•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A06839 Summary:

BILL NOA06839
 
SAME ASSAME AS S03198
 
SPONSORBichotte Hermelyn
 
COSPNSRShimsky, Steck
 
MLTSPNSR
 
 
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.
Go to top

A06839 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6839
 
SPONSOR: Bichotte Hermelyn
  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 SPECIFIC 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.   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 other- wise 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: 05/21/2024 referred to housing S.0692 of 2021-2022 (Hoylman): Died in Rules S.0015 of 2019-2020 (Hoylman): Died in Housing; A.8164 of 2019-2020 (Rozic): Died in Cities; S.0094 of 2017-2018 (Hoylman): Died in Cities; S.0498 of 2015-2016 (Hoylman): Died in Cities; S.4884-A of 2013-2014 (Hoylman): Died in-Cities   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: Immediately.
Go to top

A06839 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6839
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 14, 2025
                                       ___________
 
        Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
          the Committee on Housing
 
        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:
 
     1    Section 1. Notwithstanding any law, rule or regulation to the  contra-
     2  ry,  any  rent reduction attributable to diminution of services shall be
     3  calculated by the division of housing and community renewal to be effec-
     4  tive upon the date that the diminution of service commenced,  regardless
     5  of  when the diminution of services was reported to the division or that
     6  date upon which the diminution of services was addressed  by  the  divi-
     7  sion.  Such  rent  reduction shall be applicable to the entire period of
     8  time the services were not maintained in full.
     9    § 2. This act shall take effect immediately and  shall  apply  to  all
    10  pending and future proceedings.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06764-01-5
Go to top