Senate Bill S2917

2019-2020 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development 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

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2019-S2917 (ACTIVE) - Details

See Assembly Version of this Bill:
A836
Current Committee:
Senate Housing, Construction And Community Development
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: S6757, A2234
2017-2018: S105, A3874
2021-2022: A385

2019-S2917 (ACTIVE) - Summary

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

2019-S2917 (ACTIVE) - Sponsor Memo

2019-S2917 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2917
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2019
                                ___________
 
 Introduced  by  Sens. HOYLMAN, RIVERA -- read twice and ordered printed,
   and when  printed  to  be  committed  to  the  Committee  on  Housing,
   Construction and Community Development
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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