senate Bill S105

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to housing, construction and community development
Jan 04, 2017 referred to housing, construction and community development

Co-Sponsors

S105 (ACTIVE) - Details

Current Committee:
Senate Housing, Construction And Community Development
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:
2015-2016: S6757
2019-2020: S2917

S105 (ACTIVE) - Summary

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

S105 (ACTIVE) - Sponsor Memo

S105 (ACTIVE) - Bill Text download pdf


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

                                   105

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced  by  Sens. HOYLMAN, RIVERA -- 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 times the amount of such over-
charge.   [In no event shall such] A  treble  damage  penalty  SHALL  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 negligence, the state  divi-
sion of housing and community renewal shall establish 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  prac-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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