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Assembly Bill A8512

2019-2020 Legislative Session

Relates to surcharges assessed for the late filing of rent registration statements

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Archive: Last Bill Status - In Assembly Committee

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2019-A8512 (ACTIVE) - Details

Current Committee:
Assembly Housing
Law Section:
Emergency Tenant Protection Act of 1974
Laws Affected:
Amd §12-a, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:
2021-2022: A3080
2023-2024: A403

2019-A8512 (ACTIVE) - Summary

Relates to surcharges assessed for the late filing of rent registration statements; provides that a late filing surcharge shall be one hundred dollars; provides that if the state division of housing and community renewal determines such late registration was willful the surcharge shall be one thousand dollars.

2019-A8512 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8512
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 7, 2019
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Housing
 
 AN ACT to amend the emergency tenant protection act of  nineteen  seven-
   ty-four,  in  relation  to  surcharges assessed for the late filing of
   rent registration statements
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision e of section 12-a 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 253 of the laws of 1993, is
 amended to read as follows:
   e. The failure to file a proper and  timely  initial  or  annual  rent
 registration  statement  shall,  until such time as such registration is
 filed, bar an owner from applying for or collecting any rent  in  excess
 of  the legal regulated rent in effect on the date of the last preceding
 registration statement or if no such statements  have  been  filed,  the
 legal  regulated  rent  in  effect on the date that the housing accommo-
 dation became subject to the registration requirements of this  section.
 The filing of a late registration shall result in the prospective elimi-
 nation  of such sanctions and provided that increases in the legal regu-
 lated rent were lawful except for the failure to file a timely registra-
 tion, the owner, upon the service and filing  of  a  late  registration,
 shall  not be found to have collected an overcharge at any time prior to
 the filing of the late registration. If such late registration is  filed
 subsequent  to the filing of an overcharge complaint, the owner shall be
 assessed a late filing surcharge for each late registration in an amount
 [equal to fifty percent of the timely rent registration  fee]    OF  ONE
 HUNDRED DOLLARS; PROVIDED, HOWEVER, IF THE STATE DIVISION OF HOUSING AND
 COMMUNITY  RENEWAL  DETERMINES  SUCH LATE REGISTRATION WAS WILLFUL, SUCH
 LATE FILING SURCHARGE FOR EACH LATE REGISTRATION SHALL BE  ONE  THOUSAND
 DOLLARS.   THE FILING OF A LATE REGISTRATION SUBSEQUENT TO AN OVERCHARGE
 COMPLAINT SHALL NOT BE A BASIS FOR DETERMINING THAT SUCH LATE FILING WAS
 NOT WILLFUL.
   § 2. This act shall take effect immediately.

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