Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2020 | referred to housing, construction and community development |
Jan 09, 2019 | referred to housing, construction and community development |
senate Bill S238
2019-2020 Legislative Session
Sponsored By
Brad Hoylman
(D, WF) 27th 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
Your Voice
Actions
Co-Sponsors
Liz Krueger
(D, WF) 28th Senate District
S238 (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
2017-2018: S122
S238 (ACTIVE) - Sponsor Memo
BILL NUMBER: S238 SPONSOR: HOYLMAN TITLE OF BILL: 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 PURPOSE: This bill imposes penalties on property owners who fail to file a proper or timely rent registration statement. SUMMARY OF SPECIFIC 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, consti- tuting the emergency tenant protection act of nineteen seventy-four, as amended by chapter 116 of the law of 1997, to increase the penalty for a
S238 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 238 2019-2020 Regular Sessions I N S E N A T E (PREFILED) January 9, 2019 ___________ Introduced by Sens. HOYLMAN, 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
Comments
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.