senate Bill S4169A

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current 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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 08, 2019 print number 4169a
Apr 08, 2019 amend (t) and recommit to housing, construction and community development
Mar 04, 2019 referred to housing, construction and community development

Co-Sponsors

view additional co-sponsors

S4169 - Details

See Assembly Version of this Bill:
A5251
Current Committee:
Senate Housing, Construction And Community Development
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

S4169 - 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.

S4169 - Sponsor Memo

S4169 - Bill Text download pdf


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

                                  4169

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              March 4, 2019
                               ___________

Introduced  by  Sen.  MYRIE  -- 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 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-

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

Co-Sponsors

view additional co-sponsors

S4169A (ACTIVE) - Details

See Assembly Version of this Bill:
A5251
Current Committee:
Senate Housing, Construction And Community Development
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

S4169A (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.

S4169A (ACTIVE) - Sponsor Memo

S4169A (ACTIVE) - Bill Text download pdf


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

                                 4169--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              March 4, 2019
                               ___________

Introduced  by  Sens.  MYRIE, BAILEY, HOYLMAN, KRUEGER, RIVERA, SALAZAR,
  SANDERS, STAVISKY -- read twice and ordered printed, and when  printed
  to be committed to the Committee on Housing, Construction and Communi-
  ty   Development   --  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
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-

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

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