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S06464 Summary:

BILL NOS06464
 
SAME ASSAME AS A01642
 
SPONSORCLEARE
 
COSPNSR
 
MLTSPNSR
 
Amd §12, Emerg Ten Prot Act of 1974
 
Provides that the determination of legal regulated base date rent at the four-year lookback shall be determined by either the survey sampling method or the default method if there is fraud.
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S06464 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6464
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     March 14, 2025
                                       ___________
 
        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Housing, Construction  and
          Community Development
 
        AN  ACT to amend chapter 576 of the laws of 1974, constituting the emer-
          gency tenant protection act of nineteen seventy-four, in  relation  to
          providing  for the determination of legal regulated base date rent for
          certain purposes
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  opening paragraph of paragraph 1 of subdivision a of
     2  section 12 of section 4 of chapter 576 of the laws of 1974, constituting
     3  the emergency tenant protection act of nineteen seventy-four, as amended
     4  by section 1 of part F chapter 36 of the laws of  2019,  is  amended  to
     5  read as follows:
     6    Subject to the conditions and limitations of this paragraph, any owner
     7  of housing accommodations in a city having a population of less than one
     8  million  or a town or village as to which an emergency has been declared
     9  pursuant to section three, who, upon complaint of a  tenant  or  of  the
    10  state  division  of housing and community renewal, is found by the state
    11  division of housing and community renewal, after a  reasonable  opportu-
    12  nity to be heard, to have collected an overcharge above the rent author-
    13  ized  for a housing accommodation subject to this act shall be liable to
    14  the tenant for a penalty equal to three times the amount of  such  over-
    15  charge.    If  the  owner establishes by a preponderance of the evidence
    16  that the overcharge was neither willful nor attributable to [his] negli-
    17  gence, the state division of housing and community renewal shall  estab-
    18  lish  the  penalty  as the amount of the overcharge plus interest at the
    19  rate of interest payable on a judgment pursuant to section five thousand
    20  four of the civil practice law and rules.  After  a  complaint  of  rent
    21  overcharge  has been filed and served on an owner, the voluntary adjust-
    22  ment of the rent and/or the voluntary tender of a refund of  rent  over-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04191-01-5

        S. 6464                             2
 
     1  charges shall not be considered by the division of housing and community
     2  renewal  or a court of competent jurisdiction as evidence that the over-
     3  charge was not willful.  (i) Except as to complaints filed  pursuant  to
     4  clause  (ii) of this paragraph, the legal regulated rent for purposes of
     5  determining an overcharge, shall be deemed to be the rent  indicated  in
     6  the most recent reliable annual registration statement for a rent stabi-
     7  lized tenant filed and served upon the tenant six or more years prior to
     8  the most recent registration statement, (or, if more recently filed, the
     9  initial  registration statement) plus in each case any subsequent lawful
    10  increases and adjustments.    The  division  of  housing  and  community
    11  renewal   or   a  court  of  competent  jurisdiction,  in  investigating
    12  complaints of overcharge and in determining legal regulated rent,  shall
    13  consider  all  available  rent  history which is reasonably necessary to
    14  make such determinations. If there is an overcharge, the legal regulated
    15  base date rent at the four-year lookback shall be determined  by  either
    16  the survey sampling method or the default method if there is fraud. (ii)
    17  As to complaints filed within ninety days of the initial registration of
    18  a housing accommodation, the legal regulated rent for purposes of deter-
    19  mining  an overcharge shall be deemed to be the rent charged on the date
    20  six years prior to the date of the initial registration of  the  housing
    21  accommodation  (or, if the housing accommodation was subject to this act
    22  for less than six years, the initial legal regulated rent) plus in  each
    23  case,  any  lawful  increases and adjustments. Where the rent charged on
    24  the date six years prior to the date of the initial registration of  the
    25  accommodation  cannot  be established, such rent shall be established by
    26  the division.
    27    § 2. This act shall take effect immediately.
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