assembly Bill A385

2021-2022 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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Current 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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2021 referred to housing

A385 (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: A2234
2017-2018: A3874
2019-2020: A836

A385 (ACTIVE) - Summary

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

A385 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    385
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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  section 1 of part F of chapter 36 of the laws of 2019, 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.  A TREBLE DAMAGE PENALTY SHALL  BE  ASSESSED  AGAINST  AN  OWNER
 BASED  SOLELY ON SAID OWNER'S FAILURE TO FILE A TIMELY OR PROPER 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