
may be reduced, the value
of these buildings would be commensurately reduced, raising a host
of legal and financial problems for the owners.
The dual issues of how the rents for the affected apartments would be
adjusted and how the refunds due tenants as a result of such rent
adjustments would be calculated were not addressed by the Court of
Appeals, but were left to other fora. Therefore, in the months and
years ahead, it is likely that a host of law suits will be commenced
by individual tenants seeking compensation under the Roberts
decision. Unlike most issues involving rent regulation, where DHCR
has sole jurisdiction over the dispute, the courts and DHCR have
concurrent jurisdiction over rent challenges. A multiplicity of
individual law suits creates the potential for different and perhaps.
contradictory, approaches and outcomes. Tenants and owners will be
faced with years of uncertainty, as will others - such as lenders
and the New York City Department of Finance--whose decisions depend
on the value of the affected apartment buildings.
This bill would create a special rent-setting procedure for the
affected apartments that could be uniformly applied to all of the
apartments. It adheres generally to rent-setting procedures
applicable in other situations under the rent laws, and would provide
needed certainty
for tenants, owners and other affected parties. Most importantly, it
would establish a mechanism whereby owners and tenants can resolve
the Roberts issue between themselves without the need for
intervention by DHCR or the courts.
The current provisions of the RSL and the ETPA do not provide
adequate notice to a tenant of the nature and scope of any IAIs that
may have been performed in the apartment before the tenant moved in,
Tenants should be fully apprised as to the scope and cost of the
alleged IAIs so that the tenant can make a reasonable inquiry to
determine whether to submit a complaint to the DHCR challenging the
increases in rent claimed by the owner. This bill would strengthen
existing notice provisions.
Current laws provide that a legal rent not challenged within four
years is thereafter unchallengeable. Several issues arise related to
the four-year rule that would be addressed in this bill.
First, according to DHCR's rent registration records, approximately
19% of the rent regulated units in New York City, are occupied by
tenants paying what is claimed by owners to be a preferential rent
(i.e., a rent lower than the legal rent). There is a strong
disincentive for a tenant who believes he or she is being charged a
preferential rent to challenge the legal rent - fear of losing the
perceived benefit of the preferential rent. Such a tenant is faced
with the untenable choice of risking the loss of the purported
preference by questioning the full rent's legality during the four
year period of review or losing the right to challenge the legal rent
at all after four years, even if that higher rent had never
previously been challenged. Therefore, the four year challenge period
provided for in existing law is often not meaningful to a tenant
paying a preferential rent. As a result, excessive and unlawful
increases in the legal rent may go unchallenged, become final, and,
in some instances, be the basis of the removal of the apartment from
rent regulation, an otherwise avoidable reduction of the stock of
affordable housing. This bill would extend the time period for
challenging the legal rent beyond four years where a tenant is paying
a preferential rent, to ensure that tenants are given a full and
fair opportunity to challenge the legal rent. In order to permit this
extended rental history review, the proposed legislation also extends
the time period for which an owner must maintain rent records.
Second, since the right of a tenant to challenge a rent extends only
for four years, a claim of "high rent vacancy deregulation," which is
predicated on the lawful rent for an apartment reaching the $2,000
per month level, is designed to similarly become unchallengeable
after four years. Without notice of his or her right to challenge a
claim of deregulation, and the information necessary to understand
the owner's claim, an affected tenant is unable to file a meaningful
challenge. This bill would penalize owners who fail to provide the
required notice and information by requiring rent regulation to
continue unless and until the notice and information are provided.
Third, this bill would also provide needed clarity regarding the
current "four-year" limitation on reviewable rental history in
overcharge cases. Since the Legislature clarified this look-back
provision thirteen years ago, DHCR and the courts have identified
certain situations in which the a four..:year look-back period
inappropriately limits a tenant's right to file a meaningful rent
challenge, and have created exceptions in certain cases. This bill
would expressly set forth
those circumstances in which DHCR or a court may review the rental
history beyond a four-year period: (1) where there is a DHCR rent
freeze order still in effect that was issued before the four-year
period; (2) to determine the appropriate vacancy rent increase
authorized by RSL § 26-511c(5)(a) or ETPA § 10(a-1); (3) to determine
the appropriate rent increase authorized by RSL § 26-511c(13) or
ETPA § 6d(1) for an IAI; (4) to determine the appropriate rent
increase upon termination of a preferential rent in accordance with
RSL § 26-511c(14) or ETPA § 12-b; (5) to determine non-rent based
jurisdictional issues; and (6) where the apartment was vacant or
temporarily exempt from rent regulation on the four-year base date.
BUDGET IMPLICATIONS:
This bill would have no State financial impact.
EFFECTIVE DATE:
This bill would take effect immediately, provided that the changes to
the High Rent/High Income deregulation rent thresholds provided in
sections 1, 3, 5, and 7 of the bill would be effective as of January 1,
2011, and the changes to the High Rent Vacancy deregulation rent
thresholds provided in sections 9, 10, 11 and 12 would be effective
as of October 1, 2010.
2009-S8050 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8050
I N S E N A T E
June 3, 2010
___________
Introduced by Sen. ESPADA -- (at request of the Governor) -- 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 emer-
gency housing rent control law, in relation to the control of and
stabilization of rent in certain cases; to amend the administrative
code of the city of New York, the emergency tenant protection act of
nineteen seventy-four and the emergency housing rent control law, in
relation to enforcement and procedures for implementing a certain New
York state court of appeals decision; to amend the administrative code
of the city of New York and the emergency tenant protection act of
nineteen seventy-four, in relation to a rent stabilization code and
rent increases authorized thereunder; to amend the administrative code
of the city of New York and the emergency tenant protection act of
nineteen seventy-four, in relation to calculations of rent over-
charges; to amend the civil practice law and rules, in relation to a
four year rent history review period for residential rent overcharges;
to amend the administrative code of the city of New York and the emer-
gency tenant protection act of nineteen seventy-four, in relation to
recordkeeping and notice requirements; and to amend the emergency
tenant protection act of nineteen seventy-four, the emergency housing
rent control law, chapter 576 of the laws of 1974 amending the emer-
gency housing rent control law relating to the control of and stabili-
zation of rent in certain cases, chapter 329 of the laws of 1963
amending the emergency housing rent control law relating to recontrol
of rents in the city of Albany, chapter 555 of the laws of 1982 amend-
ing the general business law and the administrative code of the city
of New York relating to conversion of residential property to cooper-
ative or condominium ownership in the city of New York and chapter 402
of the laws of 1983 amending the general business law relating to
conversions of residential property to cooperative or condominium
ownership in certain municipalities in the counties of Nassau, West-
chester and Rockland, in relation to their periods of effectiveness
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12240-05-0
S. 8050 2 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (j) of paragraph 2 of subdivision e of section 26-403 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: (j) Upon the issuance of an order of decontrol by the division, hous- ing accommodations which: (1) are occupied by persons who have a total annual income in excess of one hundred seventy-five thousand dollars per annum in each of the two preceding calendar years, as defined in and subject to the limitations and process set forth in section 26-403.1 of this chapter; and (2) have a maximum rent of two thousand dollars or more per month, OR FOR PROCEEDINGS COMMENCED ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN A MAXIMUM RENT OF THREE THOUSAND DOLLARS OR MORE PER MONTH, WHICH AMOUNT THEREAFTER SHALL BE ADJUSTED ANNUALLY OCTOBER FIRST OF EACH YEAR BY THE ONE-YEAR RENEWAL LEASE GUIDELINE PROMULGATED BY THE GUIDELINES BOARD OF THE CITY OF NEW YORK. Provided however, that this exclusion shall not apply to housing accommodations which became or become subject to this law by virtue of receiving tax benefits pursuant to section four hundred eighty-nine of the real property tax law, EXCEPT THAT EFFECTIVE OCTOBER TWENTY-SECOND, TWO THOUSAND NINE THIS EXCLUSION SHALL APPLY TO HOUSING ACCOMMODATIONS THAT WOULD HAVE BEEN SUBJECT TO THIS CHAPTER IN THE ABSENCE OF THE RECEIPT OF TAX BENEFITS PURSUANT TO SECTION FOUR HUNDRED EIGHTY-NINE OF THE REAL PROPERTY TAX LAW. S 2. Subdivision (b) of section 26-403.1 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: (b) On or before the first day of May in each calendar year, the owner of each housing accommodation for which the maximum rent [is two thou- sand dollars or more per month] EQUALS OR EXCEEDS THE AMOUNT SPECIFIED IN SUBPARAGRAPH (J) OF PARAGRAPH TWO OF SUBDIVISION E OF SECTION 26-403 OF THIS CHAPTER may provide the tenant or tenants residing therein with an income certification form prepared by the division of housing and community renewal on which such tenant or tenants shall identify all persons referred to in subdivision (a) of this section and shall certify whether the total annual income is in excess of one hundred seventy-five thousand dollars in each of the two preceding calendar years. Such income certification form shall state that the income level certified to by the tenant may be subject to verification by the department of taxa- tion and finance pursuant to section one hundred seventy-one-b of the tax law and shall not require disclosure of any income information other than whether the aforementioned threshold has been exceeded. Such income certification form shall clearly state that: (i) only tenants residing in housing accommodations which have a maximum rent [of two thousand dollars or more per month] THAT EQUALS OR EXCEEDS THE AMOUNT SPECIFIED IN SECTION 26-403 OF THIS CHAPTER are required to complete the certif- ication form; (ii) that tenants have protections available to them which are designed to prevent harassment; (iii) that tenants are not required to provide any information regarding their income except that which is requested on the form and may contain such other information the divi- sion deems appropriate. The tenant or tenants shall return the completed certification to the owner within thirty days after service upon the tenant or tenants. In the event that the total annual income as certi- fied is in excess of one hundred seventy-five thousand dollars in each such year, the owner may file the certification with the state division of housing and community renewal on or before June thirtieth of such S. 8050 3 year. Upon filing such certification with the division, the division shall, within thirty days after the filing, issue an order of decontrol providing that such housing accommodations shall not be subject to the provisions of this law as of the first day of June in the year next succeeding the filing of the certification by the owner. A copy of such order shall be mailed by regular and certified mail, return receipt requested, to the tenant or tenants and a copy thereof shall be mailed to the owner. S 3. Section 26-504.1 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: S 26-504.1 Exclusion of accommodations of high income renters. Upon the issuance of an order by the division, "housing accommodations" shall not include housing accommodations which: (1) are occupied by persons who have a total annual income in excess of one hundred seventy-five thousand dollars per annum for each of the two preceding calendar years, as defined in and subject to the limitations and process set forth in section 26-504.3 of this chapter; and (2) have a legal regulated rent of two thousand dollars or more per month, OR FOR PROCEEDINGS COMMENCED ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN A LEGAL RENT OF THREE THOU- SAND DOLLARS OR MORE PER MONTH, WHICH AMOUNT THEREAFTER SHALL BE ADJUSTED ANNUALLY OCTOBER FIRST OF EACH YEAR BY THE ONE-YEAR RENEWAL LEASE GUIDELINE PROMULGATED BY THE GUIDELINES BOARD OF THE CITY OF NEW YORK. Provided, however, that this exclusion shall not apply to housing accommodations which became or become subject to this law (a) by virtue of receiving tax benefits pursuant to section four hundred twenty-one-a or four hundred eighty-nine of the real property tax law, except as otherwise provided in subparagraph (i) of paragraph (f) of subdivision two of section four hundred twenty-one-a of the real property tax law, or (b) by virtue of article seven-C of the multiple dwelling law, EXCEPT THAT EFFECTIVE OCTOBER TWENTY-SECOND, TWO THOUSAND NINE THIS EXCLUSION SHALL APPLY TO HOUSING ACCOMMODATIONS THAT WOULD HAVE BEEN SUBJECT TO THIS CHAPTER IN THE ABSENCE OF THE RECEIPT OF TAX BENEFITS PURSUANT TO SECTION FOUR HUNDRED EIGHTY-NINE OF THE REAL PROPERTY TAX LAW. S 4. Subdivision (b) of section 26-504.3 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: (b) On or before the first day of May in each calendar year, the owner of each housing accommodation for which the legal regulated rent [is two thousand dollars or more per month] EQUALS OR EXCEEDS THE AMOUNT SPECI- FIED IN SECTION 26-504.1 OF THIS CHAPTER may provide the tenant or tenants residing therein with an income certification form prepared by the division of housing and community renewal on which such tenant or tenants shall identify all persons referred to in subdivision (a) of this section and shall certify whether the total annual income is in excess of one hundred seventy-five thousand dollars in each of the two preceding calendar years. Such income certification form shall state that the income level certified to by the tenant may be subject to verification by the department of taxation and finance pursuant to section one hundred seventy-one-b of the tax law and shall not require disclosure of any income information other than whether the aforemen- tioned threshold has been exceeded. Such income certification form shall clearly state that: (i) only tenants residing in housing accommodations which have a legal regulated rent [of two thousand dollars or more per month] THAT EQUALS OR EXCEEDS THE AMOUNT SPECIFIED IN SECTION 26-504.1 OF THIS CHAPTER are required to complete the certification form; (ii) S. 8050 4 that tenants have protections available to them which are designed to prevent harassment; (iii) that tenants are not required to provide any information regarding their income except that which is requested on the form and may contain such other information the division deems appropri- ate. The tenant or tenants shall return the completed certification to the owner within thirty days after service upon the tenant or tenants. In the event that the total annual income as certified is in excess of one hundred seventy-five thousand dollars in each such year, the owner may file the certification with the state division of housing and commu- nity renewal on or before June thirtieth of such year. Upon filing such certification with the division, the division shall, within thirty days after the filing, issue an order providing that such housing accommo- dation shall not be subject to the provisions of this act upon the expi- ration of the existing lease. A copy of such order shall be mailed by regular and certified mail, return receipt requested, to the tenant or tenants and a copy thereof shall be mailed to the owner. S 5. Paragraph 12 of subdivision a of section 5 of section 4 of chap- ter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, as amended by chapter 116 of the laws of 1997, is amended to read as follows: (12) upon issuance of an order by the division, housing accommodations which are: (1) occupied by persons who have a total annual income in excess of one hundred seventy-five thousand dollars per annum in each of the two preceding calendar years, as defined in and subject to the limi- tations and process set forth in section five-a of this act; and (2) have a legal regulated rent of two thousand dollars or more per month OR FOR PROCEEDINGS COMMENCED ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN A LEGAL RENT OF THREE THOUSAND DOLLARS OR MORE PER MONTH, WHICH AMOUNT THEREAFTER SHALL BE ADJUSTED ANNUALLY OCTOBER FIRST OF EACH YEAR BY THE ONE-YEAR RENEWAL LEASE GUIDELINE PROMULGATED BY THE GUIDELINES BOARD FOR THE COUNTY IN WHICH THE HOUSING ACCOMMODATION IS LOCATED. Provided however, that this exclusion 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 or four hundred eighty-nine of the real property tax law, except as otherwise provided in subparagraph (i) of paragraph (f) of subdivision two of section four hundred twenty-one-a of the real property tax law, or (b) by virtue of article seven-C of the multiple dwelling law, EXCEPT THAT EFFECTIVE OCTOBER TWENTY-SECOND, TWO THOUSAND NINE THIS EXCLUSION SHALL APPLY TO HOUSING ACCOMMODATIONS THAT WOULD HAVE BEEN SUBJECT TO THIS ACT IN THE ABSENCE OF THE RECEIPT OF TAX BENEFITS PURSUANT TO SECTION FOUR HUNDRED EIGHTY-NINE OF THE REAL PROPERTY TAX LAW. S 6. Subdivision (b) of section 5-a of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nine- teen seventy-four, as amended by chapter 116 of the laws of 1997, is amended to read as follows: (b) On or before the first day of May in each calendar year, the owner of each housing accommodation for which the legal regulated rent [is two thousand dollars or more per month] EQUALS OR EXCEEDS THE AMOUNT SPECI- FIED IN PARAGRAPH TWELVE OF SUBDIVISION A OF SECTION FIVE OF THIS ACT may provide the tenant or tenants residing therein with an income certification form prepared by the division of housing and community renewal on which such tenant or tenants shall identify all persons referred to in subdivision (a) of this section and shall certify whether the total annual income is in excess of one hundred seventy-five thou- sand dollars in each of the two preceding calendar years. Such income S. 8050 5 certification form shall state that the income level certified to by the tenant may be subject to verification by the department of taxation and finance pursuant to section one hundred seventy-one-b of the tax law, and shall not require disclosure of any information other than whether the aforementioned threshold has been exceeded. Such income certif- ication form shall clearly state that: (i) only tenants residing in housing accommodations which had a legal regulated rent of [two thousand dollars or more per month] EQUALS OR EXCEEDS THE AMOUNT SPECIFIED IN PARAGRAPH TWELVE OF SUBDIVISION A OF SECTION FIVE OF THIS ACT are required to complete the certification form; (ii) that tenants have protections available to them which are designed to prevent harassment; (iii) that tenants are not required to provide any information regarding their income except that which is requested on the form and may contain such other information the division deems appropriate. The tenant or tenants shall return the completed certification to the owner within thirty days after service upon the tenant or tenants. In the event that the total annual income as certified is in excess of one hundred seven- ty-five thousand dollars in each such year, the owner may file the certification with the state division of housing and community renewal on or before June thirtieth of such year. Upon filing such certification with the division, the division shall, within thirty days after the filing, issue an order providing that such housing accommodation shall not be subject to the provisions of this act upon the expiration of the existing lease. A copy of such order shall be mailed by regular and certified mail, return receipt requested, to the tenant or tenants and a copy thereof shall be mailed to the owner. S 7. Paragraph (m) of subdivision 2 of section 2 of chapter 274 of the laws of 1946, constituting the emergency housing rent control law, as amended by chapter 116 of the laws of 1997, is amended to read as follows: (m) upon the issuance of an order of decontrol by the division, hous- ing accommodations which: (1) are occupied by persons who have a total annual income in excess of one hundred seventy-five thousand dollars in each of the two preceding calendar years, as defined in and subject to the limitations and process set forth in section two-a of this law; and (2) have a maximum rent of two thousand dollars or more per month, OR FOR PROCEEDINGS COMMENCED ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN A MAXIMUM RENT OF THREE THOUSAND DOLLARS OR MORE PER MONTH, WHICH AMOUNT THEREAFTER SHALL BE ADJUSTED ANNUALLY OCTOBER FIRST OF EACH YEAR BY THE ONE YEAR RENEWAL LEASE GUIDELINE PROMULGATED BY THE GUIDELINES BOARD FOR THE COUNTY IN WHICH THE HOUSING ACCOMMODATION IS LOCATED. S 8. Subdivision (b) of section 2-a of chapter 274 of the laws of 1946, constituting the emergency housing rent control law, as amended by chapter 116 of the laws of 1997, is amended to read as follows: (b) On or before the first day of May in each calendar year, the owner of each housing accommodation for which the maximum rent [is two thou- sand dollars or more per month] EQUALS OR EXCEEDS THE AMOUNT SPECIFIED IN PARAGRAPH (M) OF SUBDIVISION TWO OF SECTION TWO OF THIS LAW may provide the tenant or tenants residing therein with an income certif- ication form prepared by the division of housing and community renewal on which such tenant or tenants shall identify all persons referred to in subdivision (a) of this section and shall certify whether the total annual income is in excess of one hundred seventy-five thousand dollars in each of the two preceding calendar years. Such income certification form shall state that the income level certified to by the tenant may be subject to verification by the department of taxation and finance pursu- S. 8050 6 ant to section one hundred seventy-one-b of the tax law and shall not require disclosure of any income information other than whether the aforementioned threshold has been exceeded. Such income certification form shall clearly state that: (i) only tenants residing in housing accommodations which had a maximum rent [of two thousand dollars or more per month] THAT EQUALS OR EXCEEDS THE AMOUNT SPECIFIED IN PARAGRAPH (M) OF SUBDIVISION TWO OF SECTION TWO OF THIS LAW are required to complete the certification form; (ii) that tenants have protections available to them which are designed to prevent harassment; (iii) that tenants are not required to provide any information regarding their income except that which is requested on the form and may contain such other informa- tion the division deems appropriate. The tenant or tenants shall return the completed certification to the owner within thirty days after service upon the tenant or tenants. In the event that the total annual income as certified is in excess of one hundred seventy-five thousand dollars in each such year, the owner may file the certification with the state division of housing and community renewal on or before June thir- tieth of such year. Upon filing such certification with the division, the division shall, within thirty days after the filing, issue an order of decontrol providing that such housing accommodations shall not be subject to the provisions of this law as of the first day of June in the year next succeeding the filing of the certification by the owner. A copy of such order shall be mailed by regular and certified mail, return receipt requested, to the tenant or tenants and a copy thereof shall be mailed to the owner. S 9. Subdivision a of section 26-504.2 of the administrative code of the city of New York, as amended by chapter 82 of the laws of 2003, is amended to read as follows: a. "Housing accommodations" shall not include any housing accommo- dation which becomes vacant on or after April first, nineteen hundred ninety-seven and where at the time the tenant vacated such housing accommodation the legal regulated rent was two thousand dollars or more per month, or any housing accommodation which is or becomes vacant on or after the effective date of the rent regulation reform act of 1997 with a legal regulated rent of two thousand dollars or more per month, OR ANY HOUSING ACCOMMODATION WHICH IS OR BECOMES VACANT ON OR AFTER OCTOBER FIRST, TWO THOUSAND TEN WITH A LEGAL RENT OF THREE THOUSAND DOLLARS OR MORE PER MONTH, WHICH AMOUNT THEREAFTER SHALL BE ADJUSTED ANNUALLY OCTO- BER FIRST OF EACH YEAR BY THE ONE-YEAR RENEWAL LEASE GUIDELINE PROMUL- GATED BY THE GUIDELINES BOARD OF THE CITY OF NEW YORK. This exclusion 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 dollars a month] THE DEREGULATION RENT SPECIFIED IN THIS SUBDIVISION. Provided however, that this exclusion shall not apply to housing accommodations which became or become subject to this law (a) by virtue of receiving tax benefits pursuant to section four hundred twen- ty-one-a or four hundred eighty-nine of the real property tax law, except as otherwise provided in subparagraph (i) of paragraph (f) of subdivision two of section four hundred twenty-one-a of the real proper- ty tax law, or (b) by virtue of article seven-C of the multiple dwelling law, EXCEPT THAT EFFECTIVE OCTOBER TWENTY-SECOND, TWO THOUSAND NINE THIS EXCLUSION SHALL APPLY TO HOUSING ACCOMMODATIONS THAT WOULD HAVE BEEN SUBJECT TO THIS CHAPTER IN THE ABSENCE OF THE RECIPIENT OF TAX BENEFITS PURSUANT TO SECTION FOUR HUNDRED EIGHTY-NINE OF THE REAL PROPERTY TAX LAW. This section shall not apply, however, to or become effective with respect to housing accommodations which the commissioner determines or S. 8050 7 finds that the landlord or any person acting on his or her behalf, with intent to cause the tenant to vacate, 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 law shall also apply. S 10. Subparagraph (k) of paragraph 2 of subdivision e of section 26-403 of the administrative code of the city of New York, as amended by chapter 82 of the laws of 2003, is amended to read as follows: (k) Any housing accommodation which becomes vacant on or after April first, nineteen hundred ninety-seven and where at the time the tenant vacated such housing accommodation the maximum rent was two thousand dollars or more per month, or any housing accommodation which is or becomes vacant on or after the effective date of the rent regulation reform act of 1997 with a maximum rent of two thousand dollars or more per month, OR ANY HOUSING ACCOMMODATION WHICH IS OR BECOMES VACANT ON OR AFTER OCTOBER FIRST, TWO THOUSAND TEN WITH A MAXIMUM RENT OF THREE THOU- SAND DOLLARS OR MORE PER MONTH, WHICH AMOUNT THEREAFTER SHALL BE ADJUSTED ANNUALLY OCTOBER FIRST OF EACH YEAR BY THE ONE-YEAR RENEWAL LEASE GUIDELINE PROMULGATED BY THE GUIDELINES BOARD OF THE CITY OF NEW YORK. This exclusion 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 dollars a month] THE DEREGULATION RENT SPECIFIED IN THIS SUBPARAGRAPH. Provided however, that this exclusion shall not apply to housing accommodations which became or become subject to this law by virtue of receiving tax benefits pursuant to section four hundred eighty-nine of the real property tax law, EXCEPT THAT EFFECTIVE OCTOBER TWENTY-SECOND, TWO THOUSAND NINE THIS EXCLUSION SHALL APPLY TO HOUSING ACCOMMODATIONS THAT WOULD HAVE BEEN SUBJECT TO THIS CHAPTER IN THE ABSENCE OF THE RECEIPT OF TAX BENEFITS PURSUANT TO SECTION FOUR HUNDRED EIGHTY-NINE OF THE REAL PROPERTY TAX LAW. This subparagraph shall not apply, however, to or become effective with respect to housing accommodations which the commissioner determines or finds that the land- lord 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 law shall also apply. S 11. Paragraph 13 of subdivision a of section 5 of section 4 of chap- ter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, as amended by chapter 82 of the laws of 2003, is amended to read as follows: (13) 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 para- graph, or 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 which is or becomes vacant on or after the effective date of the rent regulation reform act of 1997, OR ANY HOUSING ACCOMMODATION WHICH IS OR BECOMES VACANT ON OR S. 8050 8 AFTER OCTOBER FIRST, TWO THOUSAND TEN WITH A MAXIMUM RENT OF THREE THOU- SAND DOLLARS OR MORE PER MONTH, WHICH AMOUNT THEREAFTER SHALL BE ADJUSTED ANNUALLY OCTOBER FIRST OF EACH YEAR BY THE ONE-YEAR RENEWAL LEASE GUIDELINE PROMULGATED BY THE GUIDELINES BOARD FOR THE COUNTY IN WHICH THE HOUSING ACCOMMODATION IS LOCATED. This exclusion 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 dollars a month] THE DEREGULATION RENT SPECIFIED IN THIS PARAGRAPH. Provided however, that this exclusion shall not apply to housing accom- modations which became or become subject to this act (a) by virtue of receiving tax benefits pursuant to section four hundred twenty-one-a or four hundred eighty-nine of the real property tax law, except as other- wise provided in subparagraph (i) of paragraph (f) of subdivision two of section four hundred twenty-one-a of the real property tax law, or (b) by virtue of article seven-C of the multiple dwelling law, EXCEPT THAT EFFECTIVE OCTOBER TWENTY-SECOND, TWO THOUSAND NINE THIS EXCLUSION SHALL APPLY TO HOUSING ACCOMMODATIONS THAT WOULD HAVE BEEN SUBJECT TO THIS ACT IN THE ABSENCE OF THE RECEIPT OF TAX BENEFITS PURSUANT TO SECTION FOUR HUNDRED EIGHTY-NINE OF THE REAL PROPERTY TAX LAW. This paragraph shall not apply, however, to or become effective with respect to housing accommodations which the commissioner determines or finds that the land- lord 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. S 12. Paragraph (n) of subdivision 2 of section 2 of chapter 274 of the laws of 1946, constituting the emergency housing rent control law, as amended by chapter 82 of the laws of 2003, is amended to read as follows: (n) any housing accommodation with a maximum 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 any housing accommodation with a maximum 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 which is or becomes vacant on or after the effective date of the rent regulation reform act of 1997, OR ANY HOUSING ACCOMMODATION WHICH IS OR BECOMES VACANT ON OR AFTER OCTOBER FIRST, TWO THOUSAND TEN WITH A MAXIMUM RENT OF THREE THOUSAND DOLLARS OR MORE PER MONTH, WHICH AMOUNT THEREAFTER SHALL BE ADJUSTED ANNUALLY OCTOBER FIRST OF EACH YEAR BY THE ONE YEAR RENEWAL LEASE GUIDELINE PROMULGATED BY THE GUIDELINES BOARD FOR THE COUNTY IN WHICH THE HOUSING ACCOMMODATION IS LOCATED. This exclusion 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 dollars a month] DEREGULATION RENT SPECIFIED ABOVE. This exclusion 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, inter- ruption or discontinuance of required services) which interfered with or disturbed or was intended to interfere with or disturb the comfort, S. 8050 9 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 law shall also apply. S 13. The administrative code of the city of New York is amended by adding a new section 26-504.4 to read as follows: S 26-504.4 ENFORCEMENT AND PROCEDURES FOR IMPLEMENTING DECISION OF NEW YORK STATE COURT OF APPEALS IN ROBERTS V. TISHMAN SPEYER PROPERTIES, L.P., 13 NY3D279. NOTWITHSTANDING ANYTHING IN THE RENT STABILIZATION LAW OR THE EMERGENCY TENANT PROTECTION ACT OR THE CIVIL PRACTICE LAW AND RULES TO THE CONTRARY, ANY HOUSING ACCOMMODATION THAT WAS PREVIOUSLY REMOVED FROM REGULATION UNDER THIS CHAPTER PURSUANT TO THE PROVISIONS OF SECTION 26-504.1 OR SECTION 26-504.2 OF THIS CHAPTER AND AGAIN BECAME SUBJECT TO REGULATION UNDER THIS CHAPTER AS A RESULT OF THE DECISION OF THE NEW YORK STATE COURT OF APPEALS IN ROBERTS V. TISHMAN SPEYER PROP- ERTIES, L.P., 13 NY3D279 SHALL BE SUBJECT TO THE FOLLOWING RULES: (A) THE LEGAL RENT FOR A HOUSING ACCOMMODATION SUBJECT TO THIS SECTION SHALL BE (I) THE RENT CHARGED AND PAID FOR SUCH HOUSING ACCOMMODATION ON OCTOBER TWENTY-SECOND, TWO THOUSAND FIVE, PLUS ALL SUBSEQUENT ADJUST- MENTS THAT WOULD HAVE BEEN PERMITTED HAD THE HOUSING ACCOMMODATION CONTINUED TO BE SUBJECT TO THIS CHAPTER, OR (II) THE LEGAL RENT AGREED TO BY THE TENANT PURSUANT TO SUBDIVISION (E) OF THIS SECTION OR (III) SUCH OTHER AMOUNT AS AGREED TO BY THE OWNER AND TENANT IN A WRITING EXECUTED BY THE PARTIES AFTER RECEIPT BY THE TENANT OF THE NOTICE REQUIRED BY SUBDIVISION (C) OF THIS SECTION AND PAYMENT BY OWNER OF THE REFUND AMOUNT, IF ANY, PROVIDED IN SUCH AGREEMENT. (B) WITHIN SIX MONTHS FROM THE EFFECTIVE DATE OF THIS SECTION, THE OWNER OF A HOUSING ACCOMMODATION SUBJECT TO THIS SECTION SHALL OFFER TO REFUND TO THE TENANT RESIDING IN SUCH HOUSING ACCOMMODATION ALL RENT COLLECTED FROM SUCH TENANT IN EXCESS OF THE LEGAL RENT CALCULATED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION. (C) WITHIN NINETY DAYS FROM THE EFFECTIVE DATE OF THIS SECTION, AN OWNER OF A HOUSING ACCOMMODATION SUBJECT TO THIS SECTION SHALL PROVIDE WRITTEN NOTICE TO THE CURRENT TENANT OF THE HOUSING ACCOMMODATION OF: (I) THE FACT THAT THE HOUSING ACCOMMODATION IS SUBJECT TO THIS CHAPTER AS A RESULT OF THE DECISION OF THE NEW YORK STATE COURT OF APPEALS IN ROBERTS V. TISHMAN SPEYER PROPERTIES, L.P., 13 NY3D279; (II) A CALCU- LATION OF THE LEGAL REGULATED RENT FOR THE HOUSING ACCOMMODATION IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION; AND (III) THE TOTAL AMOUNT TO BE REFUNDED PURSUANT TO SUBDIVISION (B) OF THIS SECTION. (D) AN OWNER WHO MAKES A GOOD FAITH CALCULATION OF THE LEGAL RENT AND MAKES A REFUND OFFER IN ACCORDANCE WITH THE REQUIREMENTS OF SUBDIVISION (B) OF THIS SECTION SHALL NOT BE SUBJECT TO ANY OF THE OVERCHARGE PENAL- TIES, INCLUDING INTEREST AND TREBLE DAMAGES, PROVIDED FOR IN SECTION 26-516 OF THIS CHAPTER. (E) WHERE A TENANT OF A HOUSING ACCOMMODATION SUBJECT TO THE PROVISIONS OF THIS SECTION CONSENTS IN WRITING TO THE LEGAL RENT AND REFUND AMOUNT, IF ANY, SET FORTH BY THE OWNER IN THE NOTICE REQUIRED BY SUBDIVISION (C) OF THIS SECTION, AND THE OWNER MAKES THE REQUIRED REFUND TO THE TENANT, OR AFTER THE NOTICE REQUIRED BY SUBDIVISION (C) OF THIS SECTION THE OWNER AND TENANT ENTER INTO A WRITTEN AGREEMENT PROVIDING FOR A DIFFERENT LEGAL RENT AND REFUND AMOUNT AND THE OWNER MAKES THE REFUND, IF ANY, AGREED TO BY THE PARTIES, THEN NEITHER SUCH LEGAL RENT NOR SUCH REFUND AMOUNT, IF ANY, SHALL THEREAFTER BE SUBJECT TO CHALLENGE BY THE TENANT OR ANY SUBSEQUENT TENANT OF THE HOUSING ACCOMMODATION. S. 8050 10 HOWEVER, IF THE AGREEMENT ENTERED INTO PURSUANT TO THIS SUBDIVISION IS ENTERED INTO IN CONTEMPLATION OF THE TENANT VACATING THE SUBJECT HOUSING ACCOMMODATION OR ENCOMPASSES SURRENDER OF POSSESSION OF THE HOUSING ACCOMMODATION BY THE TENANT, IT SHALL NOT BE BINDING ON SUBSEQUENT TENANTS. (F) IN NO EVENT SHALL A TENANT WHO FILES A COMPLAINT WITH THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SEEKING RELIEF UNDER THE PROVISIONS OF THIS SECTION BE ENTITLED TO A REFUND FOR RENT PAYMENTS MADE MORE THAN FOUR YEARS BEFORE THE COMPLAINT IS FILED. S 14. Section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, is amended by adding a new section 5-b to read as follows: S 5-B. ENFORCEMENT AND PROCEDURES FOR IMPLEMENTING DECISION OF NEW YORK STATE COURT OF APPEALS IN ROBERTS V. TISHMAN SPEYER PROPERTIES, L.P., 13 NY3D279. NOTWITHSTANDING ANYTHING IN THE RENT STABILIZATION LAW OR THE EMERGENCY TENANT PROTECTION ACT OR THE CIVIL PRACTICE LAW AND RULES TO THE CONTRARY, ANY HOUSING ACCOMMODATION THAT WAS PREVIOUSLY REMOVED FROM REGULATION UNDER THIS ACT PURSUANT TO THE PROVISIONS OF PARAGRAPH TWELVE OR THIRTEEN OF SUBDIVISION A OF SECTION FIVE OF THIS ACT AND AGAIN BECAME SUBJECT TO REGULATION UNDER THIS ACT AS A RESULT OF THE DECISION OF THE NEW YORK STATE COURT OF APPEALS IN ROBERTS V. TISH- MAN SPEYER PROPERTIES, L.P., 13 NY3D279 SHALL BE SUBJECT TO THE FOLLOW- ING RULES: (A) THE LEGAL RENT FOR A HOUSING ACCOMMODATION SUBJECT TO THIS SECTION SHALL BE (I) THE RENT CHARGED AND PAID FOR SUCH HOUSING ACCOMMODATION ON OCTOBER TWENTY-SECOND, TWO THOUSAND FIVE, PLUS ALL SUBSEQUENT ADJUST- MENTS THAT WOULD HAVE BEEN PERMITTED HAD THE HOUSING ACCOMMODATION CONTINUED TO BE SUBJECT TO THIS CHAPTER, OR (II) THE LEGAL RENT AGREED TO BY THE TENANT PURSUANT TO SUBDIVISION (E) OF THIS SECTION, OR (III) SUCH OTHER AMOUNT AS AGREED TO BY THE OWNER AND TENANT IN A WRITING EXECUTED BY THE PARTIES AFTER RECEIPT BY THE TENANT OF THE NOTICE REQUIRED BY SUBDIVISION (C) OF THIS SECTION AND PAYMENT BY OWNER OF THE REFUND AMOUNT, IF ANY, PROVIDED IN SUCH AGREEMENT. (B) WITHIN SIX MONTHS FROM THE EFFECTIVE DATE OF THIS SECTION, THE OWNER OF A HOUSING ACCOMMODATION SUBJECT TO THIS SECTION SHALL OFFER TO REFUND TO THE TENANT RESIDING IN SUCH HOUSING ACCOMMODATION ALL RENT COLLECTED FROM SUCH TENANT IN EXCESS OF THE LEGAL RENT CALCULATED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION. (C) WITHIN NINETY DAYS FROM THE EFFECTIVE DATE OF THIS SECTION, AN OWNER OF A HOUSING ACCOMMODATION SUBJECT TO THIS SECTION SHALL PROVIDE WRITTEN NOTICE TO THE CURRENT TENANT OF THE HOUSING ACCOMMODATION OF: (I) THE FACT THAT THE HOUSING ACCOMMODATION IS SUBJECT TO THIS CHAPTER AS A RESULT OF THE DECISION OF THE NEW YORK STATE COURT OF APPEALS IN ROBERTS V. TISHMAN SPEYER PROPERTIES, L.P. 13 NY3D279; (II) A CALCU- LATION OF THE LEGAL REGULATED RENT FOR THE HOUSING ACCOMMODATION IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION; AND (III) THE TOTAL AMOUNT TO BE REFUNDED PURSUANT TO SUBDIVISION (B) OF THIS SECTION. (D) AN OWNER WHO MAKES A GOOD FAITH CALCULATION OF THE LEGAL RENT AND MAKES A REFUND OFFER IN ACCORDANCE WITH THE REQUIREMENTS OF SUBDIVISION (B) OF THIS SECTION SHALL NOT BE SUBJECT TO ANY OF THE OVERCHARGE PENAL- TIES, INCLUDING INTEREST AND TREBLE DAMAGES, PROVIDED FOR IN SECTION TWELVE OF THIS ACT. (E) WHERE A TENANT OF A HOUSING ACCOMMODATION SUBJECT TO THE PROVISIONS OF THIS SECTION CONSENTS IN WRITING TO THE LEGAL RENT AND REFUND AMOUNT, SET FORTH BY THE OWNER IN THE NOTICE REQUIRED BY SUBDIVI- S. 8050 11 SION (C) OF THIS SECTION, AND THE OWNER MAKES THE REQUIRED REFUND TO THE TENANT, OR AFTER THE NOTICE REQUIRED BY SUBDIVISION (C) OF THIS SECTION THE OWNER AND TENANT ENTER INTO A WRITTEN AGREEMENT PROVIDING FOR A DIFFERENT LEGAL RENT AND REFUND AMOUNT AND THE OWNER MAKES THE REFUND, IF ANY, AGREED TO BY THE PARTIES, THEN NEITHER SUCH LEGAL RENT OR SUCH REFUND AMOUNT, IF ANY, SHALL THEREAFTER BE SUBJECT TO CHALLENGE BY THE TENANT OR ANY SUBSEQUENT TENANT OF THE HOUSING ACCOMMODATION. HOWEVER, IF THE AGREEMENT ENTERED INTO PURSUANT TO THIS SUBDIVISION IS ENTERED INTO IN CONTEMPLATION OF THE TENANT VACATING THE SUBJECT HOUSING ACCOM- MODATION OR ENCOMPASSES SURRENDER OF POSSESSION OF THE HOUSING ACCOMMO- DATION BY THE TENANT, IT SHALL NOT BE BINDING ON SUBSEQUENT TENANTS. (F) IN NO EVENT SHALL A TENANT WHO FILES A COMPLAINT WITH THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SEEKING RELIEF UNDER THE PROVISIONS OF THIS SECTION BE ENTITLED TO A REFUND FOR RENT PAYMENTS MADE MORE THAN FOUR YEARS BEFORE THE COMPLAINT IS FILED. S 15. Any adjustment required by this act by the division of housing and community renewal shall be published by operational bulletin in the state register without further action required for the promulgation of regulations pursuant to the state administrative procedure act and subdivision e of the rent stabilization law section 26-511 of the admin- istrative code of the city of New York. S 16. Paragraph 13 of subdivision c of section 26-511 of the adminis- trative code of the city of New York, as added by chapter 253 of the laws of 1993, is amended to read as follows: (13) provides that an owner is entitled to a rent increase where there has been a substantial modification or increase of dwelling space or an increase in the services, or installation of new equipment or improve- ments or new furniture or furnishings provided in or to a tenant's hous- ing accommodation, on written tenant consent to the rent increase. In the case of a vacant housing accommodation, tenant consent shall not be required. The permanent increase in the legal regulated rent for the affected housing accommodation shall be one-fortieth of the total cost incurred by the landlord in providing such modification or increase in dwelling space, services, furniture, furnishings or equipment, including the cost of installation, but excluding finance charges. Provided further that an owner who is entitled to a rent increase pursuant to this paragraph shall not be entitled to a further rent increase based upon the installation of similar equipment, or new furniture or furnishings within the useful life of such new equipment, or new furni- ture or furnishings. THE OWNER SHALL GIVE WRITTEN NOTICE TO THE DIVISION AND THE TENANT ON FORMS PRESCRIBED BY THE COMMISSIONER OF ANY SUCH ADJUSTMENT PURSUANT TO THIS PARAGRAPH AND THE FAILURE TO PROVIDE SUCH WRITTEN NOTICE AS PROVIDED HEREIN SHALL PRECLUDE THE COLLECTION OF ANY SUCH ADJUSTMENT. S 17. Paragraph 1 of subdivision (d) of section 6 of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, as added by chapter 253 of the laws of 1993, is amended to read as follows: (1) there has been a substantial modification or increase of dwelling space or an increase in the services, or installation of new equipment or improvements or new furniture or furnishings, provided in or to a tenant's housing accommodation, on written tenant consent to the rent increase. In the case of a vacant housing accommodation, tenant consent shall not be required. The permanent increase in the legal regulated rent for the affected housing accommodation shall be one-fortieth of the total cost incurred by the landlord in providing such modification or S. 8050 12 increase in dwelling space, services, furniture, furnishings or equip- ment, including the cost of installation, but excluding finance charges. Provided further [than] THAT an owner who is entitled to a rent increase pursuant to this paragraph shall not be entitled to a further rent increase based upon the installation of similar equipment, or new furni- ture or furnishings within the useful life of such new equipment, or new furniture or furnishings. THE OWNER SHALL GIVE WRITTEN NOTICE TO THE DIVISION AND THE TENANT ON FORMS PRESCRIBED BY THE COMMISSIONER OF ANY SUCH ADJUSTMENT PURSUANT TO THIS PARAGRAPH AND THE FAILURE TO PROVIDE SUCH WRITTEN NOTICE AS PROVIDED HEREIN SHALL PRECLUDE THE COLLECTION OF ANY SUCH ADJUSTMENT. S 18. Subdivision g of section 26-516 of the administrative code of the city of New York is amended to read as follows: g. [Any] EXCEPT AS REQUIRED BY THIS SECTION OR SECTION 26-516.1 OF THIS CHAPTER ANY owner who has duly registered a housing accommodation pursuant to section 26-517 of this chapter shall not be required to maintain or produce any records relating to rentals of such accommo- dation for more than four years prior to the most recent registration or annual statement for such accommodation. S 19. The administrative code of the city of New York is amended by adding a new section 26-516.1 to read as follows: S 26-516.1 CALCULATION OF OVERCHARGE OF RENT. NOTWITHSTANDING ANYTHING IN SECTION 26-516 OF THIS CHAPTER TO THE CONTRARY, WHERE ON THE DATE FOUR YEARS PRIOR TO THE FILING DATE OF A COMPLAINT OF OVERCHARGE THERE WAS A LEASE OR OTHER AGREEMENT IN EFFECT BETWEEN THE OWNER AND THE TENANT PURSUANT TO WHICH THE RENT TO BE PAID BY THE TENANT WAS LESS THAN THE LEGAL RENT, THEN IN SUCH EVENT THE LEGAL RENT FOR PURPOSES OF CALCU- LATING AN OVERCHARGE SHALL BE THE RENT CHARGED ON THE LAST DATE IMME- DIATELY PRECEDING THE DATE FOUR YEARS PRIOR TO THE FILING OF THE OVER- CHARGE COMPLAINT ON WHICH THERE WAS NO SUCH AGREEMENT IN EFFECT, PLUS ALL SUBSEQUENT LAWFUL INCREASES. S 20. Section 213-a of the civil practice law and rules, as amended by chapter 116 of the laws of 1997, is amended to read as follows: S 213-a. Actions to be commenced within four years; residential rent overcharge. An action on a residential rent overcharge shall be commenced within four years of the first overcharge alleged and no determination of an overcharge and no award or calculation of an award of the amount of any overcharge may be based upon an overcharge having occurred more than four years before the action is commenced. This section shall preclude examination of the rental history of the housing accommodation prior to the four-year period immediately preceding the commencement of the action UNLESS ON SUCH DATE THERE WAS A LEASE OR OTHER RENTAL AGREEMENT IN EFFECT BETWEEN THE OWNER AND THE TENANT PURSU- ANT TO WHICH THE RENT THE TENANT WAS OBLIGATED TO PAY WAS LESS THAN LAWFUL RENT, AS AUTHORIZED BY THE EMERGENCY TENANT PROTECTION ACT OR THE NEW YORK CITY RENT STABILIZATION LAW, AS APPLICABLE, AND THEN IN SUCH EVENT THE REVIEWABLE RENTAL HISTORY SHALL BE EXTENDED BEYOND THE FOUR-YEAR PERIOD BACK TO THE LAST DATE ON WHICH THERE WAS NO SUCH AGREE- MENT IN EFFECT. S 21. Paragraph 8 of subdivision a of section 12 of section 4 of chap- ter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, as amended by chapter 403 of the laws of 1983, is amended to read as follows: (8) [Any] EXCEPT AS REQUIRED BY SECTION TWELVE OR TWELVE-B OF THIS ACT, ANY owner who has duly registered a housing accommodation pursuant to section twelve-a of this act shall not be required to maintain or S. 8050 13 produce any records relating to rentals of such accommodation more than four years prior to the most recent registration or annual statement for such accommodation. S 22. Section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, is amended by adding a new section 12-b to read as follows: S 12-B. CALCULATION OF OVERCHARGE OF RENT. NOTWITHSTANDING ANYTHING IN SECTION TWELVE OF THIS ACT TO THE CONTRARY, WHERE ON THE DATE FOUR YEARS PRIOR TO THE FILING DATE OF A COMPLAINT OF OVERCHARGE THERE WAS A LEASE OR OTHER AGREEMENT IN EFFECT BETWEEN THE OWNER AND THE TENANT PURSUANT TO WHICH THE RENT TO BE PAID BY THE TENANT WAS LESS THAN THE LEGAL RENT, THEN IN SUCH EVENT THE LEGAL RENT FOR PURPOSES OF CALCULATING AN OVER- CHARGE SHALL BE THE RENT CHARGED ON THE LAST DATE IMMEDIATELY PRECEDING THE DATE FOUR YEARS PRIOR TO THE FILING OF THE OVERCHARGE COMPLAINT ON WHICH THERE WAS NO SUCH AGREEMENT IN EFFECT, PLUS ALL SUBSEQUENT LAWFUL INCREASES. S 23. 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 ANYTHING IN SUBDIVISION A OF THIS SECTION OR SUBPARAGRAPH (K) OF PARAGRAPH TWO OF SUBDIVISION E OF SECTION 26-403 OF THIS TITLE TO THE CONTRARY, THE FAILURE OF THE OWNER TO COMPLY WITH THE REQUIREMENTS OF SUBDIVISION B OF THIS SECTION SHALL RESULT IN THE HOUS- ING ACCOMMODATION REMAINING SUBJECT TO THE PROVISIONS OF THIS LAW OR THE CITY RENT AND REHABILITATION LAW AT THE LAST REGULATED RENT UNTIL THE OWNER COMPLIES WITH THE REQUIREMENTS OF SUBDIVISION B OF THE SECTION. S 24. The opening paragraph of 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 is desig- nated subparagraph (i) and two new subparagraphs (ii) and (iii) are added to read as follows: (II) THE OWNER OF ANY HOUSING ACCOMMODATION THAT IS NOT SUBJECT TO THIS ACT PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA- GRAPH OR PARAGRAPH (N) OF SUBDIVISION TWO OF SECTION TWO OF THE EMERGEN- CY HOUSING RENT CONTROL LAW SHALL GIVE WRITTEN NOTICE CERTIFIED BY SUCH OWNER TO THE FIRST TENANT OF THAT HOUSING ACCOMMODATION AFTER SUCH HOUS- ING 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 CALCU- LATION 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 THE DEREGULATION RENT, 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 THERE- TO, AND THE ADDRESS AND TELEPHONE NUMBER OF SUCH AGENCY, OR ANY SUCCES- SOR 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 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. S. 8050 14 (III) NOTWITHSTANDING ANYTHING IN SUBPARAGRAPH (I) OF THIS PARAGRAPH OR PARAGRAPH (N) OF SUBDIVISION TWO OF SECTION TWO OF THE EMERGENCY HOUSING RENT CONTROL LAW TO THE CONTRARY, THE FAILURE OF THE OWNER TO COMPLY WITH THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH SHALL RESULT IN THE HOUSING ACCOMMODATION REMAINING SUBJECT TO THE PROVISIONS OF THIS ACT OR THE EMERGENCY HOUSING RENT CONTROL LAW AT THE LAST REGULATED RENT UNTIL THE OWNER COMPLIES WITH THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH. S 25. Paragraph 2 of subdivision a of section 26-516 of the adminis- trative code of the city of New York, as amended by chapter 116 of the laws of 1997, is amended to read as follows: (2) Except as provided under clauses (i) and (ii) of this paragraph, a complaint under this subdivision shall be filed with the state division of housing and community renewal within four years of the first over- charge alleged and no determination of an overcharge and no award or calculation of an award of the amount of an overcharge may be based upon an overcharge having occurred more than four years before the complaint is filed. (i) No penalty of three times the overcharge may be based upon an overcharge having occurred more than two years before the complaint is filed or upon an overcharge which occurred prior to April first, nineteen hundred eighty-four. (ii) Any complaint based upon overcharges occurring prior to the date of filing of the initial rent registration as provided in section 26-517 of this chapter shall be filed within ninety days of the mailing of notice to the tenant of such registration. This paragraph shall preclude examination of the rental history of the housing accommodation prior to the four-year period preceding the filing of a complaint pursuant to this subdivision. NEITHER A COURT NOR THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL EXTEND THE TIME LIMITA- TIONS SET FORTH IN THIS PARAGRAPH OR IN SECTION TWO HUNDRED THIRTEEN-A OF THE CIVIL PRACTICE LAW AND RULES FOR THE CALCULATION OF THE LEGAL REGULATED RENT EXCEPT AS FOLLOWS: (A) TO DETERMINE THE EXISTENCE OF AN ORDER ISSUED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL UNDER THE AUTHORITY OF SECTION 26-514 OF THIS CHAPTER OR SUBDIVISION C OF THIS SECTION, WHICH SUCH ORDER SHALL HAVE THE EFFECT OF FREEZING THE RENT FOR THE HOUSING ACCOMMODATION AS OF THE DATE FOUR YEARS PRIOR TO THE FILING OF THE COMPLAINT UNDER THIS SECTION; (B) DETERMINING THE INCREASE IN RENT AUTHORIZED BY PARAGRAPH FIVE-A OF SUBDIVISION C OF SECTION 26-511 OF THIS CHAPTER; (C) DETERMINING IN ACCORDANCE WITH THE PROVISIONS OF SECTION 26-516.1 OF THIS CHAPTER THE INCREASE IN RENT AUTHORIZED BY PARAGRAPH THIRTEEN OF SUBDIVISION C OF SECTION 26-511 OF THIS CHAPTER; (D) DETERMINING THE AMOUNT OF RENT THAT AN OWNER MAY CHARGE FOR A HOUS- ING ACCOMMODATION UPON RENEWAL OR UPON VACANCY IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH FOURTEEN OF SUBDIVISION C OF SECTION 26-511 OF THIS CHAPTER; (E) EXCEPT IN THE CASE OF DEREGULATION PURSUANT TO SECTION 26-504.1 OR 26-504.2 OF THIS CHAPTER DETERMINING WHETHER THE HOUSING ACCOMMODATION IS SUBJECT TO THIS CHAPTER; AND (F) WHERE THE HOUSING ACCOMMODATION WAS VACANT OR TEMPORARILY EXEMPT FROM REGULATION UNDER THIS CHAPTER ON THE DATE FOUR YEARS PRIOR TO FILING OF A COMPLAINT UNDER THIS SECTION THE LAST LEASE IN EFFECT FOR THE HOUSING ACCOMMODATION PRIOR TO SUCH VACANCY OR PERIOD OF TEMPORARY EXEMPTION FROM REGULATION UNDER THIS CHAPTER MAY BE EXAMINED. S 26. Clause (i) of subparagraph (b) of paragraph 1 of subdivision a of section 12 of section 4 of chapter 576 of the laws of 1974, consti- tuting the emergency tenant protection act of nineteen seventy-four, as amended by chapter 116 of the laws of 1997, is amended to read as follows: S. 8050 15 (i) Except as provided under clauses (ii) and (iii) of this subpara- graph, a complaint under this subdivision shall be filed with the state division of housing and community renewal within four years of the first overcharge alleged and no determination of an overcharge and no award or calculation of an award of the amount of an overcharge may be based upon an overcharge having occurred more than four years before the complaint is filed. This paragraph shall preclude examination of the rental history of the housing accommodation prior to the four-year period preceding the filing of a complaint pursuant to this subdivision. NEITHER A COURT NOR THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL EXTEND THE TIME LIMITATIONS SET FORTH IN THIS PARAGRAPH OR IN SECTION TWO HUNDRED THIRTEEN-A OF THE CIVIL PRACTICE LAW AND RULES FOR THE CALCULATION OF THE LEGAL REGULATED RENT EXCEPT AS FOLLOWS: (A) TO DETER- MINE THE EXISTENCE OF AN ORDER ISSUED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL UNDER THE AUTHORITY OF SECTION SEVEN OF THIS ACT OR PARAGRAPH THREE OF SUBDIVISION A OF THIS SECTION, WHICH, FOR PURPOSES OF CALCULATING THE LAWFUL RENT SUCH ORDER SHALL HAVE THE EFFECT OF FREEZING THE RENT FOR THE HOUSING ACCOMMODATION AS OF THE DATE FOUR YEARS PRIOR TO THE FILING OF THE COMPLAINT UNDER THIS SECTION; (B) DETERMINING THE INCREASE IN RENT AUTHORIZED BY SUBDIVISION A-ONE OF SECTION TEN OF THIS ACT; (C) DETERMINING THE INCREASE IN RENT AUTHORIZED BY PARAGRAPH ONE OF SUBDIVISION D OF SECTION SIX OF THIS ACT; (D) DETERMINING IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWELVE-B OF THIS ACT THE AMOUNT OF RENT THAT AN OWNER MAY CHARGE FOR A HOUSING ACCOMMODATION UPON RENEWAL OR UPON VACANCY IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION A-TWO OF SECTION TEN OF THIS ACT; (E) EXCEPT IN THE CASE OF DEREGULATION PURSUANT TO PARAGRAPHS TWELVE AND THIRTEEN OF SUBDIVISION A OF SECTION FIVE OF THIS ACT, DETERMINING WHETHER THE HOUSING ACCOMMODATION IS SUBJECT TO THIS ACT; AND (F) WHERE THE HOUSING ACCOMMODATION WAS VACANT OR TEMPO- RARILY EXEMPT FROM REGULATION UNDER THIS ACT ON THE DATE FOUR YEARS PRIOR TO FILING OF A COMPLAINT UNDER THIS SECTION THE LAST LEASE IN EFFECT FOR THE HOUSING ACCOMMODATION PRIOR TO SUCH VACANCY OR PERIOD OF TEMPORARY EXEMPTION FROM REGULATION UNDER THIS ACT MAY BE EXAMINED. S 27. Section 17 of chapter 576 of the laws of 1974 amending the emer- gency housing rent control law relating to the control of and stabiliza- tion of rent in certain cases, as amended by chapter 82 of the laws of 2003, is amended to read as follows: S 17. Effective date. This act shall take effect immediately and shall remain in full force and effect until and including the fifteenth day of June [2011] 2019; except that sections two and three shall take effect with respect to any city having a population of one million or more and section one shall take effect with respect to any other city, or any town or village whenever the local legislative body of a city, town or village determines the existence of a public emergency pursuant to section three of the emergency tenant protection act of nineteen seventy-four, as enacted by section four of this act, and provided that the housing accommodations subject on the effective date of this act to stabilization pursuant to the New York city rent stabilization law of nineteen hundred sixty-nine shall remain subject to such law upon the expiration of this act. S 28. Subdivision 2 of section 1 of chapter 274 of the laws of 1946, constituting the emergency housing rent control law, as amended by chap- ter 82 of the laws of 2003, is amended to read as follows: 2. The provisions of this act, and all regulations, orders and requirements thereunder shall remain in full force and effect until and including June 15, [2011] 2019. S. 8050 16 S 29. Section 2 of chapter 329 of the laws of 1963 amending the emer- gency housing rent control law relating to recontrol of rents in the city of Albany, as amended by chapter 82 of the laws of 2003, is amended to read as follows: S 2. This act shall take effect immediately and the provisions of subdivision 6 of section 12 of the emergency housing rent control law, as added by this act, shall remain in full force and effect until and including June 15, [2011] 2019. S 30. Section 10 of chapter 555 of the laws of 1982 amending the general business law and the administrative code of the city of New York relating to conversion of residential property to cooperative or condo- minium ownership in the city of New York, as amended by chapter 82 of the laws of 2003, is amended to read as follows: S 10. This act shall take effect immediately; provided, that the provisions of sections one, two and nine of this act shall remain in full force and effect only until and including June 15, [2011] 2019; provided further that the provisions of section three of this act shall remain in full force and effect only so long as the public emergency requiring the regulation and control of residential rents and evictions continues as provided in subdivision 3 of section 1 of the local emer- gency housing rent control act; provided further that the provisions of sections four, five, six and seven of this act shall expire in accord- ance with the provisions of section 26-520 of the administrative code of the city of New York as such section of the administrative code is, from time to time, amended; provided further that the provisions of section 26-511 of the administrative code of the city of New York, as amended by this act, which the New York City Department of Housing Preservation and Development must find are contained in the code of the real estate industry stabilization association of such city in order to approve it, shall be deemed contained therein as of the effective date of this act; and provided further that any plan accepted for filing by the department of law on or before the effective date of this act shall continue to be governed by the provisions of section 352-eeee of the general business law as they had existed immediately prior to the effective date of this act. S 31. Section 4 of chapter 402 of the laws of 1983 amending the gener- al business law relating to conversions of residential property to coop- erative or condominium ownership in certain municipalities in the coun- ties of Nassau, Westchester and Rockland, as amended by chapter 82 of the laws of 2003, is amended to read as follows: S 4. This act shall take effect immediately; provided, that the provisions of sections one and three of this act shall remain in full force and effect only until and including June 15, [2011] 2019; and provided further that any plan accepted for filing by the department of law on or before the effective date of this act shall continue to be governed by the provisions of section 352-eee of the general business law as they had existed immediately prior to the effective date of this act. S 32. This act shall take effect immediately; provided, however, that: 1. the amendments to subparagraph (j) of paragraph 2 of subdivision e of section 26-403, subdivision (b) of section 26-403.1 and subparagraph (k) of paragraph 2 of subdivision e of section 26-403 of the city rent and rehabilitation law made by sections one, two and ten of this act, respectively, shall remain in full force and effect only as long as the public emergency requiring the regulation and control of residential S. 8050 17 rents and evictions continues, as provided in subdivision 3 of section 1 of the local emergency housing rent control act; 2. the amendments to section 26-504.1, subdivision (b) of section 26-504.3, subdivision a of section 26-504.2, section 26-504.4, paragraph 13 of subdivision c of section 26-511, subdivision g of section 26-516, section 26-516.1, subdivision c of section 26-504.2 and paragraph 2 of subdivision a of section 26-516, of chapter 4 of title 26 of the admin- istrative code of the city of New York made by sections three, four, nine, thirteen, sixteen, eighteen, nineteen, twenty-three and twenty- five of this act, respectively, 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; 3. the amendments to paragraph 12 of subdivision a of section 5, subdivision (b) of section 5-a, paragraph 13 of subdivision a of section 5, section 5-b, paragraph 1 of subdivision (d) of section 6, paragraph 8 of subdivision a of section 12, section 12-b, paragraph 13 of subdivi- sion (a) of section 5, clause (i) of subparagraph (b) of paragraph 1 of subdivision a of section 12 and section 17 of the emergency tenant protection act of nineteen seventy-four made by sections five, six, eleven, fourteen, seventeen, twenty-one, twenty-two, twenty-four, twen- ty-six and twenty-seven of this act, respectively, 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; and 4. the amendments to paragraph (m) of subdivision 2 of section 2, subdivision (b) of section 2-a, paragraph (n) of subdivision 2 of section 2 and subdivision 2 of section 1 of the emergency housing rent control law made by sections seven, eight, twelve and twenty-eight of this act, respectively, shall expire on the same date as such law expires and shall not affect the expiration of such law as provided in subdivision 2 of section 1 of chapter 274 of the laws of 1946.
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