Assembly Bill A3874

2017-2018 Legislative Session

Relates to penalties for owners of property who fail to file a proper or timely rent registration statement

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2017-A3874 (ACTIVE) - Details

Current Committee:
Assembly Housing
Law Section:
Emergency Tenant Protection Act of 1974
Laws Affected:
Amd §12, Emerg Ten Prot Act of 1974; amd §26-516, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2015-2016: A2234
2019-2020: A836
2021-2022: A385

2017-A3874 (ACTIVE) - Summary

Relates to penalties for owners of property who fail to file a proper or timely rent registration statement.

2017-A3874 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3874
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Housing
 
 AN ACT to amend the emergency tenant protection act of  nineteen  seven-
   ty-four  and  the  administrative  code  of  the  city of New York, in
   relation to penalties for owners of property who fail to file a proper
   or timely rent registration statement

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  opening paragraph of paragraph 1 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 116 of the laws of 1997, is amended to read as follows:
   Subject to the conditions and limitations of this paragraph, any owner
 of housing accommodations in a city having a population of less than one
 million  or a town or village as to which an emergency has been declared
 pursuant to section three, who, upon complaint of a  tenant  or  of  the
 state  division  of housing and community renewal, is found by the state
 division of housing and community renewal, after a  reasonable  opportu-
 nity to be heard, to have collected an overcharge above the rent author-
 ized  for a housing accommodation subject to this act shall be liable to
 the tenant for a penalty equal to three times the amount of  such  over-
 charge.    [In  no  event  shall  such] A treble damage penalty SHALL be
 assessed against an owner based solely on said owner's failure to file a
 proper or timely initial or annual rent registration statement.  If  the
 owner establishes by a preponderance of the evidence that the overcharge
 was  neither willful nor attributable to his negligence, the state divi-
 sion of housing and community renewal shall establish the penalty as the
 amount of the overcharge plus interest at the rate of  interest  payable
 on  a judgment pursuant to section five thousand four of the civil prac-
 tice law and rules. (i) Except as to complaints filed pursuant to clause
 (ii) of this paragraph, the legal regulated rent for purposes of  deter-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.