assembly Bill A738

2019-2020 Legislative Session

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

download bill text pdf

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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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to housing
Jan 09, 2019 referred to housing

A738 (ACTIVE) - Details

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
2017-2018: A523
2021-2022: A2332

A738 (ACTIVE) - Summary

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

A738 (ACTIVE) - Bill Text download pdf


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

                                   738

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  M.  of  A. L. 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] 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
nor  attributable  to  his negligence, the state division of housing and
community renewal shall establish the penalty as the amount of the over-
charge plus interest at the rate  of  interest  payable  on  a  judgment
pursuant  to  section  five  thousand four of the civil practice law and

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