What's happening
This bill allows civil penalties up to $500 per violation for landlords who include illegal or unenforceable provisions in residential leases.
Why it matters
Creates a direct financial deterrent for landlords. By introducing civil penalties up to $500 per violation, the bill creates a real financial risk for landlords who include illegal or unenforceable clauses in leases, encouraging greater compliance with tenant protection laws.
Empowers both courts and administrative agencies. The legislation allows penalties to be imposed either through court action (statewide) or by the NYC Division of Housing and Community Renewal after a hearing, expanding the channels through which tenants and authorities can challenge improper lease provisions.
Supports local and municipal interests. Fines collected are directed to the municipality or city treasury where the violation occurred, providing a local incentive for enforcement and potentially funding further tenant protection initiatives.
Strengthens tenants’ legal standing. The law gives tenants and advocates a clearer basis to challenge leases containing illegal terms, reducing intimidation or confusion caused by unenforceable rules and potentially improving overall housing fairness.
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Who cares
Headline styles
Fine Landlords for Illegal Leases
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to judiciary
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
769
2019-2020 Regular Sessions
IN ASSEMBLY
January 10, 2019
Introduced by M. of A. L. 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 Assembly, do enact as follows:
Section 1. The real property law is amended by adding a new section 235-h to read as follows:
§ 235-h. Civil penalty. In addition to any other remedy provided by law, a court may impose a civil penalty not to exceed five hundred dollars per violation, upon proof to the satisfaction of the court that an owner has included in a residential lease clause or rider any provision that is prohibited under state or local law, rendering that provision void or unenforceable. Such civil penalty may be sought by application by the attorney general in the name of the people of the state of New York and shall be payable to the municipality in which the subject premises is located.
§ 2. The administrative code of the city of New York is amended by adding a new section 26-516.1 to read as follows:
§ 26-516.1 Civil penalty. In addition to any other remedy provided by law, the commissioner of the state division of housing and community renewal may impose a civil penalty not to exceed five hundred dollars per violation, upon proof to the satisfaction of the commissioner that an owner has included in a lease clause or rider any provision that is prohibited under state or local law, rendering that provision void or unenforceable. Such civil penalty may be recovered by administrative order after a hearing. Such order shall be deemed a final determination for the purposes of judicial review. Such action shall be brought on behalf of the city and any amount recovered shall be paid into the city 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.
LBD03233-01-9
A. 769 2
ing review pursuant to article seventy-eight of the civil practice law and rules, be docketed and enforced in the manner of a judgment of the supreme court.
§ 3. This act shall take effect immediately; provided that the amendment to chapter 4 of title 26 of the administrative code of the city of New York made by section two of this act shall expire on the same date as such law expires and shall not affect the expiration of such law as provided under section 26-520 of such law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.