Bill Text: NY A04232 | 2017-2018 | General Assembly | Introduced

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Bill Title: Imposes civil penalties on landlords for including unenforceable provisions in residential leases.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to judiciary [A04232 Detail]

Download: New_York-2017-A04232-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4232
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 1, 2017
                                       ___________
        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
          Committee on Judiciary
        AN ACT to amend the real property law and the administrative code of the
          city of New York, in relation to imposing civil penalties on landlords
          for including unenforceable provisions in residential leases
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  real property law is amended by adding a new section
     2  235-h to read as follows:
     3    § 235-h. Civil penalty. In addition to any other  remedy  provided  by
     4  law,  a  court  may  impose  a  civil penalty not to exceed five hundred
     5  dollars per violation, upon proof to the satisfaction of the court  that
     6  an  owner  has  included  in  a  residential  lease  clause or rider any
     7  provision that is prohibited under state or local  law,  rendering  that
     8  provision  void  or  unenforceable.  Such civil penalty may be sought by
     9  application by the attorney general in the name of  the  people  of  the
    10  state  of New York and shall be payable to the municipality in which the
    11  subject premises is located.
    12    § 2. The administrative code of the city of New  York  is  amended  by
    13  adding a new section 26-516.1 to read as follows:
    14    §  26-516.1 Civil penalty. In addition to any other remedy provided by
    15  law, the commissioner of the state division  of  housing  and  community
    16  renewal  may  impose  a civil penalty not to exceed five hundred dollars
    17  per violation, upon proof to the satisfaction of the  commissioner  that
    18  an  owner  has included in a lease clause or rider any provision that is
    19  prohibited under state or local law, rendering that  provision  void  or
    20  unenforceable.  Such  civil  penalty  may be recovered by administrative
    21  order after a hearing. Such order shall be deemed a final  determination
    22  for  the  purposes  of  judicial review. Such action shall be brought on
    23  behalf of the city and any amount recovered shall be paid into the  city
    24  treasury.  Such penalty may, upon the expiration of the period for seek-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04987-01-7
        A. 4232                             2
     1  ing review pursuant to article seventy-eight of the civil  practice  law
     2  and  rules,  be docketed and enforced in the manner of a judgment of the
     3  supreme court.
     4    §  3. This act shall take effect immediately; provided that the amend-
     5  ment to chapter 4 of title 26 of the administrative code of the city  of
     6  New  York  made by section two of this act shall expire on the same date
     7  as such law expires and shall not affect the expiration of such  law  as
     8  provided under section 26-520 of such law.