S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2129
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend chapter 576 of the laws of 1974, constituting the  emer-
   gency  tenant  protection act of nineteen seventy-four, in relation to
   providing for the determination of legal regulated base date rent  for
   certain purposes

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of paragraph 1 of  subdivision  a  of
 section 12 of section 4 of chapter 576 of the laws of 1974, constituting
 the emergency tenant protection act of nineteen seventy-four, as amended
 by  section  1  of  part F chapter 36 of the laws of 2019, is amended to
 read as follows:
   Subject to the conditions and limitations of this paragraph, any owner
 of housing accommodations in a city having a population of less than one
 million or a town or village as to which an emergency has been  declared
 pursuant  to  section  three,  who, upon complaint of a tenant or of the
 state division of housing and community renewal, is found by  the  state
 division  of  housing and community renewal, after a reasonable opportu-
 nity to be heard, to have collected an overcharge above the rent author-
 ized for a housing accommodation subject to this act shall be liable  to
 the  tenant  for a penalty equal to three times the amount of such over-
 charge.  If the owner establishes by a  preponderance  of  the  evidence
 that  the  overcharge was neither willful nor attributable to his negli-
 gence, the state division of housing and community renewal shall  estab-
 lish  the  penalty  as the amount of the overcharge plus interest at the
 rate of interest payable on a judgment pursuant to section five thousand
 four of the civil practice law and rules.  After  a  complaint  of  rent
 overcharge  has been filed and served on an owner, the voluntary adjust-
 ment of the rent and/or the voluntary tender of a refund of  rent  over-
 charges shall not be considered by the division of housing and community

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05848-01-3
              

 A. 2129                             2
 
 renewal  or a court of competent jurisdiction as evidence that the over-
 charge was not willful.  (i) Except as to complaints filed  pursuant  to
 clause  (ii) of this paragraph, the legal regulated rent for purposes of
 determining  an  overcharge, shall be deemed to be the rent indicated in
 the most recent reliable annual registration statement for a rent stabi-
 lized tenant filed and served upon the tenant six or more years prior to
 the most recent registration statement, (or, if more recently filed, the
 initial registration statement) plus in each case any subsequent  lawful
 increases  and  adjustments.    The  division  of  housing and community
 renewal  or  a  court  of  competent  jurisdiction,   in   investigating
 complaints  of overcharge and in determining legal regulated rent, shall
 consider all available rent history which  is  reasonably  necessary  to
 make such determinations. IF THERE IS AN OVERCHARGE, THE LEGAL REGULATED
 BASE  DATE  RENT AT THE FOUR-YEAR LOOKBACK SHALL BE DETERMINED BY EITHER
 THE SURVEY SAMPLING METHOD OR THE DEFAULT METHOD IF THERE IS FRAUD. (ii)
 As to complaints filed within ninety days of the initial registration of
 a housing accommodation, the legal regulated rent for purposes of deter-
 mining an overcharge shall be deemed to be the rent charged on the  date
 six  years  prior to the date of the initial registration of the housing
 accommodation (or, if the housing accommodation was subject to this  act
 for  less than six years, the initial legal regulated rent) plus in each
 case, any lawful increases and adjustments. Where the  rent  charged  on
 the  date six years prior to the date of the initial registration of the
 accommodation cannot be established, such rent shall be  established  by
 the division.
   § 2. This act shall take effect immediately.