NY State Senate Bill 2025-S4313

Senate Bill S4313

2025-2026 Legislative Session

Tolls the four year statute of limitations look back period on rent overcharges where the owner of a housing accommodation acts in a wrongful or fraudulent manner

download bill text pdf

Current Bill Status - In Senate Committee Housing, Construction And Community Development 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 04, 2025	referred to housing, construction and community development

2025-S4313 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§26-512 & 26-516, NYC Ad Cd; amd §§6 & 12, Emerg Ten Prot Act of 1974; amd §213-a, CPLR
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8770
2019-2020: S2818
2021-2022: S5708
2023-2024: S2666

2025-S4313 (ACTIVE) - Summary

Tolls the four year statute of limitations look back period on rent overcharges where the owner of a housing accommodation acts in a wrongful or fraudulent manner.

2025-S4313 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4313

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York, the
emergency tenant protection act of nineteen seventy-four, and the civil
practice law and rules, in relation to rent overcharges

 
PURPOSE OR GENERAL IDEA OF BILL:

To protect tenants against rent overcharges by allowing a court, or the
Division of Housing and Community Renewal, to consider, in determining
the legal regulated rent, any year when a landlord did not timely file
an annual rent registration statement.

 
SUMMARY OF SPECIFIC PROVISIONS:

Sections one and three, respectively, amend the Administrative Code of
the City of New York and the Emergency Tenant Protection Act to allow a
court or DHCR to consider, in determining the legal regulated rent, any
year where a landlord has not timely filed an annual rent registration

statement.

Sections two and four, respectively, amend the Administrative Code of
the City of New York and the Emergency Tenant Protection Act to require
an owner or a landlord to, upon the offering of a lease to prospective
tenant, provide such tenant with the documentation used to support any
allowable increases in the legal regulated rent during the previous four
years.

Section five amends the Civil Practice Law and Rules to-notwithstanding
the four-year statute of limitations-allow a court to consider, in
determining the legal regulated rent, any year where a landlord has not
timely filed an annual rent registration statement.

 
JUSTIFICATION:

Landlords are required, by statute, to file an annual rent regulation
statement with the Division of Housing-and Community Renewal to support
rent charges to tenants of rent-stabilized units. However, some land-
lords either: 1. outright fail to file-during which years, or those
subsequent, rent overcharges or other abuses can occur; or

2. file multiple backdated annual rent regulation statements in a single
year, and through so doing, can obscure rent overcharges or other
abuses.  Under current law, when a tenant challenges a rent regulation
statement, a court or DHCR cannot consider certain years beyond the
tour-year statute of limitations. However, these years can be relevant
to rent charge abuses-as established by two 2010 New York Court of
Appeals decisions: Cintron v. Calogero and Grimm v. DHCR.  Further, in
most instances, tenants have the least access to information that would
support or justify their rent. On this imbalance of information and
capitalizing on tenants' lack of familiarity with the law, some land-
lords have taken advantage of tenants by overcharging them for rent. As
a matter of clarity in contract, it is critical that both parties-land-
lord and tenant-have the same understanding of the terms of their lease
agreement. To prevent deception or fraud of tenants, this bill would
provide a prospective tenant (only those to whom a landlord chooses to
offer a lease) with the documentation used to support their legal regu-
lated rent, before such tenant signs a lease.

 
PRIOR LEGISLATIVE HISTORY:

2024: S2666

S5708 2022

S 8770 COMRIE Same as A 9816 Taylor

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Essentially, immediately.

2025-S4313 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4313
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2025
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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, the
   emergency tenant protection act  of  nineteen  seventy-four,  and  the
   civil practice law and rules, in relation to rent overcharges
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision a of section 26-516 of
 the administrative code of the city of New York is amended by  adding  a
 new clause (iii) to read as follows:
   (III)  NOTWITHSTANDING THE PROVISIONS OF CLAUSE (I) OF THIS PARAGRAPH,
 FOR ANY YEAR IN WHICH AN OWNER OR A LANDLORD WHO IS REQUIRED TO FILE  AN
 ANNUAL RENT REGISTRATION STATEMENT, HAS FAILED TO TIMELY FILE SUCH ANNU-
 AL  RENT  REGISTRATION  STATEMENT,  THE DIVISION OR A COURT OF COMPETENT
 JURISDICTION SHALL CONSIDER SUCH YEAR  OR  YEARS  WHEN  DETERMINING  THE
 CURRENT LEGAL REGULATED RENT.
   § 2. Section 26-512 of the administrative code of the city of New York
 is amended by adding a new subdivision h to read as follows:
   H. UPON THE OFFERING OF A LEASE TO A PROSPECTIVE TENANT, AN OWNER OR A
 LANDLORD SHALL BE REQUIRED TO PROVIDE SUCH TENANT WITH THE DOCUMENTATION
 USED BY SUCH OWNER OR LANDLORD TO SUPPORT ANY ALLOWABLE INCREASES IN THE
 LEGAL REGULATED RENT DURING THE PREVIOUS FOUR YEARS.
   §  3. Paragraph 1 of subdivision a of section 12 of section 4 of chap-
 ter 576 of the laws of 1974 constituting the emergency tenant protection
 act of nineteen seventy-four is amended by adding a new clause (iii)  to
 read as follows:
   (III)  NOTWITHSTANDING THE PROVISIONS OF CLAUSE (I) OF THIS PARAGRAPH,
 FOR ANY YEAR IN WHICH AN OWNER OR A LANDLORD WHO IS REQUIRED TO FILE  AN
 ANNUAL RENT REGISTRATION STATEMENT, HAS FAILED TO TIMELY FILE SUCH ANNU-
 AL  RENT  REGISTRATION  STATEMENT,  THE DIVISION OR A COURT OF COMPETENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05496-01-5

 S. 4313                             2
 
 JURISDICTION SHALL CONSIDER SUCH YEAR  OR  YEARS  WHEN  DETERMINING  THE
 CURRENT LEGAL REGULATED RENT.
   § 4. Section 6 of section 4 of chapter 576 of the laws of 1974 consti-
 tuting  the  emergency tenant protection act of nineteen seventy-four is
 amended by adding a new subdivision h to read as follows:
   H. UPON THE OFFERING OF A LEASE TO A PROSPECTIVE TENANT, AN OWNER OR A
 LANDLORD SHALL BE REQUIRED TO PROVIDE SUCH TENANT WITH THE DOCUMENTATION
 USED BY SUCH OWNER OR LANDLORD TO SUPPORT ANY ALLOWABLE INCREASES IN THE
 LEGAL REGULATED RENT DURING THE PREVIOUS FOUR YEARS.
   § 5. Section 213-a of the civil practice law and rules, as amended  by
 section  6  of  part  F of chapter 36 of the laws of 2019, is amended to
 read as follows:
   § 213-a. Residential  rent  overcharge.  No  overcharge  penalties  or
 damages  may  be  awarded  for  a  period more than six years before the
 action is commenced or complaint is filed, however, an overcharge  claim
 may  be  filed at any time, and the calculation and determination of the
 legal rent and the amount of the overcharge shall be made in  accordance
 with  the  provisions of law governing the determination and calculation
 of overcharges. A COURT OF COMPETENT  JURISDICTION  SHALL  CONSIDER  ANY
 YEAR  IN  WHICH AN OWNER OR A LANDLORD WHO IS REQUIRED TO FILE AN ANNUAL
 RENT  REGISTRATION STATEMENT,  HAS  FAILED  TO  TIMELY  FILE  SUCH ANNU-
 AL RENT REGISTRATION STATEMENT WHEN DETERMINING THE CURRENT LEGAL  REGU-
 LATED RENT.
   §  6.  This  act shall take effect immediately, and shall apply to any
 action or proceeding pending in any court or any application,  complaint
 or  proceeding  before an administrative agency on the effective date of
 this act, as well as any  action  or  proceeding  commenced  thereafter;
 provided, however, that:
   (a)  the amendments to subdivision a of section 26-516 of the adminis-
 trative 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 section as provided under section 26-520 of  such
 code; and
   (b) the amendments to section 26-512 of the administrative code of the
 city  of  New  York  made by section two of this act shall expire on the
 same date as such law expires and shall not  affect  the  expiration  of
 such section as provided under section 26-520 of such code.

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.