Senate Bill S2283

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2283
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2025
                                ___________
 
 Introduced  by Sen. GONZALEZ -- 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 administrative code of the city of New York and the
   emergency tenant protection act of nineteen seventy-four, in  relation
   to surcharges assessed for the late filing of rent registration state-
   ments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision e of section 26-517 of the administrative  code
 of  the  city  of New York, as amended by section 1 of part C of chapter
 760 of the laws of 2023, is amended to read as follows:
   e. The failure to file a proper and  timely  initial  or  annual  rent
 registration  statement  shall,  until such time as such registration is
 filed, bar an owner from applying for or collecting any rent  in  excess
 of  the legal regulated rent in effect on the date of the last preceding
 registration statement or if no such statements  have  been  filed,  the
 legal  regulated  rent  in  effect on the date that the housing accommo-
 dation became subject to the registration requirements of this  section.
 The filing of a late registration shall result in the prospective elimi-
 nation  of such sanctions and provided that increases in the legal regu-
 lated rent were lawful except for the failure to file a timely registra-
 tion, the owner, upon the service and filing  of  a  late  registration,
 shall  not be found to have collected an overcharge at any time prior to
 the filing of the late registration. In addition to all  other  require-
 ments  set  forth in this subdivision, in the event a timely rent regis-
 tration is not filed and after notice of such delinquency is provided by
 the state division of housing and community renewal to the owner in  the
 form  of  electronic  mail and mail to the address listed in the owner's
 most recent registration statement, the owner shall be subject to a fine
 of [five hundred] ONE THOUSAND dollars per unregistered  unit  for  each
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05787-01-5
              

 S. 2283                             2
 
 month  the  registration  is delinquent. Such a fine shall be imposed by
 order, and such order imposing a fine shall be deemed a  final  determi-
 nation  for  the  purposes  of  judicial review. Such fine may, upon the
 expiration  of  the period for seeking review pursuant to article seven-
 ty-eight of the civil practice law and rules, be docketed  and  enforced
 in  the  manner of a judgment of the supreme court by the state division
 of housing and community renewal.
   § 2. Subdivision e of section 12-a of section 4 of chapter 576 of  the
 laws  of 1974, constituting the emergency tenant protection act of nine-
 teen seventy-four, as amended by section 2 of part C of chapter  760  of
 the laws of 2023, is amended to read as follows:
   e.  The  failure  to  file  a proper and timely initial or annual rent
 registration statement shall, until such time as  such  registration  is
 filed,  bar  an owner from applying for or collecting any rent in excess
 of the legal regulated rent in effect on the date of the last  preceding
 registration  statement  or  if  no such statements have been filed, the
 legal regulated rent in effect on the date  that  the  housing  accommo-
 dation  became subject to the registration requirements of this section.
 The filing of a late registration shall result in the prospective elimi-
 nation of such sanctions and provided that increases in the legal  regu-
 lated rent were lawful except for the failure to file a timely registra-
 tion,  the  owner,  upon  the service and filing of a late registration,
 shall not be found to have collected an overcharge at any time prior  to
 the  filing  of the late registration. In addition to all other require-
 ments set forth in this subdivision, in the event a timely  rent  regis-
 tration is not filed and after notice of such delinquency is provided by
 the  division  of housing and community renewal to the owner in the form
 of electronic mail and mail to the address listed in  the  owner's  most
 recent  registration  statement, the owner shall be subject to a fine of
 [five hundred] ONE THOUSAND dollars per unregistered unit for each month
 the registration is delinquent. Such a fine shall be imposed  by  order,
 and such order imposing a fine shall be deemed a final determination for
 the  purposes  of judicial review. Such fine may, upon the expiration of
 the period for seeking review pursuant to article seventy-eight  of  the
 civil  practice law and rules, be docketed and enforced in the manner of
 a judgment of the supreme court by the division of housing and community
 renewal.
   § 3. This act shall take effect immediately; provided that the  amend-
 ments to section 26-517 of chapter 4 of title 26 of  the  administrative
 code  of  the  city  of  New  York made by section one 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.