S T A T E O F N E W Y O R K
________________________________________________________________________
2002
2009-2010 Regular Sessions
I N A S S E M B L Y
January 14, 2009
___________
Introduced by M. of A. SILVER, V. LOPEZ, JEFFRIES, JACOBS, KELLNER,
BING, ROSENTHAL, O'DONNELL, FARRELL, WRIGHT, N. RIVERA -- Multi-Spon-
sored by -- M. of A. DIAZ, GLICK, HEASTIE, KAVANAGH, ORTIZ, PERRY,
PHEFFER, POWELL, ROBINSON, SPANO -- read once and referred to the
Committee on Housing
AN ACT to amend the administrative code of the city of New York and the
emergency tenant protection act of nineteen seventy-four, in relation
to increasing civil penalties for violations; and to amend chapter 403
of the laws of 1983 amending the emergency tenant protection act of
nineteen seventy-four and other laws in relation to residential tenan-
cies, in relation to making conforming technical changes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs 1 and 2 of subdivision c of section 26-516 of
the administrative code of the city of New York, paragraph 2 as amended
by chapter 116 of the laws of 1997, are amended to read as follows:
(1) to have violated an order of the division the commissioner may
impose by administrative order after hearing, a civil penalty in the
amount of [two hundred fifty] ONE THOUSAND dollars for the first such
offense and [one] TWO thousand dollars for each subsequent offense; or
(2) to have harassed a tenant to obtain vacancy of his or her housing
accommodation, the commissioner may impose by administrative order after
hearing, a civil penalty for any such violation. Such penalty shall be
in the amount of [not less than one] TWO thousand dollars [nor more than
five] FOR A FIRST SUCH OFFENSE AND UP TO TEN thousand dollars for each
[such] SUBSEQUENT offense or for a violation consisting of conduct
directed at the tenants of more than one housing accommodation.
S 2. Paragraph 2 of subdivision c of section 26-516 of the administra-
tive code of the city of New York is amended to read as follows:
(2) to have harassed a tenant to obtain vacancy of his or her housing
accommodation, the commissioner may impose by administrative order after
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05220-01-9
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hearing, a civil penalty for any such violation. Such penalty shall be
in the amount of [up to one] TWO thousand dollars for a first such
offense and up to [twenty-five hundred] TEN THOUSAND dollars for each
subsequent offense or for a violation consisting of conduct directed at
the tenants of more than one housing accommodation.
S 3. Subparagraph (a) of paragraph 2 of subdivision b of section
26-413 of the administrative code of the city of New York, as amended by
chapter 116 of the laws of 1997, is amended to read as follows:
(a) Impose by administrative order after hearing, a civil penalty for
any violation of said section and bring an action to recover same in any
court of competent jurisdiction. Such penalty in the case of a violation
of subdivision d of such section shall be in the amount of [not less
than one] TWO thousand dollars [nor more than five] FOR THE FIRST
OFFENSE AND TEN thousand dollars for each SUBSEQUENT offense or for a
violation consisting of conduct directed at the tenants of more than one
housing accommodation; and in the case of any other violation of such
section in the amount of one [hundred] THOUSAND dollars for the first
such offense and [five hundred] TWO THOUSAND dollars for each subsequent
offense. Such order by the city rent agency shall be deemed a final
determination for the purposes of judicial review as provided in section
26-411 of this chapter. Such action shall be brought on behalf of the
city and any amount recovered shall be paid into the city treasury. Such
right of action may be released, compromised or adjusted by the city
rent agency at any [item] TIME subsequent to the issuance of such admin-
istrative order.
S 4. Subparagraph (a) of paragraph 2 of subdivision b of section
26-413 of the administrative code of the city of New York is amended to
read as follows:
(a) Impose by administrative order after hearing, a civil penalty for
any violation of said section and bring an action to recover same in any
court of competent jurisdiction. Such penalty in the case of a violation
of subdivision d of such section shall be in the amount of [five
hundred] TWO THOUSAND dollars for a first such offense and [one] TEN
thousand dollars for each subsequent offense or for a violation consist-
ing of conduct directed at the tenants of more than one housing accommo-
dation; and in the case of any other violation of such section in the
amount of [one hundred] ONE THOUSAND dollars for the first such offense
and [five hundred] TWO THOUSAND dollars for each subsequent offense.
Such order by the city rent agency shall be deemed a final determination
for the purposes of judicial review as provided in section 26-411 of
this chapter. Such action shall be brought on behalf of the city and any
amount recovered shall be paid into the city treasury. Such right of
action may be released, compromised or adjusted by the city rent agency
at any [item] TIME subsequent to the issuance of such administrative
order.
S 5. Clauses (i) and (ii) of paragraph 3 of subdivision a of section
12 of section 4 of chapter 576 of the laws of 1974 constituting the
emergency tenant protection act of nineteen seventy-four, clause (i) as
amended by chapter 403 of the laws of 1983 and clause (ii) as amended by
chapter 116 of the laws of 1997, are amended to read as follows:
(i) to have violated an order of the division the commissioner may
impose by administrative order after hearing, a civil penalty in the
amount of [two hundred fifty] ONE THOUSAND dollars for the first such
offense and [one] TWO thousand dollars for each subsequent offense; or
(ii) to have harassed a tenant to obtain vacancy of his housing accom-
modation, the commissioner may impose by administrative order after
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hearing, a civil penalty for any such violation. Such penalty shall be
in the amount of [not less than one] TWO thousand dollars [nor more than
five] FOR THE FIRST SUCH OFFENSE AND TEN thousand dollars for each
SUBSEQUENT offense or for a violation consisting of conduct directed at
the tenants of more than one housing accommodation.
S 6. Clause (ii) of paragraph 3 of subdivision a of section 12 of
section 4 of chapter 576 of the laws of 1974 constituting the emergency
tenant protection act of nineteen seventy-four, as amended by chapter
403 of the laws of 1983, is amended to read as follows:
(ii) to have harassed a tenant to obtain vacancy of his housing accom-
modation, the commissioner may impose by administrative order after
hearing, a civil penalty for any such violation. Such penalty shall be
in the amount of [up to one] TWO thousand dollars for [a] THE first such
offense and [up to twenty-five hundred] TEN THOUSAND dollars for each
subsequent offense or for a violation consisting of conduct directed at
the tenants of more than one housing accommodation.
S 7. Section 64 of chapter 403 of the laws of 1983 amending the emer-
gency tenant protection act of nineteen seventy-four and other laws in
relation to residential tenancies, is amended to read as follows:
S 64. This act shall take effect immediately except that sections two
through twelve, fourteen, fifteen, sixteen, eighteen through thirty-
five, forty-one and forty-two shall take effect April first, nineteen
hundred eighty-four, section thirty-six shall take effect September
fist, nineteen hundred eighty-three, section forty shall take effect
August first, nineteen hundred eighty-three and provided that sections
thirty-four and thirty-five shall apply to actions and proceedings
commencing on and after the date on which such sections have become a
law, that sections forty-four, forty-five, forty-eight and fifty-six
shall apply to leases and renewals commencing on and after October
first, nineteen hundred eighty-three and that the division of housing
and community renewal may take required and appropriate actions for
timely implementation of this act; AND PROVIDED FURTHER THAT THE AMEND-
MENTS TO SECTION 4 OF CHAPTER 576 OF THE LAWS OF 1974 CONSTITUTING THE
EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, MADE BY
SECTIONS TWO, THREE, FOUR, FIVE, SIX, FIFTY-THREE, FIFTY-FOUR,
FIFTY-FIVE, FIFTY-FIVE-A, FIFTY-SIX, FIFTY-SEVEN AND FIFTY-EIGHT OF THIS
ACT SHALL NOT AFFECT THE EXPIRATION OF SUCH ACT AND SHALL BE DEEMED TO
EXPIRE THEREWITH.
S 8. This act shall take effect immediately; provided, however, that:
(a) the amendments to section 26-516 of chapter 4 of title 26 of the
administrative code of the city of New York made by sections one and two
of this act shall expire on the same date as such law expires and shall
not affect the expiration of such law as provided under section 26-520
of such law;
(b) the amendments to sections 26-413 of the city rent and rehabili-
tation law made by sections three and four of this act shall remain in
full force and effect only as long as the public emergency requiring the
regulation and control of residential rents and evictions continues, as
provided in subdivision 3 of section 1 of the local emergency housing
rent control act;
(c) the amendments to section 12 of the emergency tenant protection
act of nineteen seventy-four made by sections five and six of this act
shall expire on the same date as such act expires and shall not affect
the expiration of such act as provided in section 17 of chapter 576 of
the laws of 1974;
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(d) the amendments to paragraph (2) of subdivision c of section 26-516
of the administrative code of the city of New York made by section one
of this act shall be subject to the expiration and reversion of such
subdivision pursuant to section 46 of chapter 116 of the laws of 1997,
as amended, when upon such date the provisions of section two of this
act shall take effect;
(e) the amendment to subparagraph (a) of paragraph (2) of subdivision
b of section 26-413 of the administrative code of the city of New York
made by section three of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 46 of chapter 116 of
the laws of 1997, as amended, when upon such date the provisions of
section four of this act shall take effect; and
(f) the amendment to clause (ii) of paragraph (3) of subdivision a of
section 12 of chapter 576 of the laws of 1974 constituting the emergency
tenant protection act of nineteen seventy-four, made by section five of
this act shall be subject to the expiration and reversion of such subdi-
vision pursuant to section 46 of chapter 116 of the laws of 1997, as
amended, when upon such date the provisions of section six of this act
shall take effect.