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S8011

An act to amend the Administrative Code of the City of New York — 2024-01-09 · Calendar #20

The New York State Senate passed legislation amending the Administrative Code of the City of New York on a 37-25 vote, with the bill addressing rent overcharge remedies and clarifying fraud standards in housing law. Sponsored by Sen. Kavanagh, the measure—which had been debated previously in June—includes a chapter amendment that clarifies courts need not prove all elements of common law fraud to remedy willful rent overcharges by landlords. Kavanagh argued the bill codifies long-settled law, citing precedent including Regina Metro, Grimm, and Conason cases, and provides remedies when property owners willfully and intentionally raise rents beyond legal limits. Opponents, including Sen. Borrello and Sen. Martins, argued the bill increases vagueness for property owners and fails to resolve uncertainty regarding deregulated apartments and retroactive application. Martins acknowledged the chapter amendment was an improvement over the original bill but said it still leaves rent rolls subject to litigation. The bill passed with support from the Democratic majority and opposition from most Republicans.
PASSED Ayes: 37 · Nays: 25

Debate Summary

The bill addresses rent overcharge remedies and fraud standards in New York housing law. Supporters argue the chapter amendment clarifies that courts need not demonstrate all elements of common law fraud to remedy willful rent overcharges, citing established case law including Regina Metro, Grimm, and Conason. Opponents contend the bill increases vagueness for property owners and creates uncertainty regarding deregulated apartments and retroactive application, potentially pushing private landlords out of the rental market.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Kavanagh aye Democrat
Ashby nay Republican
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Felder nay Democrat
Gallivan nay Republican
Griffo nay Republican
Helming nay Republican
Lanza nay Republican
Mannion nay
Martinez nay Democrat
Mattera nay Republican
Murray nay Republican
O'Mara nay Republican
Oberacker nay Republican
Ortt nay Republican
Palumbo nay Republican
Rhoads nay Republican
Rolison nay Republican
Scarcella-Spanton nay Democrat
Skoufis nay Democrat
Stec nay Republican
Tedisco nay Republican
Walczyk nay Republican
Weber nay Republican
Weik nay Republican