Senate Bill S8770

2017-2018 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

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Sponsored By

Archive: Last 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

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2017-S8770 (ACTIVE) - Details

See Assembly Version of this Bill:
A9816
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:
2013-2014: A9908
2015-2016: A7310
2019-2020: S2818, A6973
2021-2022: S5708
2023-2024: S2666

2017-S8770 (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.

2017-S8770 (ACTIVE) - Sponsor Memo

2017-S8770 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8770
 
                             I N  S E N A T E
 
                               May 15, 2018
                                ___________
 
 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 (g) to read as follows:
   (G)  UPON THE OFFERING OF A LEASE TO A PROSPECTIVE TENANT, AN OWNER OR
 A LANDLORD SHALL BE REQUIRED TO PROVIDE SUCH TENANT WITH THE  DOCUMENTA-
 TION  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
 JURISDICTION  SHALL  CONSIDER  SUCH  YEAR  OR YEARS WHEN DETERMINING THE
 CURRENT LEGAL REGULATED RENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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