Cal. Civ. Code § 7
Maintenance of services
Operative Text
§ 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.
Under N.Y. Unconsol. Law (ETPA) § 7, an owner's ability to collect a rent adjustment is conditioned on maintaining the services that were provided when the law took effect or that are otherwise legally required. For properties outside New York City, owners must file a written certification with the New York State Division of Housing and Community Renewal (DHCR) attesting to that maintenance. If an owner fails to uphold those services, DHCR has authority to roll back the rent to its pre-adjustment level, and if an owner knowingly filed a false certification, DHCR may also impose proceeding costs, attorneys' fees, and a penalty of up to $250 per false filing. For properties in New York City, the parallel obligation is governed by the New York City Rent Stabilization Law of 1969.
Plain English — not legal advice.
Under ETPA § 7, operators of covered housing accommodations outside New York City who seek to collect an authorized rent adjustment generally file the required written certification with DHCR confirming that all legally required and historically provided services are being maintained and will continue to be. Compliant operators keep records that substantiate the services being provided, since DHCR may open a proceeding based on a tenant application or on its own motion. Owners who file a false certification face rent abatement, assessed proceeding costs including attorneys' fees, and a monetary penalty of up to $250 per false certification under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ETPA § 7 gives tenants in covered accommodations outside New York City the right to apply directly to DHCR for a rent reduction if an owner has failed to maintain required or historically provided services, with a potential rollback to the rent level before its most recent adjustment. Tenants pursuing this path should be aware that the owner receives a copy of the application and may file an answer, and that either party can request a hearing before DHCR. Tenants who believe their services have been reduced may also explore raising a related defense under Real Property Law § 235-b, consult a local tenant-rights organization, or contact DHCR directly to understand how the two remedies interact under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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