S T A T E   O F   N E W   Y O R K
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                                  1460

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 10, 2011
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  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  requiring  landlords to provide notice of rental history
  upon the signing of a vacancy lease

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The administrative code of the city of New York is amended
by adding a new section 26-517.2 to read as follows:
  S 26-517.2 NOTICE OF RENTAL HISTORY.  A.  FOR  HOUSING  ACCOMMODATIONS
SUBJECT  TO  THIS  CODE, AN OWNER SHALL FURNISH TO EACH TENANT SIGNING A
VACANCY LEASE, A NOTICE IN A FORM PROMULGATED OR APPROVED BY  THE  STATE
DIVISION  OF  HOUSING  AND  COMMUNITY  RENEWAL  THAT SETS FORTH THE RENT
AMOUNT ACTUALLY PAID BY TENANTS FOR THE FOUR YEARS IMMEDIATELY PRIOR  TO
THE  VACANCY,  IF  ANY, AN EXPLANATION OF HOW THE RENTAL AMOUNT PROVIDED
FOR IN THE VACANCY LEASE HAS BEEN COMPUTED ABOVE THE AMOUNT SHOWN IN THE
MOST RECENT ANNUAL REGISTRATION STATEMENT,  AND  A  STATEMENT  THAT  ANY
INCREASE ABOVE THE AMOUNT SET FORTH IN SUCH REGISTRATION STATEMENT IS IN
ACCORDANCE  WITH  THE ADJUSTMENTS PERMITTED BY THE RENT GUIDELINES BOARD
AND THIS CODE.
  B. UPON COMPLAINT BY THE TENANT THAT HE OR SHE WAS NOT FURNISHED  WITH
A COPY OF THE NOTICE REQUIRED PURSUANT TO SUBDIVISION A OF THIS SECTION,
THE  DIVISION  OF HOUSING AND COMMUNITY RENEWAL SHALL ORDER THE OWNER TO
FURNISH THE NOTICE. IF THE OWNER FAILS TO COMPLY WITHIN TWENTY  DAYS  OF
SUCH  ORDER,  THE  OWNER SHALL NOT BE ENTITLED TO COLLECT ANY GUIDELINES
LEASE ADJUSTMENT AUTHORIZED FOR ANY CURRENT LEASE FROM THE  COMMENCEMENT
DATE  OF  SUCH  LEASE.  THE FURNISHING OF THE NOTICE BY THE OWNER TO THE
TENANT OR HOTEL OCCUPANT SHALL RESULT IN THE ELIMINATION, PROSPECTIVELY,
OF SUCH PENALTY.
  S 2. This act shall take effect immediately; provided that the  amend-
ment  to chapter 4 of title 26 of the administrative code of the city of
New York made by section one of this act shall expire on the  same  date
as  such  law expires and shall not affect the expiration of such law as
provided under section 26-520 of such law.

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01794-01-1