Requires the division of housing and community renewal to calculate the period of rent reduction due to diminution of services from the date of actual diminution of the services

2025 Regular Session Introduced by Erik Bottcher and 2 co-sponsors

Rent reductions for diminished services must be retroactively applied starting from the actual onset of the service reduction, for the full period affected.

REFERRED TO CODES

Summary of Bill S 9908 (2025-2026 New York Session)

Purpose and intent

The bill requires the New York Division of Housing and Community Renewal (DHCR) to calculate rent reductions due to diminution of services starting from the actual date the diminution of services began, not from when the issue was reported or addressed by DHCR.

In short: rent relief for tenants tied to service reductions must be applied retroactively to the onset of the diminution, for the entire period the services were not fully maintained.

Key provisions

Section 1: Clarifies calculation timing

Any rent reduction attributable to a diminution of services must be considered effective on the date the diminution actually commenced.
The determination ignores delays or later reporting to DHCR or DHCR's subsequent actions; the reduction covers the full period during which services were not maintained in full.

Section 2: Effective date

The measure takes effect immediately upon enactment and applies to all pending and future proceedings.

Legislative text specifies the language: “effective upon the date that the diminution of service commenced, regardless of when the diminution of services was reported… or addressed by the division.”

Who/what is affected

Primarily tenants in DHCR-regulated housing who experience diminution of services that trigger rent reductions.

DHCR as the administering agency responsible for calculating and applying rent reductions.

The provision affects both ongoing (pending) and future rent reduction cases, ensuring uniform retroactive application from the onset of diminished services.

Procedural and timeline aspects

Effective immediately: the act would apply to all current and future cases as soon as enacted.

Administrative impact on DHCR: the agency must determine rent reductions starting from service diminution onset, potentially altering timelines for when reductions are recognized or paid out.

Context and status

Introduced in the New York Senate on April 13, 2026.

Sponsored by Sens. Bottcher, Jackson, and Webb (with Jackson, Webb, and Bottcher listed as co-sponsors).

Passed through initial readings and advanced to third reading (as of May 2026) with prior committee referrals to Housing, Construction and Community Development.

No dollar amounts or quantitative standards are specified in the bill text; the focus is on the timing of rent reduction calculations.

Practical implications

Tenants: clearer, potentially broader retroactive rent relief tied to when service reductions began, which could improve equity in rent adjustments for periods of reduced services.

Landlords/Owners: may face adjusted rent calculations and refunds or credits corresponding to earlier service reductions but may gain clarity on the calculation basis and timing.

Jurisdictional administration: DHCR would implement retroactive calculations starting from the actual service diminution date for all applicable cases.