This bill has been amended

Bill S4884-2013

Requires the division of housing and community renewal to calculate the period of rent reduction due to diminution of services from the date of actual diminution of the services

Requires the division of housing and community renewal to calculate the period of rent reduction due to diminution of services from the date of actual diminution of the services.

Details

Actions

  • Apr 30, 2013: REFERRED TO CITIES

Memo

BILL NUMBER:S4884

TITLE OF BILL: An act in relation to requiring the division of housing and community renewal to calculate the period of rent reduction due to diminution of services from the date of actual diminution of the services

SUMMARY OF PROVISIONS:

Section One of the legislation states that notwithstanding any law, rule, or regulation to the contrary, any rent reduction attributable to diminution of services shall be calculated by the division of housing and community renewal to be effective upon the date that the diminution of service commenced, regardless of when that diminution of services was reported to the division or the date upon which the diminution of services was addressed by the division Such rent reduction shall be applicable to the entire period in which it is found the services were not maintained in full.

EXISTING LAW: New law.

JUSTIFICATION: This bill directs the Division of Housing and Community Renewal (DHCR) that any rent reduction for diminution of services should be effective for the entire period for which it is found that the services have not been maintained.

Current DHCR policy with respect to rent reductions for regulated tenants who have experienced a diminution of services in their apartment or building is incompatible with the Rent Stabilization Code (RSC), and runs the risk of denying tenants compensation to which they are otherwise entitled.

The DHCR's "Fact Sheet #14: Rent Reductions for Decreased Services" says that rent regulated tenants who experience a decrease in service in an individual apartment or building-wide must first contact the owner about the complaint in writing. If that does not resolve the problem, the tenant may file a complaint with the DHCR. If the evidence indicates that the owner failed to maintain required services, the DHCR can issue a written order that directs the owner to restore services and reduces the rent for the apartment.

It is DHCR's practice, and Fact Sheet #14 states, that "The effective date for rent stabilized tenants is retroactive back to the first day of the month following DHCR's service of the complaint on the owner. For rent controlled tenants, the effective date is the first day of the month after the order is issued." However, if tenants are denied their contractually obligated services, their remedy should not be limited to the period after DHCR has had time to serve notice on the owner.

In fact, Section 2523.4(a)(1) of the RSC provides that "the DHCR shall so reduce the rent for the period for which it is found that the owner has failed to maintain required services." This bill would bring DHCR practice into compliance with the RSC.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: To be determined

LOCAL FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately and shall be deemed to have been in full force and effect on or after January 1, 2013.


Text

STATE OF NEW YORK ________________________________________________________________________ 4884 2013-2014 Regular Sessions IN SENATE April 30, 2013 ___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT in relation to requiring the division of housing and community renewal to calculate the period of rent reduction due to diminution of services from the date of actual diminution of the services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding any law, rule or regulation to the contra- ry, any rent reduction attributable to diminution of services shall be calculated by the division of housing and community renewal to be effec- tive upon the date that the diminution of service commenced, regardless of when the diminution of services was reported to the division or that date upon which the diminution of services was addressed by the divi- sion. Such rent reduction shall be applicable to the entire period of time the services were not maintained in full. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after January 1, 2013.

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