New York A 1642: Provides for the determination of legal regulated base date rent for certain purposes

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A01642 Summary:

BILL NOA01642 

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SAME ASSAME AS S06464

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SPONSORRosenthal

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COSPNSR

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MLTSPNSR

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Amd §12, Emerg Ten Prot Act of 1974

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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.

Go to top A01642 Actions:

BILL NOA01642 

&nbsp

01/10/2025referred to housing

01/07/2026referred to housing

Go to topA01642 Committee&nbspVotes:

Go to topA01642 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01642 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1642

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 10, 2025
 ___________

 Introduced by M. of A. ROSENTHAL -- read once and referred to the
 Committee on Housing

 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-
 23 charges shall not be considered by the division of housing and community

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04191-01-5

 A. 1642 2

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