A02002 Summary:

BILL NO    A02002 

SAME AS    Same as S 2493

SPONSOR    Silver (MS)

COSPNSR    Lopez V, Jeffries, Jacobs, Kellner, Bing, Rosenthal, O'Donnell,
           Farrell, Wright, Rivera N

MLTSPNSR   Barron, Brook-Krasny, Castro, Colton, Diaz, Dinowitz, Glick,
           Gottfried, Heastie, Kavanagh, Ortiz, Perry, Pheffer, Powell,
           Robinson, Spano

Amd SS26-516 & 26-413, NYC Ad Cd; amd SS12 & 64, Emerg Ten Prot Act

Amends the administrative code of the city of New York and the emergency tenant
protection act of nineteen hundred seventy-four, in relation to civil penalties
imposed for violation of administrative orders or for harassment of tenants to
obtain vacancy of unit.

A02002 Actions:

BILL NO    A02002 

01/14/2009 referred to housing
01/22/2009 reported referred to codes
01/22/2009 reported 
01/22/2009 advanced to third reading cal.27
02/02/2009 passed assembly
02/02/2009 delivered to senate
02/02/2009 REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
09/10/2009 SUBSTITUTED FOR S2493
09/10/2009 3RD READING CAL.963
09/10/2009 PASSED SENATE
09/10/2009 RETURNED TO ASSEMBLY
09/29/2009 delivered to governor
10/09/2009 signed chap.480

A02002 Votes:

BILL: A02002  DATE: 02/02/2009  MOTION:                       YEA/NAY: 107/035

Abbate  Y  Cahill  Y  Englebr Y  Hooper  ER Maisel  Y  Powell  Y  Skartad Y
Alessi  Y  Calhoun NO Errigo  NO Hoyt    Y  Markey  Y  Pretlow Y  Spano   Y
Alfano  Y  Camara  Y  Espaill Y  Hyer-Sp Y  Mayerso Y  Quinn   NO Stirpe  Y
Amedore NO Canestr Y  Farrell Y  Jacobs  Y  McDonou Y  Rabbitt NO Sweeney Y
Arroyo  Y  Carrozz Y  Fields  Y  Jaffee  Y  McEneny Y  Raia    NO Tedisco NO
Aubry   Y  Castro  Y  Finch   NO Jeffrie Y  McKevit Y  Ramos   Y  Thiele  NO
Bacalle NO Christe Y  Fitzpat NO John    Y  Meng    Y  Reilich NO Titone  Y
Ball    NO Clark   Y  Gabrysz Y  Jordan  NO Miller  NO Reilly  Y  Titus   Y
Barclay NO Colton  Y  Galef   Y  Kavanag Y  Millman Y  Rive J  Y  Tobacco NO
Barra   NO Conte   NO Gantt   NO Kellner Y  Molinar NO Rive N  ER Towns   ER
Barron  Y  Cook    Y  Gianari Y  Kolb    NO Morelle Y  Rive PM Y  Townsen NO
Benedet Y  Corwin  NO Giglio  NO Koon    Y  Nolan   Y  Robinso Y  Walker  Y
Benjami Y  Crouch  NO Glick   Y  Lancman Y  Oaks    NO Rosenth Y  Weinste Y
Bing    Y  Cusick  Y  Gordon  Y  Latimer Y  O'Donne Y  Russell Y  Weisenb Y
Boyland Y  Cymbrow Y  Gottfri Y  Lavine  Y  O'Mara  NO Saladin NO Weprin  Y
Boyle   NO DelMont Y  Greene  Y  Lentol  Y  Ortiz   Y  Sayward Y  Wright  Y
Bradley Y  DenDekk Y  Gunther Y  Lifton  Y  Parment Y  Scarbor Y  Zebrows Y
Brennan Y  Destito Y  Hawley  ER Lope PD NO Paulin  Y  Schimel Y  Mr Spkr Y
Brodsky Y  Diaz    Y  Hayes   NO Lope VJ ER Peoples Y  Schimmi ER
Brook-K Y  Dinowit Y  Heastie Y  Lupardo Y  Peralta Y  Schroed ER
Burling NO Duprey  NO Hevesi  Y  Magee   Y  Perry   Y  Scozzaf ER
Butler  NO Eddingt Y  Hikind  Y  Magnare Y  Pheffer Y  Seminer Y

A02002 Memo:

 BILL NUMBER:  A2002

 TITLE OF BILL :  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 increasing civil penalties for
violations; and to amend chapter 403 of the laws of 1983 amending the
emergency tenant protection act of nineteen seventy-four and other
laws in relation to residential tenancies, in relation to making
conforming technical changes

 PURPOSE OF THE BILL :

This bill would increase the penalties for tenant harassment by owners
and for violation of an order of the Commissioner of the Division of
Housing and Community Renewal (the "Commissioner").

 SUMMARY OF PROVISIONS :

Sections 1, 3 and 5 of the bill amend, respectively, + 26-516 (c) (1)
and (2) of the Administrative Code of the City of New York (the Rent
Stabilization Law of 1969), + 26-413 (b) (2) (a) of the Administrative
Code of the City of New York (the City Rent and Rehabilitation Law),
and + 12 (a) (3) (i) and (ii) of + 4 of Chapter 576 of the Laws of
1974, constituting the Emergency Tenant Protection Act of 1974
(Unconsol. Law + 8632 (a) (3) (i) and (ii)), all as amended by the
Rent Regulation Reform Act of 1997, to: (1) increase the penalties for
a violation of an order of the Commissioner to $1,000 for a first
offense and to $2,000 for each subsequent offense; and (2) increase
the penalties for tenant harassment by owners to $2,000 for a first
offense and up to $10,000 for each subsequent offense.

Sections 2 and 6 of the bill amend, respectively, + 26-516(c) (2) of
the Administrative Code of the City of New York (the Rent
Stabilization Law of 1969) and + 12 (a) (3) (ii) of + 4 of Chapter 576
of the Laws of 1974, constituting the Emergency Tenant Protection Act
of 1974 (UnconsoL Law + 8632 (a) (3) (ii)), as these sections will be
in effect upon expiration of the amendments made by the Rent
Regulation Reform Act of 1997, to increase the penalties for tenant
harassment by owners to $2,000 for a first offense and up to $10,000
for each subsequent offense.

Section 4 of the bill amends + 26-413(b) (2) (a) of the Administrative
Code of the City of New York (the City Rent and Rehabilitation Law),
as this section will be in effect upon expiration of the amendments
made by the Rent Regulation Reform Act of 1997, to: (1) increase the
penalties for a violation of an order of the Commissioner to $1,000
for a first offense and to $2000 for each subsequent offense; and (2)
increase the penalties for tenant harassment by owners to $2,000 for a
first offense and up to $10,000.00 for each subsequent offense.

Section 7 of the bill amends + 64 of Chapter 403 of the Laws of 1983
to make technical corrections related to provisions of the Emergency

Tenant Protection Act of 1974.

Section 8 of the bill provides for an immediate effective date, and
further provides that the amendments to the rent laws made by this
bill will not affect the expiration of those laws.

 EXISTING LAW :

Under the Rent Stabilization Law of 1969 and the Emergency Tenant
Protection Act of 1974, the penalty for violation of an order of the
Commissioner is $250 for a first offense and $1,000 for each
subsequent offense. Under the City Rent and Rehabilitation Law, the

penalty for such violations is $100 for a first offense and $500 for
each subsequent offense.

Pursuant to amendments made by the Rent Regulation Reform Act of 1997,
which will sunset on June 15, 2011, under the Rent Stabilization Law
of 1969, the City Rent and Rehabilitation Law and the Emergency Tenant
Protection Act of 1974, the penalty for tenant harassment is not less
than $1,000 or more than $5,000. When these provisions expire, the
penalty for tenant harassment under the Rent Stabilization Law of 1969
and the Emergency Tenant Protection Act of 1974 will be up to $1,000
for a first offense and up to $2,500 for subsequent offenses. Under
the City Rent and Rehabilitation Law, the penalty will be $500 for a
first offense and $1,000 for subsequent offenses.

 STATEMENT IN SUPPORT :

The civil penalty provisions of the rent laws are intended to function
both as a deterrent against violations of the rent laws, including the
egregious conduct of tenant harassment, and as an appropriate sanction
for the violations that do occur. The penalty for violation of an
order of the Commissioner has remained the same since 1984, a period
of 23 years. The penalties for tenant harassment have not been updated
since 1997, a period of more than 10 years Increased penalties are
needed to ensure that they will continue to be an effective deterrent
and a meaningful sanction for violations of the rent laws.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 BUDGET IMPLICATIONS :

In recent years, the fines for violating the rent laws have generated
less than $25,000 per year in state revenues for the General Fund.
The penalty increases proposed by this bill would likely generate very
minimal additional state revenues.

 EFFECTIVE DATE :  This bill would take effect immediately, and the
amendments made by the bill would not affect the expiration of the
underlying rent laws.