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.
STATE OF NEW YORK
________________________________________________________________________
8512
2019-2020 Regular Sessions
IN ASSEMBLY
August 7, 2019
___________
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.
LBD13485-01-9
