Emergency Tenant Protection Act 576/74

* S 7. Regulation of rents. a. In order to collect a rent
adjustment authorized pursuant to the provisions of subdivision b of
section four, the owner of housing accommodations subject to this act
located in a city having a population of less than one million or a town
or village must file with the state division of housing and community
renewal on a form which it shall prescribe, a written certification that
he is maintaining and will continue to maintain all services furnished
on the date upon which this act becomes a law or required to be
furnished by any law, ordinance or regulation applicable to the
premises. In addition to any other remedy afforded by law, any tenant
may apply to the state division of housing and community renewal for a
reduction in the rent to the level in effect prior to its most recent
adjustment, and the state division of housing and community renewal may
so reduce the rent if it finds that the owner has failed to maintain
such services. The owner shall be supplied with a copy of the
application and shall be permitted to file an answer thereto. A hearing
may be held upon the request of either party, or the state division of
housing and community renewal may hold a hearing upon its own motion.
The state division of housing and community renewal may consolidate the
proceedings for two or more petitions applicable to the same building.
If the state division of housing and community renewal finds that the
owner has knowingly filed a false certification, it shall, in addition
to abating the rent, assess the owner with the reasonable costs of the
proceeding, including reasonable attorneys` fees, and impose a penalty
not in excess of two hundred fifty dollars for each false certification.
The amount of the reduction in rent ordered by the state division of
housing and community renewal under this subdivision shall be reduced by
any credit, abatement or offset in rent which the tenant has received
pursuant to section two hundred thirty-five-b of the real property law,
that relates to one or more conditions covered by such order.
b. In order to collect a rent adjustment authorized pursuant to the
provisions of subdivision c of section four, the owner of housing
accommodations located in a city having a population of more than one
million shall comply with the requirements with respect to the
maintenance of services of the New York city rent stabilization law of
nineteen hundred sixty-nine.
* NB expires June 15, 2011