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…

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

• Democratic4

Shown in neutral colors by design; Agora is non-partisan.

◆ The sponsor's argument

Why Erik Bottcher says this is needed

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.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.