S T A T E   O F   N E W   Y O R K
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                                  1454

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 10, 2011
                               ___________

Introduced  by  M.  of  A.  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-h to read as follows:
  S 235-H. 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.
  S 2. The administrative code of the city of New  York  is  amended  by
adding a new section 26-516.1 to read as follows:
  S  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.
                                                           LBD01851-01-1
              

A. 1454                             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.
  S  3.  This  act  shall take effect immediately; and provided that the
addition of section 26-516.1 to chapter 4 of title 26 of the administra-
tive 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.