Bill Text: NY A03080 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to surcharges assessed for the late filing of rent registration statements; provides that a late filing surcharge shall be one hundred dollars; provides that if the state division of housing and community renewal determines such late registration was willful the surcharge shall be one thousand dollars.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to housing [A03080 Detail]

Download: New_York-2021-A03080-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3080

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 22, 2021
                                       ___________

        Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
          tee on Housing

        AN ACT to amend the emergency tenant protection act of  nineteen  seven-
          ty-four,  in  relation  to  surcharges assessed for the late filing of
          rent registration statements

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision e of section 12-a of section 4 of chapter 576
     2  of the laws of 1974, constituting the emergency tenant protection act of
     3  nineteen seventy-four, as amended by chapter 253 of the laws of 1993, is
     4  amended to read as follows:
     5    e. The failure to file a proper and  timely  initial  or  annual  rent
     6  registration  statement  shall,  until such time as such registration is
     7  filed, bar an owner from applying for or collecting any rent  in  excess
     8  of  the legal regulated rent in effect on the date of the last preceding
     9  registration statement or if no such statements  have  been  filed,  the
    10  legal  regulated  rent  in  effect on the date that the housing accommo-
    11  dation became subject to the registration requirements of this  section.
    12  The filing of a late registration shall result in the prospective elimi-
    13  nation  of such sanctions and provided that increases in the legal regu-
    14  lated rent were lawful except for the failure to file a timely registra-
    15  tion, the owner, upon the service and filing  of  a  late  registration,
    16  shall  not be found to have collected an overcharge at any time prior to
    17  the filing of the late registration. If such late registration is  filed
    18  subsequent  to the filing of an overcharge complaint, the owner shall be
    19  assessed a late filing surcharge for each late registration in an amount
    20  [equal to fifty percent of the timely rent registration  fee]    of  one
    21  hundred dollars; provided, however, if the state division of housing and
    22  community  renewal  determines  such late registration was willful, such
    23  late filing surcharge for each late registration shall be  one  thousand
    24  dollars.   The filing of a late registration subsequent to an overcharge
    25  complaint shall not be a basis for determining that such late filing was
    26  not willful.
    27    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02130-01-1