assembly Bill A523A

2017-2018 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

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2018 reported referred to rules
Jun 14, 2018 print number 523b
Jun 14, 2018 amend and recommit to codes
Jun 05, 2018 reported referred to codes
Jun 01, 2018 print number 523a
Jun 01, 2018 amend and recommit to housing
Jan 03, 2018 referred to housing
Jan 09, 2017 referred to housing

A523 - Details

Current Committee:
Assembly Rules
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: A9192
2019-2020: A738
2021-2022: A2332

A523 - Summary

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

A523 - Bill Text download pdf


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

                                   523

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2017
                               ___________

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

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

A523A - Details

Current Committee:
Assembly Rules
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: A9192
2019-2020: A738
2021-2022: A2332

A523A - Summary

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

A523A - Bill Text download pdf


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

                                 523--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2017
                               ___________

Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
  Committee on Housing -- recommitted to the  Committee  on  Housing  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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] UP TO FIVE times the amount of
such overcharge. 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 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

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

A523B (ACTIVE) - Details

Current Committee:
Assembly Rules
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: A9192
2019-2020: A738
2021-2022: A2332

A523B (ACTIVE) - Summary

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

A523B (ACTIVE) - Bill Text download pdf


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

                                 523--B

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2017
                               ___________

Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
  Committee on Housing -- recommitted to the  Committee  on  Housing  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  reported  and referred to the Committee on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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] AT LEAST THREE TIMES THE
AMOUNT, NOT TO EXCEED FIVE times the amount of such  overcharge.  In  no
event  shall such [treble damage] A 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

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