S T A T E O F N E W Y O R K
________________________________________________________________________
467--B
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sens. HOYLMAN-SIGAL, JACKSON, KRUEGER -- read twice and
ordered printed, and when printed to be committed to the Committee on
Housing, Construction and Community Development -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- 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 increasing penalties for owners of rent-regulated property
who overcharge tenants
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. If the owner establishes by a preponderance of the evidence
that the overcharge was neither willful nor attributable to [his] THE
OWNER'S negligence, the state division of housing and community renewal
shall establish the penalty as the amount of the overcharge plus inter-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01958-05-5
S. 467--B 2
est 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 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 deemed to be the rent
indicated in the most recent reliable annual registration statement for
a rent stabilized 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 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 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 registration 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.
(ii) A penalty of [three] FIVE times the overcharge shall be assessed
upon all overcharges willfully collected by the owner starting six years
before the complaint is filed.
§ 2. The opening paragraph and paragraph 2 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, are 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] FIVE 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 over-
charge 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
S. 467--B 3
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
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.
(2) A complaint under this subdivision may be filed with the state
division of housing and community renewal or in a court of competent
jurisdiction at any time, however any recovery of overcharge penalties
shall be limited to the six years preceding the complaint. A penalty of
[three] FIVE times the overcharge shall be assessed upon all overcharges
willfully collected by the owner starting six years before the complaint
is filed.
§ 3. This act shall take effect immediately; provided, however, that
the amendments to section 26-516 of chapter 4 of title 26 of the admin-
istrative 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.
I'm a rent-stabilized tenant with a pending overcharge case. My landlord removed a room from my apartment and is now claiming it's a "new unit," which they’re using as an excuse to double the rent and erase the rental history. I’m likely to win my case — but under the current law, the maximum penalty is only 3x overcharges, which doesn’t go far enough to deter this kind of abuse.
This bill has been introduced in various forms since 2016. It’s time to finally pass it. Raising the multiplier to 5x would make a meaningful difference for tenants like me and send a clear message to landlords who knowingly violate the law.
Please pass S467B this session.