Section 26-514. Maintenance of services

In  order  to  collect a rent
  adjustment authorized pursuant to the provisions  of  subdivision  d  of
  section  26-510  of  this  chapter  an  owner  must  file with the state
  division  of  housing  and  community  renewal,  on  a  form  which  the
  commissioner  shall prescribe, a written certification that he or she is
  maintaining and will continue to maintain all services furnished on  the
  date  upon  which  the  emergency  tenant  protection  act  of  nineteen
  seventy-four becomes a law or required to be furnished by any state  law
  or  local  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
  for  an  order  requiring  services to be maintained as provided in this
  section, and the commissioner shall so reduce the rent if  it  is  found
  that  the  owner  has  failed to maintain such services. The owner shall
  also be  barred  from  applying  for  or  collecting  any  further  rent
  increases.  The  restoration  of  such  services  shall  result  in  the
  prospective elimination of such sanctions. 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
  commissioner  may  hold  a  hearing  upon  his  or  her  own motion. The
  commissioner may consolidate the proceedings for two or  more  petitions
  applicable to the same building or group of buildings or development. If
  the  commissioner  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.
    * NB Expires April 1, 2012