BILL NUMBER: S10687
SPONSOR: JACKSON
 
TITLE OF BILL:
An act to amend the administrative code of the city of New York, in
relation to notice of applications for major capital improvement rent
increases
 
PURPOSE:
This bill seeks to protect tenants by requiring DHCR to inform tenants
that they have the right to respond to a landlord's application for a
major capital improvement rent increase.
 
SUMMARY OF PROVISIONS:
Section 1 amends paragraph 10 of subdivision a of section 26-405.1 of
the administrative code of the city of New York to require the Division
of Housing and Community Renewal to include a statement on the first
page of a notice sent to a tenant that an application for a major capi-
tal improvement rent increase has been filed, which shall inform the
tenant of their right to answer or reply to the application. Such state-
ment shall include information on how a tenant can request an extension
of time to answer or reply, as well as a list of legal services provid-
ers that offer tenant assistance. A tenant shall have thirty days to
rebut a landlord's response to such tenant's answer or reply.
Section 2 provides the effective date.
 
JUSTIFICATION:
When a landlord files an application for a major capital improvement
rent increase, DHCR is required to provide tenants with a notice inform-
ing them of the application. Tenants have sixty days from the date of
mailing to answer or reply. This window gives tenants an important
opportunity to challenge a landlord's claims that the work warrants a
rent increase. However, many tenants who receive this notice may not
realize that they have the right to respond to a landlord's application.
Further, they may not be aware that there are organizations who can help
them file such a response. This lack of awareness makes it more diffi-
cult for tenants to organize around their objections, which exacerbates
a dynamic that is unbalanced in the favor of landlords and increases the
likelihood that tenants will be subjected to an inappropriate rent
increase. This bill will ensure that tenants are aware of their right to
respond and seek legal counsel by including a statement providing this
information on the first page of the notice that a tenant receives when
their landlord files an application for an MCI rent increase.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.