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 |