senate Bill S4637A

2021-2022 Legislative Session

Relates to addressing rent overcharge by increasing its penalty

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules 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 (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2022 committed to rules
May 05, 2022 advanced to third reading
May 04, 2022 2nd report cal.
amended (t) 4637a
May 03, 2022 1st report cal.1030
Jan 05, 2022 referred to housing, construction and community development
Feb 08, 2021 referred to housing, construction and community development

Votes

view votes

May 3, 2022 - Housing, Construction and Community Development committee Vote

S4637
8
2
committee
8
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 3, 2022

nay (2)
aye wr (1)

Co-Sponsors

S4637 - Details

Current Committee:
Senate Rules
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
2019-2020: S238

S4637 - Summary

Relates to addressing rent overcharge by increasing its penalty.

S4637 - Sponsor Memo

S4637 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4637
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2021
                                ___________
 
 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  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] AT LEAST THREE TIMES THE
 AMOUNT, NOT TO EXCEED FIVE times the amount of such overcharge.  If  the
 owner establishes by a preponderance of the evidence that the overcharge
 was neither willful nor attributable to his OR HER negligence, the state
 division of housing and community renewal shall establish the penalty as
 the amount of the overcharge plus interest at the rate of interest paya-
 ble  on  a  judgment pursuant to section five thousand four of the civil
 practice law and rules. After a complaint of rent  overcharge  has  been
 filed  and  served  on  an  owner,  the voluntary adjustment of the rent
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

S4637A (ACTIVE) - Details

Current Committee:
Senate Rules
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
2019-2020: S238

S4637A (ACTIVE) - Summary

Relates to addressing rent overcharge by increasing its penalty.

S4637A (ACTIVE) - Sponsor Memo

S4637A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4637--A
     Cal. No. 1030
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2021
                                ___________
 
 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 -- recommitted to the Committee
   on  Housing, Construction and Community Development in accordance with
   Senate Rule 6, sec. 8  --  reported  favorably  from  said  committee,
   ordered  to first report, amended on first report, ordered to a second
   report and ordered reprinted, retaining its  place  in  the  order  of
   second report
 
 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 addressing rent overcharge by increasing its penalty
 
   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] AT LEAST THREE TIMES THE
 AMOUNT, NOT TO EXCEED FIVE times the amount of such overcharge.  If  the
 owner establishes by a preponderance of the evidence that the overcharge
 was neither willful nor attributable to his OR HER negligence, the state
 division of housing and community renewal shall establish the penalty as
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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