Senate Bill S4169A

2019-2020 Legislative Session

Relates to investigation of rent overcharge complaints in rent regulated housing accommodations

download bill text pdf

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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Bill Amendments

co-Sponsors

2019-S4169 - Details

See Assembly Version of this Bill:
A5251
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
New York City Administrative Code
Laws Affected:
Amd §12, Emerg Ten Prot Act of 1974; amd §26-516, NYC Ad Cd; amd §213-a, CPLR

2019-S4169 - Summary

Permits the division of housing and community renewal to investigate rent overcharge complaints in rent regulated housing accommodations by reviewing all rent history beyond four years' prior records as needed.

2019-S4169 - Sponsor Memo

2019-S4169 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4169
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2019
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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 administrative code of the city of New York and the
   emergency tenant protection act of nineteen seventy-four, in  relation
   to investigation of rent overcharge complaints
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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  403  of
 the  laws  of 1983, the opening paragraph and clause (i) of subparagraph
 (b) as amended by chapter 116 of the laws of 1997, is amended to read as
 follows:
   (1) 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
 opportunity to be heard, to have collected an overcharge above the  rent
 authorized  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  overcharge.  In  no  event  shall  such  treble  damage penalty 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2019-S4169A (ACTIVE) - Details

See Assembly Version of this Bill:
A5251
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
New York City Administrative Code
Laws Affected:
Amd §12, Emerg Ten Prot Act of 1974; amd §26-516, NYC Ad Cd; amd §213-a, CPLR

2019-S4169A (ACTIVE) - Summary

Permits the division of housing and community renewal to investigate rent overcharge complaints in rent regulated housing accommodations by reviewing all rent history beyond four years' prior records as needed.

2019-S4169A (ACTIVE) - Sponsor Memo

2019-S4169A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4169--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2019
                                ___________
 
 Introduced  by  Sens.  MYRIE, BAILEY, HOYLMAN, KRUEGER, RIVERA, SALAZAR,
   SANDERS, STAVISKY -- read twice and ordered printed, and when  printed
   to be committed to the Committee on Housing, Construction and Communi-
   ty   Development   --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the administrative code of the city  of  New  York,  the
   emergency tenant protection act of nineteen seventy-four and the civil
   practice  law  and  rules,  in relation to investigation of rent over-
   charge complaints
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. 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 403 of
 the laws of 1983, the opening paragraph and clause (i)  of  subparagraph
 (b) as amended by chapter 116 of the laws of 1997, is amended to read as
 follows:
   (1)  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
 opportunity  to be heard, to have collected an overcharge above the rent
 authorized 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 overcharge. [In no  event  shall  such  treble  damage  penalty  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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