New York S 9694: Relates to the New York State medical indemnity fund account payments

Bill Text

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S09694 Summary:

BILL NOS09694 

&nbsp

SAME ASSAME AS A00654-B

&nbsp

SPONSORCLEARE

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §12, Emerg Ten Prot Act of 1974; amd §26-516, NYC Ad Cd

&nbsp

Increases penalties for owners of rent-regulated property who overcharge tenants.

Go to top S09694 Actions:

BILL NOS09694 

&nbsp

04/02/2026REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Go to topS09694 Committee&nbspVotes:

Go to topS09694 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09694 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9694

 IN SENATE

 April 2, 2026
 ___________

 Introduced by Sen. CLEARE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Housing, Construction and
 Community Development

 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:

 1 Section 1. The opening paragraph and clause (ii) of subparagraph (b)
 2 of paragraph 1 of subdivision a of section 12 of section 4 of chapter
 3 576 of the laws of 1974, constituting the emergency tenant protection
 4 act of nineteen seventy-four, as amended by section 1 of part F of chap-
 5 ter 36 of the laws of 2019, are amended to read as follows:
 6 Subject to the conditions and limitations of this paragraph, any owner
 7 of housing accommodations in a city having a population of less than one
 8 million or a town or village as to which an emergency has been declared
 9 pursuant to section three, who, upon complaint of a tenant or of the
 10 state division of housing and community renewal, is found by the state
 11 division of housing and community renewal, after a reasonable opportu-
 12 nity to be heard, to have collected an overcharge above the rent author-
 13 ized for a housing accommodation subject to this act shall be liable to
 14 the tenant for a penalty equal to [three] five times the amount of such
 15 overcharge. If the owner establishes by a preponderance of the evidence
 16 that the overcharge was neither willful nor attributable to [his] the
 17 owner's negligence, the state division of housing and community renewal
 18 shall establish the penalty as the amount of the overcharge plus inter-
 19 est at the rate of interest payable on a judgment pursuant to section
 20 five thousand four of the civil practice law and rules. After a
 21 complaint of rent overcharge has been filed and served on an owner, the
 22 voluntary adjustment of the rent and/or the voluntary tender of a refund
 23 of rent overcharges shall not be considered by the division of housing
 24 and community renewal or a court of competent jurisdiction as evidence
 25 that the overcharge was not willful. (i) Except as to complaints filed

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01958-07-6

 S. 9694 2

 1 pursuant to clause (ii) of this paragraph, the legal regulated rent for
 2 purposes of determining an overcharge, shall be deemed to be the rent
 3 indicated in the most recent reliable annual registration statement for
 4 a rent stabilized tenant filed and served upon the tenant six or more
 5 years prior to the most recent registration statement, (or, if more
 6 recently filed, the initial registration statement) plus in each case
 7 any subsequent lawful increases and adjustments. The division of housing
 8 and community renewal or a court of competent jurisdiction, in investi-
 9 gating complaints of overcharge and in determining legal regulated rent,
 10 shall consider all available rent history which is reasonably necessary
 11 to make such determinations. (ii) As to complaints filed within ninety
 12 days of the initial registration of a housing accommodation, the legal
 13 regulated rent for purposes of determining an overcharge shall be deemed
 14 to be the rent charged on the date six years prior to the date of the
 15 initial registration of the housing accommodation (or, if the housing
 16 accommodation was subj