S T A T E O F N E W Y O R K
________________________________________________________________________
5616
2023-2024 Regular Sessions
I N A S S E M B L Y
March 17, 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 times the amount of such over-
charge. If the owner establishes by a preponderance of the evidence
that the overcharge was neither willful nor attributable to his negli-
gence, the state division of housing and community renewal shall estab-
lish 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 rules. After a complaint of rent
overcharge has been filed and served on an owner, the voluntary adjust-
ment of the rent and/or the voluntary tender of a refund of rent over-
charges shall not be considered by the division of housing and community
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09839-01-3
A. 5616 2
renewal or a court of competent jurisdiction as evidence that the over-
charge was not willful. (i) Except as to complaints filed pursuant to
clause (ii) of this paragraph, the legal regulated rent for purposes of
determining an overcharge, shall be deemed to be the rent indicated in
the most recent reliable annual registration statement for a rent stabi-
lized tenant filed and served upon the tenant six or more years prior to
the most recent registration statement, (or, if more recently filed, the
initial registration statement) plus in each case any subsequent lawful
increases and adjustments. The division of housing and community renewal
or a court of competent jurisdiction, in investigating complaints of
overcharge and in determining legal regulated rent, shall consider all
available rent history which is reasonably necessary to make such deter-
minations. (ii) As to complaints filed within ninety days of the initial
registration of a housing accommodation, the legal regulated rent for
purposes of determining an overcharge shall be deemed to be the rent
charged on the date six years prior to the date of the initial registra-
tion of the housing accommodation (or, if the housing accommodation was
subject to this act for less than six years, the initial legal regulated
rent) plus in each case, any lawful increases and adjustments. Where the
rent charged on the date six years prior to the date of the initial
registration of the accommodation cannot be established, such rent shall
be established by the division. (III) FAILURE TO FILE AN ANNUAL RENT
REGISTRATION STATEMENT SHALL RESULT IN A FINE OF TWO THOUSAND DOLLARS
PER UNREGISTERED HOUSING ACCOMMODATION, MADE PAYABLE TO THE STATE DIVI-
SION OF HOUSING AND COMMUNITY RENEWAL.
§ 2. The opening paragraph of subdivision a of section 26-516 of the
administrative code of the city of New York, as amended by section 4 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 subdivision, any
owner of housing accommodations 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
opportunity to be heard, to have collected an overcharge above the rent
authorized for a housing accommodation subject to this chapter shall be
liable to the tenant for a penalty equal to three times the amount of
such overcharge. If the owner establishes by a preponderance of the
evidence that the overcharge was not willful, the state division of
housing and community renewal shall establish the penalty as the amount
of the overcharge plus interest. After a complaint of rent overcharge
has been filed and served on an owner, the voluntary adjustment of the
rent and/or the voluntary tender of a refund of rent overcharges shall
not be considered by the division of housing and community renewal or a
court of competent jurisdiction as evidence that the overcharge was not
willful. (i) Except as to complaints filed pursuant to clause (ii) of
this paragraph, the legal regulated rent for purposes of determining an
overcharge, shall be the rent indicated in the most recent reliable
annual registration statement filed and served upon the tenant six or
more years prior to the most recent registration statement, (or, if more
recently filed, the initial registration statement) plus in each case
any subsequent lawful increases and adjustments. The division of housing
and community renewal or a court of competent jurisdiction, in investi-
gating complaints of overcharge and in determining legal regulated rent,
shall consider all available rent history which is reasonably necessary
to make such determinations. (ii) As to complaints filed within ninety
days of the initial registration of a housing accommodation, the legal
regulated rent shall be deemed to be the rent charged on the date six
A. 5616 3
years prior to the date of the initial registration of the housing
accommodation (or, if the housing accommodation was subject to this
chapter for less than six years, the initial legal regulated rent) plus
in each case, any lawful increases and adjustments. Where the rent
charged on the date six years prior to the date of the initial registra-
tion of the accommodation cannot be established, such rent shall be
established by the division. (III) FAILURE TO FILE AN ANNUAL RENT
REGISTRATION STATEMENT SHALL RESULT IN A FINE OF TWO THOUSAND DOLLARS
PER UNREGISTERED HOUSING ACCOMMODATION, MADE PAYABLE TO THE STATE DIVI-
SION OF HOUSING AND COMMUNITY RENEWAL.
§ 3. This act shall take effect immediately; provided, however, that
the amendments to the opening paragraph of subdivision a of section
26-516 of chapter 4 of title 26 of the administrative code of the city
of New York made by section two of this act shall expire on the same
date as such law expires and shall not affect the expiration of such law
as provided under section 26-520 of such law.