assembly Bill A9192

2015-2016 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 Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 02, 2016 referred to housing

A9192 (ACTIVE) - Details

See Senate Version of this Bill:
S6454
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:
2017-2018: A523, S122
2019-2020: A738, S238
2021-2022: A2332

A9192 (ACTIVE) - Summary

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

A9192 (ACTIVE) - Bill Text download pdf

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

                                  9192

                          I N  A S S E M B L Y

                            February 2, 2016
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Housing

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] FIVE times the amount of such
overcharge FOR A FIRST OFFENSE AND TEN TIMES THE AMOUNT  OF  SUCH  OVER-
CHARGE  FOR  ANY  SUBSEQUENT  OVERCHARGES. In no event shall such treble
damage penalty 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  negli-
gence,  the state division of housing and community renewal shall estab-
lish 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 practice law and rules. (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 deemed to be
the rent indicated in the annual registration statement filed four years

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