senate Bill S6454

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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Sponsored By

Current Bill Status - In Senate 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
Jan 13, 2016 referred to housing, construction and community development

Co-Sponsors

S6454 - Details

See Assembly Version of this Bill:
A9192
Current Committee:
Law Section:
Emergency Tenant Protection Act of 1974
Laws Affected:
Amd §12, Emerg Ten Prot Act of 1974; amd §26-516, NYC Ad Cd

S6454 - Summary

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

S6454 - Sponsor Memo

S6454 - Bill Text download pdf

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

                                  6454

                            I N  S E N A T E

                            January 13, 2016
                               ___________

Introduced  by  Sen. HOYLMAN -- 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] 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

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

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