NY S02943

Applies the Housing Stability and Tenant Protection Act of 2019 (HSTPA) rent calculation standards prospectively to all rent stabilized apartments from July 1, 2019 forward, including cases pending before courts or administrative agencies as of June 14, 2019.

Establishes that rents charged prior to June 14, 2019 are calculated under pre-HSTPA law with a four-year lookback period, but expands the fraud exception to include material breaches of duties to disclose rent, regulatory status, or lease information regardless of common law fraud standards.

Presumes fraud in cases involving unlawful apartment deregulation or failure to register apartments as rent stabilized in buildings receiving J-51 or 421-a tax benefits beginning October 1, 2011, unless landlord can prove good faith reliance on administrative or court directives.

Codifies that rent records cannot be destroyed for units that were not properly and timely registered, and presumes registration statements are reliable only if records were lawfully destroyed prior to June 15, 2019, with a rebuttable presumption.

Requires rent calculation using a default fraud formula when an owner has improperly destroyed records necessary to determine legal rent, regulatory status, fraud, willfulness of overcharges, or other tenant protections.