Assembly Bill A106A

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - On Floor Calendar


  • 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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Bill Amendments

2023-A106 - Details

See Senate Version of this Bill:
S2482
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: A9192, S6454
2017-2018: A523, S122
2019-2020: A738, S238
2021-2022: A2332, S4637

2023-A106 - Summary

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

2023-A106 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    106
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 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]  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

2023-A106A (ACTIVE) - Details

See Senate Version of this Bill:
S2482
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: A9192, S6454
2017-2018: A523, S122
2019-2020: A738, S238
2021-2022: A2332, S4637

2023-A106A (ACTIVE) - Summary

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

2023-A106A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  106--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Housing -- committee discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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 and clause (ii) of  subparagraph  (b)
 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 chap-
 ter 36 of the laws of 2019, are 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] FIVE times the amount of  such
 overcharge  FOR  A  FIRST OFFENSE AND TEN TIMES THE AMOUNT OF SUCH OVER-
 CHARGE FOR ANY SUBSEQUENT OFFENSE. If the owner establishes by a prepon-
 derance of the evidence that the  overcharge  was  neither  willful  nor
 attributable  to  [his]  THEIR 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 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
                       [ ] is old law to be omitted.
              

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