S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2701
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2025
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee 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 surcharges assessed for the late filing of rent registration state-
   ments

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision e of section 26-517 of the administrative code
 of the city of New York, as amended by section 1 of part  C  of  chapter
 760 of the laws of 2023, is amended to read as follows:
   e.  The  failure  to  file  a proper and timely initial or annual rent
 registration statement shall, until such time as  such  registration  is
 filed,  bar  an owner from applying for or collecting any rent in excess
 of the legal regulated rent in effect on the date of the last  preceding
 registration  statement  or  if  no such statements have been filed, the
 legal regulated rent in effect on the date  that  the  housing  accommo-
 dation  became subject to the registration requirements of this section.
 The filing of a late registration shall result in the prospective elimi-
 nation of such sanctions and provided that increases in the legal  regu-
 lated rent were lawful except for the failure to file a timely registra-
 tion,  the  owner,  upon  the service and filing of a late registration,
 shall not be found to have collected an overcharge at any time prior  to
 the  filing  of the late registration. In addition to all other require-
 ments set forth in this subdivision, in the event a timely  rent  regis-
 tration is not filed and after notice of such delinquency is provided by
 the  state division of housing and community renewal to the owner in the
 form of electronic mail and mail to the address listed  in  the  owner's
 most recent registration statement, the owner shall be subject to a fine
 of  [five  hundred]  ONE THOUSAND dollars per unregistered unit for each
 month the registration is delinquent. Such a fine shall  be  imposed  by
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05787-01-5
              

 A. 2701                             2
 
 order,  and  such order imposing a fine shall be deemed a final determi-
 nation for the purposes of judicial review.  Such  fine  may,  upon  the
 expiration  of  the period for seeking review pursuant to article seven-
 ty-eight  of  the civil practice law and rules, be docketed and enforced
 in the manner of a judgment of the supreme court by the  state  division
 of housing and community renewal.
   §  2. Subdivision e of section 12-a of section 4 of chapter 576 of the
 laws of 1974, constituting the emergency tenant protection act of  nine-
 teen  seventy-four,  as amended by section 2 of part C of chapter 760 of
 the laws of 2023, is amended to read as follows:
   e. The failure to file a proper and  timely  initial  or  annual  rent
 registration  statement  shall,  until such time as such registration is
 filed, bar an owner from applying for or collecting any rent  in  excess
 of  the legal regulated rent in effect on the date of the last preceding
 registration statement or if no such statements  have  been  filed,  the
 legal  regulated  rent  in  effect on the date that the housing accommo-
 dation became subject to the registration requirements of this  section.
 The filing of a late registration shall result in the prospective elimi-
 nation  of such sanctions and provided that increases in the legal regu-
 lated rent were lawful except for the failure to file a timely registra-
 tion, the owner, upon the service and filing  of  a  late  registration,
 shall  not be found to have collected an overcharge at any time prior to
 the filing of the late registration. In addition to all  other  require-
 ments  set  forth in this subdivision, in the event a timely rent regis-
 tration is not filed and after notice of such delinquency is provided by
 the division of housing and community renewal to the owner in  the  form
 of  electronic  mail  and mail to the address listed in the owner's most
 recent registration statement, the owner shall be subject to a  fine  of
 [five hundred] ONE THOUSAND dollars per unregistered unit for each month
 the  registration  is delinquent. Such a fine shall be imposed by order,
 and such order imposing a fine shall be deemed a final determination for
 the purposes of judicial review. Such fine may, upon the  expiration  of
 the  period  for seeking review pursuant to article seventy-eight of the
 civil practice law and rules, be docketed and enforced in the manner  of
 a judgment of the supreme court by the division of housing and community
 renewal.
   §  3. This act shall take effect immediately; provided that the amend-
 ments to section 26-517 of chapter 4 of title 26 of  the  administrative
 code  of  the  city  of  New  York made by section one 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.