Assembly Bill A4047

Vetoed By Governor
2023-2024 Legislative Session

Relates to applying the Housing Stability and Tenant Protection Act of 2019 to rent calculations and rent records maintenance and destruction

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Sponsored By

Current Bill Status Via S2943 - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

2023-A4047 - Details

Law Section:
Housing

2023-A4047 - Summary

Relates to applying the Housing Stability and Tenant Protection Act of 2019 to rent calculations and rent records maintenance and destruction for all rent stabilized apartments.

2023-A4047 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4047
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Housing
 
 AN  ACT to apply the Housing Stability and Tenant Protection Act of 2019
   to rent calculations and rent records maintenance and destruction
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings.  The  legislature hereby finds and
 declares that:
   (a) the pool of rent regulated apartments in New York  state  contains
 an unacceptably high number of apartments in which the current rents are
 based  on prior rents that exceeded the legal regulated rent at the time
 they were charged, but for which remedies were limited  under the law in
 effect before the effective date of the  Housing  Stability  and  Tenant
 Protection Act of 2019 (HSTPA);
   (b)  it is public policy prospectively to reduce, insofar as possible,
 those rents to a level in line with what they would  have  been  in  the
 absence of the unlawful rent setting and deregulations that were permit-
 ted  under  prior law to go unremedied, and therefore to impose the rent
 calculation standards of the HSTPA prospectively from the  date  of  its
 enactment,  including in cases where the pre-HSTPA rent has already been
 established by a court or administrative agency;
   (c) the purpose of the prospective  application  of  the  penalty  and
 record  review  provisions  of  the  HSTPA  is  to prevent the perpetual
 collection of unlawful and inflated rents, and to encourage  the  volun-
 tary  registration  of any rent stabilized apartment for which any prior
 annual registration statement has not been filed, and to  encourage  the
 voluntary recalculation of unreliable pre-HSTPA rents;
   (d)  in  light  of  court  decisions  arising under the HSTPA of 2019,
 including REGINA METRO V. DHCR, it is public policy that the legislature
 define clearly the prospective reach of that  law,  and  limit,  to  the
 extent required by the constitution, the retroactive reach of that law;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07241-01-3
              

2023-A4047A - Details

Law Section:
Housing

2023-A4047A - Summary

Relates to applying the Housing Stability and Tenant Protection Act of 2019 to rent calculations and rent records maintenance and destruction for all rent stabilized apartments.

2023-A4047A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4047--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee   on  Housing  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to apply the Housing Stability and Tenant Protection Act of  2019
   to rent calculations and rent records maintenance and destruction

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings.  The  legislature  hereby  finds  and
 declares that:
   (a)  the  pool of rent regulated apartments in New York state contains
 an unacceptably high number of apartments in which the current rents are
 based on prior rents that exceeded the legal regulated rent at the  time
 they were charged, but for which remedies were limited  under the law in
 effect  before  the  effective  date of the Housing Stability and Tenant
 Protection Act of 2019 (HSTPA);
   (b) it is public policy prospectively to reduce, insofar as  possible,
 those  rents  to  a  level in line with what they would have been in the
 absence of the unlawful rent setting and deregulations that were permit-
 ted under prior law to go unremedied, and therefore to impose  the  rent
 calculation  standards  of  the HSTPA prospectively from the date of its
 enactment, including in cases where the pre-HSTPA rent has already  been
 established by a court or administrative agency;
   (c)  the  purpose  of  the  prospective application of the penalty and
 record review provisions of  the  HSTPA  is  to  prevent  the  perpetual
 collection  of  unlawful and inflated rents, and to encourage the volun-
 tary registration of any rent stabilized apartment for which  any  prior
 annual  registration  statement has not been filed, and to encourage the
 voluntary recalculation of unreliable pre-HSTPA rents;
   (d) in light of court decisions  arising  under  the  HSTPA  of  2019,
 including REGINA METRO V. DHCR, it is public policy that the legislature

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07241-03-3
 A. 4047--A                          2
              

co-Sponsors

2023-A4047B (ACTIVE) - Details

Law Section:
Housing

2023-A4047B (ACTIVE) - Summary

Relates to applying the Housing Stability and Tenant Protection Act of 2019 to rent calculations and rent records maintenance and destruction for all rent stabilized apartments.

2023-A4047B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4047--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee   on  Housing  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended  and  recommitted  to  said  committee  --  again
   reported  from  said  committee  with amendments, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to apply the Housing Stability and Tenant Protection Act of  2019
   to rent calculations and rent records maintenance and destruction
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings.  The  legislature  hereby  finds  and
 declares that:
   (a)  the  pool of rent regulated apartments in New York state contains
 an unacceptably high number of apartments in which the current rents are
 based on prior rents that exceeded the legal regulated rent at the  time
 they were charged, but for which remedies were limited  under the law in
 effect  before  the  effective  date of the Housing Stability and Tenant
 Protection Act of 2019 (HSTPA);
   (b) it is public policy prospectively to reduce, insofar as  possible,
 those  rents  to  a  level in line with what they would have been in the
 absence of the unlawful rent setting and deregulations that were permit-
 ted under prior law to go unremedied, and therefore to impose  the  rent
 calculation  standards  of  the HSTPA prospectively from the date of its
 enactment, including in cases where the pre-HSTPA rent has already  been
 established by a court or administrative agency;
   (c)  the  purpose  of  the  prospective application of the penalty and
 record review provisions of  the  HSTPA  is  to  prevent  the  perpetual
 collection  of  unlawful and inflated rents, and to encourage the volun-
 tary registration of any rent stabilized apartment for which  any  prior
 annual  registration  statement has not been filed, and to encourage the
 voluntary recalculation of unreliable pre-HSTPA rents;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07241-04-3
 A. 4047--B                          2
              

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