Senate Bill S5321

2021-2022 Legislative Session

Increases the maximum civil penalty

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-S5321 (ACTIVE) - Details

See Assembly Version of this Bill:
A9846
Current Committee:
Assembly Housing
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1308, RPAP L
Versions Introduced in Other Legislative Sessions:
2017-2018: S5054
2019-2020: S2700
2023-2024: S5706, A393

2021-S5321 (ACTIVE) - Summary

Relates to increasing the maximum civil penalty from $500 to $1000 per day per property for each day the mortgagee or agent of the mortgagee has been in violation.

2021-S5321 (ACTIVE) - Sponsor Memo

2021-S5321 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5321
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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  real  property  actions and proceedings law, in
   relation to increasing the maximum civil penalty

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (a) of subdivision 8 of section 1308 of the real
 property actions and proceedings law, as added by section 1 of part Q of
 chapter 73 of the laws of 2016, is amended to read as follows:
   (a) Violations of this section may be heard before a  hearing  officer
 or  a  court of competent jurisdiction. If it shall appear to the satis-
 faction of the hearing officer or the court, based on the  preponderance
 of the evidence, that the mortgagee or agent of a mortgagee has violated
 this  section,  a  civil penalty may be issued by the hearing officer or
 the court in the amount of up to [five hundred] ONE THOUSAND dollars per
 day per property for each day the violation persisted.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07042-01-1



              

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