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NY S07193

Bill

Status

Introduced

6/5/2021

Primary Sponsor

Brian Kavanagh

Click for details

Origin

Senate

2021-2022 General Assembly

AI Summary

  • Apply Housing Stability and Tenant Protection Act (HSTPA) rent calculation standards prospectively from July 1, 2019 for all rent stabilized apartments, even when prior rents were established by courts or administrative agencies.

  • Define fraud for pre-HSTPA periods (before June 14, 2019) as material breaches of duties to disclose rent, regulatory status, or lease information, with presumptions for unlawful deregulations and failure to register J-51 or 421-a buildings after October 1, 2011.

  • Codify pre-HSTPA rules on rent record destruction, allowing destruction only for properly registered units; establish that destroyed records trigger use of default rent calculation formulas for unregistered units.

  • Permit recalculation of post-HSTPA rents even where legal regulated rent for pre-June 14, 2019 periods was determined by courts or agencies, except pre-HSTPA rents lower than HSTPA-permitted levels become the lawful base rent.

  • Allow discovery of any records reasonably necessary to determine legal rent and prevent use of record destruction to eliminate evidence of fraud, willfulness, tenancy duration, or regulatory status.

Legislative Description

Relates to applying the Housing Stability and Tenant Protection Act of 2019 to rent calculations and rent records maintenance and destruction for all rent stabilized apartments.

Last Action

REFERENCE CHANGED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

5/3/2022

Committee Referrals

Housing, Construction, and Community Development5/3/2022
Cities 11/5/2022
Rules6/5/2021

Full Bill Text

No bill text available