Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 03, 2018 | referred to housing, construction and community development |
Jan 04, 2017 | referred to housing, construction and community development |
senate Bill S122
Sponsored By
Brad Hoylman-Sigal
(D, WF) 47th Senate District
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
Co-Sponsors
Martin Malavé Dilan
(D) 0 Senate District
Jesse Hamilton
(D) 0 Senate District
Liz Krueger
(D, WF) 28th Senate District
S122 (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: S6454
2019-2020: S238
2021-2022: S4637
2023-2024: S2482
S122 (ACTIVE) - Sponsor Memo
BILL NUMBER: S122 TITLE OF BILL : An act to amend the emergency tenant protection act of nineteen seventy-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 SUMMARY OF PROVISIONS : Section 1 amends 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, to increase the penalty for a rent overcharge of a rent-stabilized apartment from three times the amount of the overcharge to five times the amount for a first offense, and ten times the amount for any subsequent overcharges. Section 2 amends the opening paragraph of subdivision a of section 26-516 of the administrative code of the city of New York, as amended by chapter 116 of the laws of 1997, to increase the penalty for a rent overcharge of a rent-stabilized apartment from three times the amount of the overcharge to five times the amount for a first offense, and ten times the amount for any subsequent overcharges.
S122 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 122 2017-2018 Regular Sessions I N S E N A T E (PREFILED) January 4, 2017 ___________ Introduced by Sens. HOYLMAN, DILAN, HAMILTON, KRUEGER -- 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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