S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1822
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the real property law and the administrative code of the
   city of New York, in relation to imposing civil penalties on landlords
   for including unenforceable provisions in residential leases

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  real property law is amended by adding a new section
 235-k to read as follows:
   § 235-K. CIVIL PENALTY. IN ADDITION TO ANY OTHER  REMEDY  PROVIDED  BY
 LAW,  A  COURT  MAY  IMPOSE  A  CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED
 DOLLARS PER VIOLATION, UPON PROOF TO THE SATISFACTION OF THE COURT  THAT
 AN  OWNER  HAS  INCLUDED  IN  A  RESIDENTIAL  LEASE  CLAUSE OR RIDER ANY
 PROVISION THAT IS PROHIBITED UNDER STATE OR LOCAL  LAW,  RENDERING  THAT
 PROVISION  VOID  OR  UNENFORCEABLE.  SUCH CIVIL PENALTY MAY BE SOUGHT BY
 APPLICATION BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
 STATE  OF NEW YORK AND SHALL BE PAYABLE TO THE MUNICIPALITY IN WHICH THE
 SUBJECT PREMISES IS LOCATED.
   § 2. The administrative code of the city of New  York  is  amended  by
 adding a new section 26-516.1 to read as follows:
   §  26-516.1 CIVIL PENALTY. IN ADDITION TO ANY OTHER REMEDY PROVIDED BY
 LAW, THE COMMISSIONER OF THE STATE DIVISION  OF  HOUSING  AND  COMMUNITY
 RENEWAL  MAY  IMPOSE  A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS
 PER VIOLATION, UPON PROOF TO THE SATISFACTION OF THE  COMMISSIONER  THAT
 AN  OWNER  HAS INCLUDED IN A LEASE CLAUSE OR RIDER ANY PROVISION THAT IS
 PROHIBITED UNDER STATE OR LOCAL LAW, RENDERING THAT  PROVISION  VOID  OR
 UNENFORCEABLE.  SUCH  CIVIL  PENALTY  MAY BE RECOVERED BY ADMINISTRATIVE
 ORDER AFTER A HEARING. SUCH ORDER SHALL BE DEEMED A FINAL  DETERMINATION
 FOR  THE  PURPOSES  OF  JUDICIAL REVIEW. SUCH ACTION SHALL BE BROUGHT ON
 BEHALF OF THE CITY AND ANY AMOUNT RECOVERED SHALL BE PAID INTO THE  CITY
 TREASURY.  SUCH PENALTY MAY, UPON THE EXPIRATION OF THE PERIOD FOR SEEK-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06665-01-3
              

 A. 1822                             2
 
 ING 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.
   §  3. This act shall take effect immediately; provided that the amend-
 ment to 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.