Resolution calling upon the New York State Legislature to introduce and pass, and the Governor to sign, legislation removing the statute of limitations for rent overcharges.

Res. No. 173

Resolution calling upon the New York State Legislature to introduce and pass, and the Governor to sign, legislation removing the statute of limitations for rent overcharges.

By Council Member Levine

      Whereas, There are approximately one million apartments in New York City which are subject to rent control or rent stabilization; and

      Whereas, The New York State Homes and Community Renewal agency is responsible for administering rent regulation laws; and

      Whereas, The rent regulation laws set standards for the legal amount of rent an owner may charge, for increases in rents, for removal of a property from rent regulation, and for evictions; and

      Whereas, If an owner is found to have overcharged a tenant living in a rent stabilized apartment, that owner may be responsible for treble damages; and

      Whereas, In New York City, certain property owners are violating rent regulation laws by charging market rate rents for apartments required to be rent regulated; and

      Whereas, In rent controlled apartments, there is a two year statute of limitation for bringing rent overcharge complaints; and

      Whereas, In rent stabilized apartments there is a four year statute of limitation for bringing rent overcharge complaints, unless there is evidence of fraud; and

      Whereas, If the tenant cannot prove there was a fraudulent scheme to destabilize the apartment, the tenant may have no recourse for years of overcharges; now, therefore, be it

      Resolved, That the Council of the City of New York calls upon the New York State Legislature to introduce and pass, and the Governor to sign, legislation removing the statute of limitations for rent overcharges.

JW/JLC

LS 2392 / Res No. 408

LS 1171

1/3/2018