NY State Senate Bill 2017-S105

Senate Bill S105

2017-2018 Legislative Session

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

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to housing, construction and community development
Jan 04, 2017	referred to housing, construction and community development

co-Sponsors

2017-S105 (ACTIVE) - Details

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
2019-2020: S2917

2017-S105 (ACTIVE) - Summary

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

2017-S105 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S105

 TITLE OF BILL :

An act to amend the emergency tenant protection act of nineteen
seventy-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

 PURPOSE OR GENERAL IDEA OF BILL :

To encourage building owners to file timely registration documentation
with the state Division of Housing and Community Renewal (DHCR).

 SUMMARY OF SPECIFIC PROVISIONS :

Section one amends 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.

Section two amends the opening paragraph of subdivision a of section
26-516 of the administrative code of the city of New York, as amended
by chapter 116 of the laws of 1997.

Section three sets forth the effective date.

 JUSTIFICATION :

New York's rent-stabilization program signals the enduring commitment
of elected offices to ensure an adequate supply of affordable housing
for low-and-middle-income families. Today, our rent-stabilization laws
continue to shield hard working New Yorkers from the shrinking
occupancy of affordable apartments in New York City.

This informs the agency of the rent that is being charged for a
specific rent-stabilized apartment and ensures that the owner's
correct and up-to-date information is available to the state. A copy
of the registration paperwork is also required to be sent to the
tenant, providing protections against overcharges.

The filing of this paperwork serves many purposes and creating a
penalty for the failure to file will help the State to keep track of
rent-regulated units and empower tenants to assert their rights
relative to their Rent-Regulated leases.

 PRIOR LEGISLATIVE HISTORY :

S.6757 of 2016 (Hoylman): Died in Housing, Construction & Community
Development

 FISCAL IMPLICATIONS :

Unknown.

 EFFECTIVE DATE :
This act shall take effect immediately; provided, however, that the
amendments to the opening paragraph of paragraph 1 of subdivision a of
section 12 of the emergency tenant protection act of nineteen
seventy-four made by section one of this act shall expire on the same
date as such act expires and shall not affect the expiration of such
act as provided in section 17 of chapter 576 of the laws of 1974, and
that the amendments to the opening paragraph of subdivision a of
section 26-516 of chapter 4 of title 26 of the administrative code of
the city of New York made by section two 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.

2017-S105 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    105
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05269-01-7

 S. 105                              2
 
 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-
 mining an overcharge, shall be deemed to be the rent  indicated  in  the
 MOST RECENT annual registration statement filed [four years prior to the
 most  recent  registration  statement,  (or, if more recently filed, the
 initial registration statement)],  plus  in  each  case  any  subsequent
 lawful increases and adjustments. [Where the amount of rent set forth in
 the  annual  rent  registration  statement filed four years prior to the
 most recent registration statement is not challenged within  four  years
 of  its  filing, neither such rent nor service of any registration shall
 be subject to challenge at any time thereafter.] (ii) As  to  complaints
 filed within ninety days of the initial registration of a housing accom-
 modation,  the legal regulated rent for purposes of determining an over-
 charge shall be deemed to be the rent charged on  the  date  four  years
 prior  to  the  date of the initial registration of the housing accommo-
 dation (or, if the housing accommodation was subject  to  this  act  for
 less  than  four  years,  the initial legal regulated rent) plus in each
 case, any lawful increases and adjustments. Where the  rent  charged  on
 the date four years prior to the date of the initial registration of the
 accommodation  cannot  be established, such rent shall be established by
 the division. [Where the amount of rent set forth  in  the  annual  rent
 registration  statement filed four years prior to the most recent regis-
 tration statement is not challenged within four  years  of  its  filing,
 neither  such  rent  nor service of any registration shall be subject to
 challenge at any time thereafter.] (III) FAILURE TO FILE AN ANNUAL  RENT
 REGISTRATION  STATEMENT, SHALL RESULT IN A FINE OF TWO THOUSAND DOLLARS,
 PER UNREGISTERED HOUSING ACCOMMODATION MADE PAYABLE TO THE  STATE  DIVI-
 SION OF HOUSING AND COMMUNITY RENEWAL.
   §  2.  The opening paragraph of subdivision a of section 26-516 of the
 administrative code of the city of New York, as amended by  chapter  116
 of the laws of 1997, is amended to read as follows:
   Subject  to  the  conditions  and limitations of this subdivision, any
 owner of housing accommodations 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 chapter shall  be
 liable  to  the  tenant for a penalty equal to three times the amount of
 such overcharge. [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 timely or proper initial or annual rent  registration  statement.
 If  the  owner  establishes  by a preponderance of the evidence that the
 overcharge was not willful, the state division of housing and  community
 renewal shall establish the penalty as the amount of the overcharge plus
 interest.  (i)  Except as to complaints filed pursuant to clause (ii) of
 this paragraph, the legal regulated rent for purposes of determining  an
 overcharge, shall be the rent indicated in the MOST RECENT annual regis-
 tration  statement  filed [four years prior to the most recent registra-
 tion statement, (or, if more recently filed,  the  initial  registration
 statement)],  plus  in  each  case  any  subsequent lawful increases and
 adjustments. [Where the amount of rent set  forth  in  the  annual  rent
 registration  statement filed four years prior to the most recent regis-
 tration statement is not challenged within four  years  of  its  filing,
 neither  such  rent  nor service of any registration shall be subject to
 challenge at any time thereafter.] (ii) As to  complaints  filed  within
 ninety  days of the initial registration of a housing accommodation, the

 S. 105                              3
 
 legal regulated rent shall be deemed to be the rent charged on the  date
 four  years prior to the date of the initial registration of the housing
 accommodation (or, if the housing  accommodation  was  subject  to  this
 chapter for less than four years, the initial legal regulated rent) plus
 in  each  case,  any  lawful  increases  and adjustments. Where the rent
 charged on the date four years prior to the date of the  initial  regis-
 tration  of  the accommodation cannot be established, such rent shall be
 established by the division.   (III) FAILURE  TO  FILE  AN  ANNUAL  RENT
 REGISTRATION  STATEMENT, SHALL RESULT IN A FINE OF TWO THOUSAND DOLLARS,
 PER UNREGISTERED HOUSING ACCOMMODATION MADE PAYABLE TO THE  STATE  DIVI-
 SION OF HOUSING AND COMMUNITY RENEWAL.
   §  3.  This act shall take effect immediately; provided, however, that
 the amendments to the opening paragraph of paragraph 1 of subdivision  a
 of  section 12 of the emergency tenant protection act of nineteen seven-
 ty-four made by section one of this act shall expire on the same date as
 such act expires and shall not affect the  expiration  of  such  act  as
 provided  in section 17 of chapter 576 of the laws of 1974, and that the
 amendments to the opening paragraph of subdivision a of  section  26-516
 of  chapter  4 of title 26 of the administrative code of the city of New
 York made by section two 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.

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Senate Bill S105

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Sponsored By

Brad Hoylman-Sigal