Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 27, 2010 |
referred to housing |
Assembly Bill A10867
2009-2010 Legislative Session
Sponsored By
ESPAILLAT
Archive: Last Bill Status - In Assembly 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
co-Sponsors
Micah Kellner
Marcos Crespo
Earlene Hooper
multi-Sponsors
Joan Millman
Annette Robinson
2009-A10867 (ACTIVE) - Details
- See Senate Version of this Bill:
- S1541
- Current Committee:
- Assembly Housing
- Law Section:
- New York City Administrative Code
- Laws Affected:
- Amd ยง26-514, NYC Ad Cd
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A6410, S2727
2013-2014: A2187, S494
2015-2016: A5585, S4164
2017-2018: A3705, S5164
2019-2020: S2656
2009-A10867 (ACTIVE) - Summary
Provides that a rent reduction made pursuant to the rent stabilization law of 1969 and based upon a reduction in services provided by a landlord shall be retroactive to the date occurring 30 days after the date upon which the tenant applied to the division of housing and community renewal for such a reduction.
2009-A10867 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10867 TITLE OF BILL: An act to amend the administrative code of the city of New York, in relation to rent reduction based upon a failure to maintain services for purposes of the rent stabilization law of nineteen hundred sixty-nine SPECIFIC PROVISIONS: Section 2E-514 of the administrative code of the city of New York as amended by chapter 116 of the laws of 1997 is amended. PURPOSE OR GENERAL IDEA OF BILL: To eliminate the discriminatory prac- tice of granting an owner a major capital improvement increase retroac- tive to 30 days after the filing data while, at the same time, limiting tenants to a rent reduction only when the decrease in services order is issued. JUSTIFICATION: Presently, when an owner applies for a major capital improvement increase, he or she is granted the increase retroactive to thirty days after filing for it. Et is clearly inequitable that when a tenant files for a rent reduction, based on a decrease in services, that the tenant only gets the reduction from the data an order is issued by the District Rent Administrator, and not retroactive to thirty days after the tenant has filed his or her complaint. Currently, the State Division of Housing and Community Renewal has a
2009-A10867 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10867 I N A S S E M B L Y April 27, 2010 ___________ Introduced by M. of A. ESPAILLAT -- read once and referred to the Committee on Housing AN ACT to amend the administrative code of the city of New York, in relation to rent reduction based upon a failure to maintain services for purposes of the rent stabilization law of nineteen hundred sixty- nine THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 26-514 of the administrative code of the city of New York, as amended by chapter 116 of the laws of 1997, is amended to read as follows: S 26-514 Maintenance of services. In order to collect a rent adjust- ment authorized pursuant to the provisions of subdivision d of section 26-510 of this chapter an owner must file with the state division of housing and community renewal, on a form which the commissioner shall prescribe, a written certification that he or she is maintaining and will continue to maintain all services furnished on the date upon which the emergency tenant protection act of nineteen seventy-four becomes a law or required to be furnished by any state law or local law, ordinance or regulation applicable to the premises. In addition to any other reme- dy afforded by law, any tenant may apply to the state division of hous- ing and community renewal, for a reduction in the rent to the level in effect prior to its most recent adjustment and for an order requiring services to be maintained as provided in this section, and the commis- sioner shall so reduce the rent if it is found that the owner has failed to maintain such services. SUCH REDUCTION SHALL BE RETROACTIVE TO THE DATE OCCURRING THIRTY DAYS AFTER THE DATE UPON WHICH THE TENANT APPLIED TO THE DIVISION FOR SUCH A REDUCTION. The owner shall also be barred from applying for or collecting any further rent increases. The restora- tion of such services shall result in the prospective elimination of such sanctions. The owner shall be supplied with a copy of the applica- tion and shall be permitted to file an answer thereto. A hearing may be held upon the request of either party, or the commissioner may hold a hearing upon his or her own motion. The commissioner may consolidate the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.