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.