NY State Senate Bill 2009-S2493

Senate Bill S2493

Signed By Governor

2009-2010 Legislative Session

Increases civil penalties for violation of order and harassment of tenants to obtain vacancy of unit

download bill text pdf

Archive: Last Bill Status Via A2002 - Signed by Governor

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 09, 2009	signed chap.480
Sep 29, 2009	delivered to governor
Sep 10, 2009	returned to assembly passed senate 3rd reading cal.963 substituted for s2493
Sep 10, 2009	substituted by a2002 ordered to third reading cal.963 committee discharged and committed to rules
Feb 20, 2009	referred to housing, construction and community development

Votes

- Sep 10, 2009 - Floor Vote
  A2002
  
  57
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Sep 10, 2009
      
      aye (57)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Robach
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      nay (2)
      
      Ranzenhofer
      
      Saland
      
      excused (3)
      
      Bonacic
      
      Foley
      
      Huntley
  Sep 10, 2009 - Rules Committee Vote
  S2493
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Sep 10, 2009
      
      aye (23)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Larkin
      
      Monserrate
      
      Montgomery
      
      Padavan
      
      Parker
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      aye wr (1)
      
      Saland

co-Sponsors

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2009-S2493 (ACTIVE) - Details

See Assembly Version of this Bill:: A2002
Law Section:: New York City Administrative Code
Laws Affected:: Amd §§26-516 & 26-413, NYC Ad Cd; amd §§12 & 64, Emerg Ten Prot Act

2009-S2493 (ACTIVE) - Summary

Amends the administrative code of the city of New York and the emergency tenant protection act of nineteen hundred seventy-four, in relation to civil penalties imposed for violation of administrative orders or for harassment of tenants to obtain vacancy of unit.

2009-S2493 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2493

 TITLE OF BILL :
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 increasing civil penalties for violations; and to amend
chapter 403 of the laws of 1983 amending the emergency tenant
protection act of nineteen seventy-four and other laws in relation to
residential tenancies, in relation to making conforming technical
changes


 PURPOSE OF THE BILL :
This bill would increase the penalties for tenant harassment by owners
and for violation of an order of the Commissioner of the Division of
Housing and Community Renewal.

 SUMMARY OF PROVISIONS :
Sections 1, 3 and 5 of the bill amend, respectively, §26-516(c)(1) and
(2) of the Administrative Code of the City of New York (the Rent
Stabilization Law of 1969), §26-413(b)(2)(a) of the Administrative
Code of the City of New York (the City Rent and Rehabilitation Law),
and § 12(a)(3)(i) and (ii) of §4 of Chapter 576 of the Laws of 1974,
constituting the Emergency Tenant Protection Act of 1974 (Unconsol.
Law §86.32(a)(3)(i) and (ii)), all as amended by the Rent Regulation
Reform Act of 1997, to: (1) increase the penalties for a violation of

an order of the Commissioner to $1,000 for a first offense and to
$2,000 for each subsequent offense; and (2) increase the penalties for
tenant harassment by owners to $2,000 for a first offense and up to
$10,000 for each subsequent offense.

Sections 2 and 6 of the bill amend, respectively, §26-516(e)(2) of the
Administrative Code of the City of New York (the Rent Stabilization
Law of 1969) and §12(a)(3)(ii) of §4 of Chapter 576 of the Laws of
1974, constituting the Emergency Tenant Protection Act of 1974
(Unconsol. Law §86.32(a)(3)(ii)), as these sections will be in effect
upon expiration of the amendments made by the Rent Regulation Reform
Act of 1997, to increase the penalties for tenant harassment by owners
to $2,000 for a first offense and up to $10,000 for each subsequent
offense.

Section 4 of the bill amends §26-413(b)(2)(a) of the Administrative
Code of the City of New York (the City Rent and Rehabilitation Law),
as this section will be in effect upon expiration of the amendments
made by the Rent Regulation Reform Act of 1997, to (1) increase the
penal ties for a violation of an order of the Commissioner to $ 1,000
for a first offense and to $2000 for each subsequent offense; and (2)
increase the penalties for tenant harassment by owners to $2,000 for a
first offense and up to $10,000,00 for each subsequent offense.

Section 7 of the bill amends §64 of Chapter 403 of the Laws of 1983 to
make technical corrections related to provisions of the Emergency
Tenant Protection Act of 1974.

Section 8 of the bill provides for an immediate effective date, and
further provides that the amendments to the rent laws made by this
bill will not affect the expiration of those laws.

 EXISTING LAW :
Under the Rent Stabilization Law of 1969 and the Emergency Tenant
Protection Act of 1974, the penalty for violation of an order of the
Commissioner is $250 for a first offense and $1,000 for each
subsequent offense, Under the City Rent and Rehabilitation Law, the
penalty for such violations is $100 for a first offense and $500 for
each subsequent offense, pursuant to amendments made by the Rent
Regulation Reform Act of 1997, which will sunset on June 15, 2011,
under the Rent Stabilization Law of 1969, the City Rent and
Rehabilitation Law and the Emergency Tenant Protection Act of 1974,
the penalty for tenant harassment is not less than $1,000 or more than
$5,000. When these provisions expire, the penalty for tenant
harassment under the Rent Stabilization Law of 1969 and the Emergency
Tenant protection Act of 1974 will be up to $1,000 for a first offense
and up to $2,500 for subsequent offenses. Under the City Rent and
Rehabilitation Law, the penalty will be $500 for a first offense and
$1,000 for subsequent offenses.

 STATEMENT IN SUPPORT :

The civil penalty provisions of the rent laws are intended to function
both as a deterrent against violations of the rent laws, including the
egregious conduct of tenant harassment and as an appropriate sanction
for the violations that do occur. The penalty for violation of an
order of the Commissioner has remained the same since 1984 a period of
23 years.  The penalties for tenant harassment have not been updated
since 1997, a period of more than 10 years.  Increased penalties are
needed to ensure that they will continue to be all effective deterrent
and a meaningful sanction for violations of the rent laws.

 PRIOR LEGISLATIVE HISTORY :
This is a new bill.

 BUDGET IMPLICATIONS :
In recent years, the fines for violating the rent laws have generated
revenues less than $25,000 year in state revenues for the General
Fund.  The penalty increases proposed by this bill would likely
generate very minimal additional state revenues.

 EFFECTIVE DATE :
This bill would take effect immediately, and the amendments made by
the bill would not affect the expiration of the underlying rent laws.

2009-S2493 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2493

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 20, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- 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 increasing civil penalties for violations; and to amend chapter 403
  of  the  laws  of 1983 amending the emergency tenant protection act of
  nineteen seventy-four and other laws in relation to residential tenan-
  cies, in relation to making conforming technical changes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs  1 and 2 of subdivision c of section 26-516 of
the administrative code of the city of New York, paragraph 2 as  amended
by chapter 116 of the laws of 1997, are amended to read as follows:
  (1)  to  have  violated  an order of the division the commissioner may
impose by administrative order after hearing, a  civil  penalty  in  the
amount  of  [two  hundred fifty] ONE THOUSAND dollars for the first such
offense and [one] TWO thousand dollars for each subsequent offense; or
  (2) to have harassed a tenant to obtain vacancy of his or her  housing
accommodation, the commissioner may impose by administrative order after
hearing,  a  civil penalty for any such violation. Such penalty shall be
in the amount of [not less than one] TWO thousand dollars [nor more than
five] FOR A FIRST SUCH OFFENSE AND UP TO TEN thousand dollars  for  each
[such]  SUBSEQUENT  offense  or  for  a  violation consisting of conduct
directed at the tenants of more than one housing accommodation.
  S 2. Paragraph 2 of subdivision c of section 26-516 of the administra-
tive code of the city of New York is amended to read as follows:
  (2) to have harassed a tenant to obtain vacancy of his or her  housing
accommodation, the commissioner may impose by administrative order after
hearing,  a  civil penalty for any such violation. Such penalty shall be
in the amount of [up to one] TWO  thousand  dollars  for  a  first  such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05220-01-9

S. 2493                             2

offense  and  up  to [twenty-five hundred] TEN THOUSAND dollars for each
subsequent offense or for a violation consisting of conduct directed  at
the tenants of more than one housing accommodation.
  S  3.  Subparagraph  (a)  of  paragraph  2 of subdivision b of section
26-413 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:
  (a) Impose by administrative order after hearing, a civil penalty  for
any violation of said section and bring an action to recover same in any
court of competent jurisdiction. Such penalty in the case of a violation
of  subdivision  d  of  such section shall be in the amount of [not less
than one] TWO thousand dollars  [nor  more  than  five]  FOR  THE  FIRST
OFFENSE  AND  TEN  thousand dollars for each SUBSEQUENT offense or for a
violation consisting of conduct directed at the tenants of more than one
housing accommodation; and in the case of any other  violation  of  such
section  in  the  amount of one [hundred] THOUSAND dollars for the first
such offense and [five hundred] TWO THOUSAND dollars for each subsequent
offense.  Such order by the city rent agency shall  be  deemed  a  final
determination for the purposes of judicial review as provided in section
26-411  of  this  chapter. Such action shall be brought on behalf of the
city and any amount recovered shall be paid into the city treasury. Such
right of action may be released, compromised or  adjusted  by  the  city
rent agency at any [item] TIME subsequent to the issuance of such admin-
istrative order.
  S  4.  Subparagraph  (a)  of  paragraph  2 of subdivision b of section
26-413 of the administrative code of the city of New York is amended  to
read as follows:
  (a)  Impose by administrative order after hearing, a civil penalty for
any violation of said section and bring an action to recover same in any
court of competent jurisdiction. Such penalty in the case of a violation
of subdivision d of such  section  shall  be  in  the  amount  of  [five
hundred]  TWO  THOUSAND  dollars  for a first such offense and [one] TEN
thousand dollars for each subsequent offense or for a violation consist-
ing of conduct directed at the tenants of more than one housing accommo-
dation; and in the case of any other violation of such  section  in  the
amount  of [one hundred] ONE THOUSAND dollars for the first such offense
and [five hundred] TWO THOUSAND dollars  for  each  subsequent  offense.
Such order by the city rent agency shall be deemed a final determination
for  the  purposes  of  judicial review as provided in section 26-411 of
this chapter. Such action shall be brought on behalf of the city and any
amount recovered shall be paid into the city  treasury.  Such  right  of
action  may be released, compromised or adjusted by the city rent agency
at any [item] TIME subsequent to the  issuance  of  such  administrative
order.
  S  5.  Clauses (i) and (ii) of paragraph 3 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, clause (i) as
amended by chapter 403 of the laws of 1983 and clause (ii) as amended by
chapter 116 of the laws of 1997, are amended to read as follows:
  (i) to have violated an order of the  division  the  commissioner  may
impose  by  administrative  order  after hearing, a civil penalty in the
amount of [two hundred fifty] ONE THOUSAND dollars for  the  first  such
offense and [one] TWO thousand dollars for each subsequent offense; or
  (ii) to have harassed a tenant to obtain vacancy of his housing accom-
modation,  the  commissioner  may  impose  by administrative order after
hearing, a civil penalty for any such violation. Such penalty  shall  be
in the amount of [not less than one] TWO thousand dollars [nor more than

S. 2493                             3

five]  FOR  THE  FIRST  SUCH  OFFENSE  AND TEN thousand dollars for each
SUBSEQUENT offense or for a violation consisting of conduct directed  at
the tenants of more than one housing accommodation.
  S  6.  Clause  (ii)  of  paragraph 3 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, is amended to read as follows:
  (ii) to have harassed a tenant to obtain vacancy of his housing accom-
modation, the commissioner may  impose  by  administrative  order  after
hearing,  a  civil penalty for any such violation. Such penalty shall be
in the amount of [up to one] TWO thousand dollars for [a] THE first such
offense and [up to twenty-five hundred] TEN THOUSAND  dollars  for  each
subsequent  offense or for a violation consisting of conduct directed at
the tenants of more than one housing accommodation.
  S 7. Section 64 of chapter 403 of the laws of 1983 amending the  emer-
gency  tenant  protection act of nineteen seventy-four and other laws in
relation to residential tenancies, is amended to read as follows:
  S 64. This act shall take effect immediately except that sections  two
through  twelve,  fourteen,  fifteen,  sixteen, eighteen through thirty-
five, forty-one and forty-two shall take effect  April  first,  nineteen
hundred  eighty-four,  section  thirty-six  shall  take effect September
fist, nineteen hundred eighty-three, section  forty  shall  take  effect
August  first,  nineteen hundred eighty-three and provided that sections
thirty-four and thirty-five  shall  apply  to  actions  and  proceedings
commencing  on  and  after the date on which such sections have become a
law, that sections forty-four,  forty-five,  forty-eight  and  fifty-six
shall  apply  to  leases  and  renewals  commencing on and after October
first, nineteen hundred eighty-three and that the  division  of  housing
and  community  renewal  may  take  required and appropriate actions for
timely implementation of this act; AND PROVIDED FURTHER THAT THE  AMEND-
MENTS  TO  SECTION 4 OF CHAPTER 576 OF THE LAWS OF 1974 CONSTITUTING THE
EMERGENCY TENANT  PROTECTION  ACT  OF  NINETEEN  SEVENTY-FOUR,  MADE  BY
SECTIONS   TWO,   THREE,   FOUR,  FIVE,  SIX,  FIFTY-THREE,  FIFTY-FOUR,
FIFTY-FIVE, FIFTY-FIVE-A, FIFTY-SIX, FIFTY-SEVEN AND FIFTY-EIGHT OF THIS
ACT SHALL NOT AFFECT THE EXPIRATION OF SUCH ACT AND SHALL BE  DEEMED  TO
EXPIRE THEREWITH.
  S 8. This act shall take effect immediately; provided, however, that:
  (a)  the  amendments to section 26-516 of chapter 4 of title 26 of the
administrative code of the city of New York made by sections one and 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;
  (b) the amendments to sections 26-413 of the city rent  and  rehabili-
tation  law  made by sections three and four of this act shall remain in
full force and effect only as long as the public emergency requiring the
regulation and control of residential rents and evictions continues,  as
provided  in  subdivision  3 of section 1 of the local emergency housing
rent control act;
  (c) the amendments to section 12 of the  emergency  tenant  protection
act  of  nineteen seventy-four made by sections five and six 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;
  (d) the amendments to paragraph (2) of subdivision c of section 26-516
of the administrative code of the city of New York made by  section  one
of  this  act  shall  be subject to the expiration and reversion of such

S. 2493                             4

subdivision pursuant to section 46 of chapter 116 of the laws  of  1997,
as  amended,  when  upon such date the provisions of section two of this
act shall take effect;
  (e)  the amendment to subparagraph (a) of paragraph (2) of subdivision
b of section 26-413 of the administrative code of the city of  New  York
made by section three of this act shall be subject to the expiration and
reversion  of  such subdivision pursuant to section 46 of chapter 116 of
the laws of 1997, as amended, when upon  such  date  the  provisions  of
section four of this act shall take effect; and
  (f)  the amendment to clause (ii) of paragraph (3) of subdivision a of
section 12 of chapter 576 of the laws of 1974 constituting the emergency
tenant protection act of nineteen seventy-four, made by section five  of
this act shall be subject to the expiration and reversion of such subdi-
vision  pursuant  to  section  46 of chapter 116 of the laws of 1997, as
amended, when upon such date the provisions of section six of  this  act
shall take effect.

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