N.Y. Emergency Tenant Protection Act 576/74 § 7: Maintenance of services

§ 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. 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.