Bill S1734-2013

Requires landlords to provide notice of rental history upon the signing of a vacancy lease

Requires landlords to provide notice of rental history upon the signing of a vacancy lease for the four years prior to the vacancy.

Details

Actions

  • Jan 8, 2014: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • Jan 9, 2013: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Memo

BILL NUMBER:S1734

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: This bill will require landlords to furnish new tenants with a rental history itemizing the legal rent-regulated price dating back four years.

SUMMARY OF SPECIFIC PROVISIONS: This bill will amend the administrative code of the city of New York to add section 26-517.2. Section 26-517.2a will require an owner to furnish for 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 prior legal regulated rent, if any, which was in effect for the four years immediately prior to the vacancy, 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.

Section 26-517.2b states that upon complaint by the tenant that that he or she was not furnished with a copy of the notice required pursuant to subdivision 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.

JUSTIFICATION: Rent-regulated dwellings have a unique price that is easily computed through specific formulas. This information should be made available to incoming tenants in rent-regulated dwellings in order to ensure they are not mislead into paying more than the legal maximum.

Owners that cannot Provide this information should not be allowed to collect additional rent based on major capitol improvements, previous tenant occupancy or other events that cannot be verified. The nominal financial penalty incurred as a result of an owner's failure to supply necessary documentation will incentivize owners to furnish tenants with accurate and complete rental histories.

PRIOR LEGISLATIVE HISTORY: A.10814 of 2010

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately, provided that the amendment 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 26-520 of such law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1734 2013-2014 Regular Sessions IN SENATE (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.
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.

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