assembly Bill A836

2019-2020 Legislative Session

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

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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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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to housing
Jan 11, 2019 referred to housing

A836 (ACTIVE) - Details

See Senate Version of this Bill:
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: A2234, S6757
2017-2018: A3874, S105
2021-2022: A385

A836 (ACTIVE) - Summary

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

A836 (ACTIVE) - Bill Text download pdf

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


                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 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


  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 times the amount of  such  over-
charge.    [In  no  event  shall  such] A treble damage penalty SHALL 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
(ii) of this paragraph, the legal regulated rent for purposes of  deter-

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