New York Rent Laws
ETPA Table of Contents
The NYS Emergency Tenant Protection Act (1974) [ETPA]
Sec. 7. MAINTENANCE OF SERVICES.
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.
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.
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