S T A T E   O F   N E W   Y O R K
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                                  1734

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  ESPAILLAT,  KRUEGER,  PERKINS  --  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, 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.

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

                                                           LBD02021-01-3

S. 1734                             2

  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.