Legislation
SECTION 957
Enforcement; penalties
Real Property Tax (RPT) CHAPTER 50-A, ARTICLE 9, TITLE 3-A
§ 957. Enforcement; penalties. 1. The attorney general may enforce the
provisions of section nine hundred fifty-three, subdivision one of
section nine hundred fifty-five, or subdivision two of section nine
hundred fifty-six of this title by exercising the powers granted to him
or her by subdivision twelve of section sixty-three of the executive
law.
2. Whenever the court shall determine that a defendant has engaged in
repeated fraudulent or illegal acts, as defined in subdivision twelve of
section sixty-three of the executive law, in violation of section nine
hundred fifty-three, subdivision one of section nine hundred fifty-five
or subdivision two of section nine hundred fifty-six of this title, the
court may impose a civil penalty of not more than one thousand dollars
for each violation of subdivision one, two or four of section nine
hundred fifty-three, subdivision one of section nine hundred fifty-five
or subdivision two of section nine hundred fifty-six of this title and
not more than two hundred fifty dollars for each violation of
subdivision three, five, six, seven, eight or nine of section nine
hundred fifty-three of this title, unless the defendant shows by a
preponderance of the evidence that the violation resulted from a bona
fide error made notwithstanding the maintenance of procedures reasonably
adopted to avoid any such error.
3. In connection with any such proposed application, the attorney
general is authorized to take proof and make a determination of the
relevant facts and to issue subpoenas in accordance with the civil
practice law and rules.
4. Nothing in this section shall preclude a mortgagor from obtaining
any relief or remedy at law or in equity to which such mortgagor may be
entitled, including those remedies and relief provided for in
subdivision one of section nine hundred fifty-six of this title.
provisions of section nine hundred fifty-three, subdivision one of
section nine hundred fifty-five, or subdivision two of section nine
hundred fifty-six of this title by exercising the powers granted to him
or her by subdivision twelve of section sixty-three of the executive
law.
2. Whenever the court shall determine that a defendant has engaged in
repeated fraudulent or illegal acts, as defined in subdivision twelve of
section sixty-three of the executive law, in violation of section nine
hundred fifty-three, subdivision one of section nine hundred fifty-five
or subdivision two of section nine hundred fifty-six of this title, the
court may impose a civil penalty of not more than one thousand dollars
for each violation of subdivision one, two or four of section nine
hundred fifty-three, subdivision one of section nine hundred fifty-five
or subdivision two of section nine hundred fifty-six of this title and
not more than two hundred fifty dollars for each violation of
subdivision three, five, six, seven, eight or nine of section nine
hundred fifty-three of this title, unless the defendant shows by a
preponderance of the evidence that the violation resulted from a bona
fide error made notwithstanding the maintenance of procedures reasonably
adopted to avoid any such error.
3. In connection with any such proposed application, the attorney
general is authorized to take proof and make a determination of the
relevant facts and to issue subpoenas in accordance with the civil
practice law and rules.
4. Nothing in this section shall preclude a mortgagor from obtaining
any relief or remedy at law or in equity to which such mortgagor may be
entitled, including those remedies and relief provided for in
subdivision one of section nine hundred fifty-six of this title.