assembly Bill A5251A

2019-2020 Legislative Session

Relates to investigation of rent overcharge complaints in rent regulated housing accommodations

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Sponsored By

Current 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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 08, 2019 print number 5251a
Apr 08, 2019 amend (t) and recommit to housing
Feb 08, 2019 referred to housing

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A5251 (ACTIVE) - Details

See Senate Version of this Bill:
S4169
Law Section:
New York City Administrative Code
Laws Affected:
Amd §12, Emerg Ten Prot Act of 1974; amd §26-516, NYC Ad Cd; amd §213-a, CPLR

A5251 (ACTIVE) - Summary

Permits the division of housing and community renewal to investigate rent overcharge complaints in rent regulated housing accommodations by reviewing all rent history beyond four years' prior records as needed.

A5251 (ACTIVE) - Bill Text download pdf


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

                                  5251

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2019
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Housing

AN  ACT to amend the administrative code of the city of New York and the
  emergency tenant protection act of nineteen seventy-four, in  relation
  to investigation of rent overcharge complaints

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. 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  403  of
the  laws  of 1983, the opening paragraph and clause (i) of subparagraph
(b) as amended by chapter 116 of the laws of 1997, is amended to read as
follows:
  (1) 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
opportunity to be heard, to have collected an overcharge above the  rent
authorized  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  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
on  a judgment pursuant to section five thousand four of the civil prac-
tice law and rules. (i) Except as to complaints filed pursuant to clause

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

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A5251A (ACTIVE) - Details

See Senate Version of this Bill:
S4169
Law Section:
New York City Administrative Code
Laws Affected:
Amd §12, Emerg Ten Prot Act of 1974; amd §26-516, NYC Ad Cd; amd §213-a, CPLR

A5251A (ACTIVE) - Summary

Permits the division of housing and community renewal to investigate rent overcharge complaints in rent regulated housing accommodations by reviewing all rent history beyond four years' prior records as needed.

A5251A (ACTIVE) - Bill Text download pdf


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

                                 5251--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2019
                               ___________

Introduced  by  M.  of A. DINOWITZ, REYES, TAYLOR, COLTON, JAFFEE, GOTT-
  FRIED, EPSTEIN, SIMON, D'URSO, ARROYO, BLAKE, DE LA ROSA, NIOU, GLICK,
  CRUZ, BARNWELL, M. G. MILLER, HUNTER, MOSLEY, PICHARDO, DAVILA,  RICH-
  ARDSON,  L. ROSENTHAL,  FERNANDEZ,  FRONTUS, BICHOTTE, CARROLL, ORTIZ,
  BARRON, WILLIAMS, PERRY, SEAWRIGHT -- Multi-Sponsored by -- M.  of  A.
  COOK,  NOLAN  -- read once and referred to the Committee on Housing --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the administrative code of the city of New York, the
  emergency tenant protection act of nineteen seventy-four and the civil
  practice law and rules, in relation to  investigation  of  rent  over-
  charge complaints

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. 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  403  of
the  laws  of 1983, the opening paragraph and clause (i) of subparagraph
(b) as amended by chapter 116 of the laws of 1997, is amended to read as
follows:
  (1) 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
opportunity to be heard, to have collected an overcharge above the  rent
authorized  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  overcharge.  [In  no  event  shall  such  treble damage penalty be
assessed against an owner based solely on said owner's failure to file a

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

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