Bill Text: NY S04050 | 2021-2022 | General Assembly | Amended
Bill Title: Enacts the COVID-19 housing relief and recovery for all act.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S04050 Detail]
Download: New_York-2021-S04050-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4050--A 2021-2022 Regular Sessions IN SENATE February 2, 2021 ___________ Introduced by Sens. SALAZAR, JACKSON, BIAGGI, BRISPORT, GIANARIS, HOYL- MAN, MYRIE, PARKER, RAMOS, RIVERA, SEPULVEDA, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to enact the "COVID-19 housing relief and recovery for all act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "COVID-19 2 housing relief and recovery for all act". 3 § 2. Legislative findings. The legislature hereby finds that a serious 4 public emergency exists in the state of New York due to the impact of 5 the global outbreak of novel coronavirus, COVID-19, which as of the date 6 of this legislation, created destabilized housing, loss of employment 7 and income, closure of businesses and schools, and greatly exacerbated 8 financial insecurity in the state of New York. The legislature further 9 finds that it is currently impossible to accurately assess the full 10 scope, duration, and severity of impact this public emergency has and 11 will have on the residents of New York and that, in response to this 12 crisis, on March 7, 2020 the executive declared a 'State Disaster Emer- 13 gency' which has put extraordinary constraints on individuals, families, 14 homeowners, not-for-profits, residential housing cooperatives, and 15 local, state, and federal agencies. The legislature further finds that 16 the loss of employment, illness and deaths caused by the COVID-19 17 outbreak have rendered many individuals and families unable to pay for 18 the costs of housing and other life necessities. The legislature further 19 finds that safe and affordable housing is a key measure of positive 20 individual, family, and public health outcomes. The legislature further 21 finds that without government intervention, individuals and families who 22 are unable to pay the costs of housing will be displaced, which will EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04972-03-1S. 4050--A 2 1 result in an increase in families who are cohabiting with one or more 2 other families and an increase in the population of unhoused individuals 3 and families, both of which will accelerate the spread of COVID-19 4 infection and, therefore, measures to prevent such individual and house- 5 hold displacement are necessary to prevent increased COVID-19 trans- 6 mission. The legislature further finds that without rent and mortgage 7 relief, the number of eviction case filings for nonpayment of rent and 8 the number of mortgage foreclosures will increase tremendously, result- 9 ing in overburdened court systems which will not have the resources or 10 space to operate functionally and also resulting in massive congestion 11 and increased human contact in courthouse spaces, both of which will 12 exacerbate the spread of COVID-19 creating a worsened public health 13 hazard. The legislature further finds that a tremendous increase in 14 evictions and foreclosures will overburden social services agencies and 15 resources and that the shelter system does not have the capacity to 16 accommodate a significantly increased homeless population, both of which 17 will also worsen the spread of COVID-19. The legislature further finds 18 that public housing authorities have incurred expenses resulting from 19 the COVID-19 outbreak and have lost rental income due to widespread 20 financial hardship suffered by public housing tenants and occupants as a 21 result of the COVID-19 outbreak. The legislature declares that it is 22 both in the public interest and the responsibility of government to 23 provide and secure federal and state emergency funding to ensure that 24 individuals and families are not rendered homeless or severely finan- 25 cially burdened because of an inability to pay for the cost of housing 26 and other necessities due to the COVID-19 outbreak and to ensure that 27 public housing entities, not-for-profits, residential cooperatives, and 28 landlords unable to afford necessary expenses as a result of COVID-19 29 outbreak, not be encumbered with severe financial burden, and to promote 30 the stability and proper maintenance of the housing stock and assist 31 communities in recovering from the adverse social and economic impacts 32 of the COVID-19 outbreak, and that, consistent with articles 17 and 18 33 of the state constitution, it is therefore incumbent on the legislature 34 and the executive to implement protections and to provide rent and mort- 35 gage relief so as to reduce the harm to New York residents and ensure 36 safe, decent, sanitary, affordable housing and financial stability 37 during the novel coronavirus, COVID-19, crisis and all other public 38 emergencies. 39 § 3. Definitions. (a) "Residential tenant" shall have the same meaning 40 as in paragraph (a) of subdivision 1 of section 235-f of the real prop- 41 erty law, those who otherwise pay for the use and occupancy of a resi- 42 dential dwelling unit, occupants as defined by paragraph (b) of subdivi- 43 sion 1 of section 235-f of the real property law, or tenants or 44 occupants of residential dwelling units funded pursuant to 42 U.S.C. 45 1437g. 46 (b) "Small homeowner" shall mean an owner of a dwelling with 6 or 47 fewer units where such owner also resides as a primary residence. 48 (c) "Affordable housing operator" shall mean a not-for-profit entity 49 as defined in the not-for-profit corporation law or a housing develop- 50 ment fund company as defined in section 572 of the private housing 51 finance law that owns and operates a housing project for persons of 52 low-income. 53 (d) "Rent" shall have the same meaning as defined in section 702 of 54 the real property actions and proceedings law. 55 (e) "Residential cooperative" shall mean any housing project, of any 56 size, operated for persons of low income by a housing corporation asS. 4050--A 3 1 defined in section 572 of the private housing finance law, or any corpo- 2 ration or entity owning and operating a residential cooperative with 10 3 or fewer units. 4 (f) "Public housing authority" shall mean any municipal housing 5 authority created under article 13 of the public housing law. 6 (g) "Commissioner" shall mean the commissioner of housing and communi- 7 ty renewal. 8 § 4. Cancellation of rent in the case of residential tenants; fines; 9 termination of tenancy and eviction proceedings; debt; consumer credit 10 reports. (a) Notwithstanding any other provision of law, the obligation 11 of a residential tenant to pay rent shall be suspended for a period that 12 shall run from March 7, 2020 until the expiration of 90 days after the 13 executive declares that the state disaster emergency has ended. 14 (b) No tenant or tenant household may be charged a fine or fee for 15 non-payment of rent in accordance with this section. 16 (c) The nonpayment of rent by a tenant in accordance with this section 17 shall not be grounds for any termination of tenancy or eviction proceed- 18 ing or civil judgment. 19 (d) No tenant or tenant household may be treated as accruing any debt 20 by reason of suspension of rent under this section. 21 (e) No tenant or tenant household may be held liable for repayment of 22 any amount of rent suspended under this section. 23 (f) The nonpayment of rent by a tenant in accordance with this section 24 shall not be reported to a tenant screening agency or a consumer report- 25 ing agency nor shall such nonpayment adversely affect a tenant or member 26 of a tenant's household's credit score nor shall such nonpayment be 27 grounds for denying any future application for rental housing made by a 28 tenant or a member of a tenant's household. 29 § 5. Mortgage payment suspension, fees and penalties, credit scores. 30 (a) Notwithstanding any other provision of law, the obligation of a 31 small homeowner to make mortgage payments of principal or interest that 32 become due during the period running from March 7, 2020 until the expi- 33 ration of 90 days after the executive declares that the state disaster 34 emergency has ended, is hereby suspended. 35 (b) No mortgagor who is a small homeowner may be held responsible for 36 payment of mortgage payments suspended under this section or treated as 37 accruing any debt by reason of suspension under this section of the 38 obligation to make mortgage payments. 39 (c) A mortgagee, or servicer for such mortgagee, under a residential 40 mortgage loan to a small homeowner may not commence or continue any 41 judicial foreclosure action or non-judicial foreclosure process or any 42 action for failure to make a payment due under such mortgage that is 43 suspended pursuant to this section. 44 (d) No fees, penalties, or additional interest beyond the amounts 45 scheduled or calculated as if the mortgagor made all contractual 46 payments on time and in full under the terms of the mortgage contract in 47 effect as of the commencement of the COVID-19 suspension period shall 48 accrue. 49 (e) The nonpayment of a mortgage payment by a mortgagor pursuant to 50 suspension of the obligation to make such payment under this section 51 shall not be reported to a consumer reporting agency nor shall such 52 nonpayment adversely affect a mortgagor's credit score. 53 (f) Assistance may not be provided under this section with respect to 54 any dwelling for which assistance is provided pursuant to section seven 55 or eight of this act.S. 4050--A 4 1 § 6. Assistance to residential housing cooperatives losing maintenance 2 and rental income. (a) Except as modified in this section, any residen- 3 tial housing cooperatives that can demonstrate they lost maintenance or 4 rental income during the period from March 7, 2020 until the expiration 5 of 90 days after the executive declares that the state disaster emergen- 6 cy has ended shall be entitled to a payment of the total amount of main- 7 tenance or rental income lost during that period. 8 (b) (i) The commissioner of housing and community renewal, shall issue 9 regulations establishing an application procedure for a residential 10 housing cooperative seeking payment of lost maintenance or rental 11 income. 12 (ii) Such regulations shall provide that as a condition of such 13 assistance payments, a residential housing cooperative shall agree and 14 shall be obligated, through executing an instrument in a form specified 15 in the regulations issued hereunder to provide any tenants residing in 16 the housing cooperative with a renewal lease of at least 1 year, at the 17 same rental amount actually charged and collected 6 months prior to the 18 application for relief. 19 (iii) Such regulations shall further provide that any rental housing 20 cooperative shall not be eligible for the relief provided herein for 21 rental or maintenance income imputable to any illegal unit or unit occu- 22 pied in violation of the cooperative's bylaws or for rental income 23 imputable to a unit containing uncorrected, as of the time of the appli- 24 cation, immediately hazardous violations of a state or local housing or 25 building code that existed prior to March 7, 2020 and which are the 26 housing cooperative's legal duty to remedy. 27 (c) Any residential cooperative that receives payment for unpaid main- 28 tenance under this section shall waive all rights to receive said main- 29 tenance payments from the cooperative shareholder of the dwelling unit 30 for which payment was received. 31 § 7. Assistance to affordable housing operators losing rental income. 32 (a) Except as modified in this section, any affordable housing operator 33 that can demonstrate they lost rental income during the period from 34 March 7, 2020 until the expiration of 90 days after the executive 35 declares that the state disaster emergency has ended shall be entitled 36 to a payment of the total amount of rental income lost during that peri- 37 od. 38 (b) The commissioner of housing and community renewal, shall issue 39 regulations establishing an application procedure for an affordable 40 housing operator seeking payment of lost rental income. 41 (c) The commissioner may provide a payment under this section only 42 with respect to rental dwellings that meet all the following require- 43 ments: 44 (i) The affordable housing operator of the rental dwelling has made 45 such certifications to, and entered into such binding agreements with, 46 the commissioner as the commissioner considers necessary to ensure that 47 during the five year period beginning upon initial receipt by such 48 affordable housing operator of payment under this section for such 49 dwelling, such dwelling shall be subject to the following requirements: 50 (1) the monthly rental amounts for the rental units within the proper- 51 ty may not be increased from the amount of such rent charged as of the 52 date of the enactment of this act; 53 (2) tenants of the rental units may be evicted only for the following 54 reasons: 55 (A) the tenant is violating a substantial obligation of their tenancy 56 other than the obligation to surrender possession of such housing accom-S. 4050--A 5 1 modation and has failed to cure such violation after written notice by 2 the landlord that the violation cease within 10 days, or within the 3 3 month period immediately prior to the commencement of the proceeding the 4 tenant has willfully violated such an obligation inflicting serious and 5 substantial injury to the landlord; 6 (B) the tenant is committing or permitting a nuisance in such housing 7 accommodation or is maliciously or by reason of gross negligence 8 substantially damaging the housing accommodations, or the tenant's 9 conduct is such as to interfere substantially with the comfort or safety 10 of the landlord or of other tenants or occupants of the same or other 11 adjacent building or structure; 12 (C) occupancy of the housing accommodations by the tenant is illegal 13 because of the requirements of law, and the landlord is subject to civil 14 or criminal penalties therefor, or both; 15 (D) the tenant is using or permitting such housing accommodation to be 16 used for an illegal purpose; 17 (E) the tenant who had a written lease or other written rental agree- 18 ment which terminates on or after the effective date of this statute, 19 has refused upon demand of the landlord to execute a written extension 20 or renewal thereof for a further term of like duration not in excess of 21 one year but otherwise on the same terms and conditions as the previous 22 lease except in so far as such terms and conditions are inconsistent 23 with this act; or 24 (F) the tenant has unreasonably refused the landlord access to the 25 housing accommodations for the purpose of making necessary repairs or 26 improvements required by law or for the purpose of inspection or of 27 showing the accommodations to a prospective purchaser, mortgagee or 28 prospective mortgagee, or other person having a legitimate interest 29 therein; provided, however, that in the latter event such refusal shall 30 not be grounds for removal or eviction if such inspection or showing of 31 the accommodations is contrary to the provisions of the tenant's lease 32 or other rental agreement; 33 (3) the rental dwelling shall not have any outstanding violations for 34 hazardous or immediately hazardous conditions; 35 (4) the affordable housing operator may not refuse to rent any rental 36 dwelling unit, or discriminate in the renting of any rental dwelling 37 unit, to a household based on the source of income of such household, 38 including income under the program under section 8(o) of the United 39 States Housing Act of 1937 (42 U.S.C. 1437f(o)) or any similar tenant- 40 based rental assistance program; 41 (5) the affordable housing operator may not restrict tenancy of the 42 dwelling unit on the basis of sexual identity or orientation, gender 43 identity or expression, conviction or arrest record, credit history, or 44 immigration status; 45 (6) the affordable housing operator may not retaliate in any way 46 against a tenant of the dwelling unit; and 47 (7) the affordable housing operator may not report the tenant of the 48 dwelling unit or provide any adverse information regarding the tenant to 49 any credit reporting or tenant screening agency. 50 (ii) Assistance may not be provided under this section with respect to 51 any dwelling unit for which assistance is provided pursuant to section 52 five, six or eight of this act. 53 (d) (i) Subject to paragraph (ii) of this subdivision, the amount of a 54 payment under this section with respect to a rental dwelling may not 55 exceed the aggregate amount of rent for the rental dwelling suspended 56 pursuant to subdivision (a) of section four of this act and attributableS. 4050--A 6 1 only to days from March 7, 2020 until the expiration of 90 days after 2 the executive declares that the state disaster emergency has ended 3 during which the dwelling unit was occupied by a tenant otherwise 4 required to pay rent for such occupancy. 5 (ii) In making payments under this section with respect to any rental 6 dwelling unit for which a tenant made a payment of rent during the peri- 7 od run from March 7, 2020 until the expiration of 90 days after the 8 executive declares that the state disaster emergency has ended the 9 commissioner of housing and community renewal agency shall: 10 (1) reduce the amount of the payment to the affordable housing opera- 11 tor under paragraph (i) of this subdivision by the amount of any such 12 rent paid; and 13 (2) make a payment to such tenant in the amount of any such rent paid. 14 (iii) In making payments under this section with respect to any dwell- 15 ing for which the affordable housing operator received mortgage payment 16 relief under section five of this act the commissioner shall reduce the 17 amount of the payment to the affordable housing operator for lost rent 18 by the amount of mortgage payment relief received under section five of 19 this act. 20 (e) If an affordable housing operator violates any requirement with 21 respect to a covered rental dwelling unit under any certification or 22 agreement entered into pursuant to paragraph (i) of subdivision (c) of 23 this section, the commissioner shall recapture from the affordable hous- 24 ing operator an amount equal to the entire amount of assistance provided 25 under this section that is attributable to such dwelling unit and ensure 26 that such amount is recaptured. 27 (f) There is hereby authorized to be appropriated such sums as may be 28 necessary to reimburse all affordable housing operators for all rent 29 payments suspended pursuant to subdivision (a) of section four of this 30 act. 31 (g) (i) Any affordable housing operator may apply for an exemption 32 from one or more of the requirements set forth in subdivision (c) of 33 this section and the commissioner shall grant exemptions from the 34 requirements set forth in subdivision (c) of this section upon determin- 35 ing that the affordable housing operator would otherwise suffer undue 36 financial hardship resulting from the requirements for which exemption 37 is sought. 38 (ii) Any affordable housing operator aggrieved by the commissioner's 39 decision on an application under this section or for a hardship 40 exemption pursuant to paragraph (i) of this subdivision may within 30 41 days of the commissioner's decision seek judicial review pursuant to 42 article 78 of the civil practice law and rules. In the event that the 43 court may find that the decision of the commissioner constitutes the 44 equivalent of a taking without compensation, it may, at the election of 45 the commissioner, either set aside the decision or order the payment of 46 just compensation by the commissioner. 47 § 8. Landlord relief fund, application, fair rental requirements, 48 prohibition on duplication of assistance. (a) The commissioner of hous- 49 ing and community renewal shall establish and manage a landlord relief 50 fund, or in this section referred to as "the fund", to provide lessors 51 payments under this section to reimburse such lessors for rent payments 52 cancelled pursuant to subdivision (a) of section four of this act. 53 (b) The commissioner shall provide for lessors of rental dwellings to 54 apply for reimbursement payments from the fund, which applications shall 55 include the certifications and binding agreements required pursuant to 56 subdivision (c) of this section.S. 4050--A 7 1 (c) The commissioner may provide a payment under this section only 2 with respect to rental dwellings that meet all of the following require- 3 ments: 4 (i) The lessor of the rental dwelling has made such certifications to, 5 and entered into such binding agreements with, the commissioner as the 6 commissioner considers necessary to ensure that during the five year 7 period beginning upon initial receipt by such lessor of payment under 8 this section for such dwelling, such dwelling shall be subject to the 9 following requirements: 10 (1) the monthly rental amounts for the rental units within the proper- 11 ty may not be increased from the amount of such rent charged as of the 12 date of the enactment of this act; 13 (2) tenants of the rental units may be evicted only for the following 14 reasons: 15 (A) the tenant is violating a substantial obligation of his tenancy 16 other than the obligation to surrender possession of such housing accom- 17 modation and has failed to cure such violation after written notice by 18 the landlord that the violation cease within ten days, or within the 3 19 month period immediately prior to the commencement of the proceeding the 20 tenant has willfully violated such an obligation inflicting serious and 21 substantial injury to the landlord; 22 (B) the tenant is committing or permitting a nuisance in such housing 23 accommodation or is maliciously or by reason of gross negligence 24 substantially damaging the housing accommodations; or his conduct is 25 such as to interfere substantially with the comfort or safety of the 26 landlord or of other tenants or occupants of the same or other adjacent 27 building or structure; 28 (C) occupancy of the housing accommodations by the tenant is illegal 29 because of the requirements of law, and the landlord is subject to civil 30 or criminal penalties therefor, or both; 31 (D) the tenant is using or permitting such housing accommodation to be 32 used for an illegal purpose; 33 (E) the tenant who had a written lease or other written rental agree- 34 ment which terminates on or after the effective date of this statute, 35 has refused upon demand of the landlord to execute a written extension 36 or renewal thereof for a further term of like duration not in excess of 37 one year but otherwise on the same terms and conditions as the previous 38 lease except in so far as such terms and conditions are inconsistent 39 with this act; or 40 (F) the tenant has unreasonably refused the landlord access to the 41 housing accommodations for the purpose of making necessary repairs or 42 improvements required by law or for the purpose of inspection or of 43 showing the accommodations to a prospective purchaser, mortgagee or 44 prospective mortgagee, or other person having a legitimate interest 45 therein; provided, however, that in the latter event such refusal shall 46 not be grounds for removal or eviction if such inspection or showing of 47 the accommodations is contrary to the provisions of the tenant's lease 48 or other rental agreement; 49 (3) the rental dwelling shall not have any outstanding violations for 50 hazardous or immediately hazardous conditions; 51 (4) the lessor may not refuse to rent any rental dwelling unit, or 52 discriminate in the renting of any rental dwelling unit, to a household 53 based on the source of income of such household, including income under 54 the program under section 8(o) of the United States Housing Act of 1937 55 (42 U.S.C. 1437f(o)) or any similar tenant-based rental assistance 56 program;S. 4050--A 8 1 (5) the lessor may not restrict tenancy of the dwelling unit on the 2 basis of sexual identity or orientation, gender identity or expression, 3 conviction or arrest record, credit history, or immigration status; 4 (6) the lessor may not retaliate in any way against a tenant of the 5 dwelling unit; and 6 (7) the lessor may not report the tenant of the dwelling unit or 7 provide any adverse information regarding the tenant to any credit 8 reporting or tenant screening agency. 9 (ii) Assistance may not be provided under this section with respect to 10 any dwelling unit for which assistance is provided pursuant to section 11 five, six or seven of this act. 12 (d) (i) Subject to paragraph (ii) of this subdivision, the amount of a 13 payment under this section with respect to a rental dwelling may not 14 exceed the aggregate amount of rent for the rental dwelling suspended 15 pursuant to subdivision (a) of section four of this act and attributable 16 only to days from March 7, 2020 until the expiration of 90 days after 17 the executive declares that the state disaster emergency has ended 18 during which the dwelling unit was occupied by a tenant otherwise 19 required to pay rent for such occupancy. 20 (ii) In making payments under this section with respect to any rental 21 dwelling unit for which a tenant made a payment of rent during the peri- 22 od run from March 7, 2020 until the expiration of 90 days after the 23 executive declares that the state disaster emergency has ended the 24 commissioner shall: 25 (1) reduce the amount of the payment to the lessor under paragraph (i) 26 of this subdivision by the amount of any such rent paid; and 27 (2) make a payment to such tenant in the amount of any such rent paid. 28 (iii) In making payments under this section with respect to any dwell- 29 ing for which the lessor received mortgage payment relief under section 30 five of this act the commissioner shall reduce the amount of the payment 31 to the lessor for lost rent by the amount of mortgage payment relief 32 received under section five of this act. 33 (e) In making payments under this section, the commissioner shall 34 establish a tiered system for priority for such payments based on 35 assets, revenues, and disclosure requirements with respect to lessors. 36 Such system shall provide priority for making payments to eligible small 37 homeowners and lessors having the fewest available amount of assets. 38 (f) If a lessor violates any requirement with respect to a covered 39 rental dwelling unit under any certification or agreement entered into 40 pursuant to paragraph (i) of subdivision (c) of this section, the 41 commissioner shall recapture from the lessor an amount equal to the 42 entire amount of assistance provided under this section that is attrib- 43 utable to such dwelling unit and ensure that such amount is recaptured 44 into the fund. 45 (g) There is authorized to be appropriated for the fund established 46 pursuant to this section such sums as may be necessary to reimburse all 47 lessors for all rent payments suspended pursuant to subdivision (a) of 48 section four of this act. 49 (h) (i) Any lessor may apply for an exemption from one or more of the 50 requirements set forth in subdivision (c) of this section and the 51 commissioner shall grant exemptions from requirements set forth in 52 subdivision (c) of this section upon determining that the lessor would 53 otherwise suffer undue financial hardship resulting from the require- 54 ments for which exemption is sought. 55 (ii) Any lessor aggrieved by the commissioner's decision on an appli- 56 cation to the Fund or for a hardship exemption pursuant to paragraph (i)S. 4050--A 9 1 of this subdivision may within 30 days of the commissioner's decision 2 seek judicial review pursuant to article 78 of the civil practice law 3 and rules. In the event that the court may find that the decision of the 4 commissioner constitutes the equivalent of a taking without compen- 5 sation, it may, at the election of the commissioner, either set aside 6 the decision or order the payment of just compensation by the commis- 7 sioner. 8 § 9. Assistance to public housing authorities. (a) The commissioner of 9 housing and community renewal shall establish and manage a public hous- 10 ing relief fund, or in this section referred to as "the public housing 11 relief fund", to provide public housing authorities with funds to 12 compensate for expenses related to COVID-19 and unpaid rent that would 13 have been payable by residential tenants pursuant to 42 U.S.C. 1437a 14 during the period from March 7, 2020 until the expiration of 90 days 15 after the executive declares that the state disaster emergency has 16 ended. 17 (b) The commissioner shall provide for public housing authorities to 18 apply for payments from the public housing relief fund and shall promul- 19 gate regulations establishing the procedural requirements for such 20 applications. 21 (c) It is hereby declared to be the intent of the legislature that to 22 the extent that any part of this section is inconsistent with article 4 23 of the public housing law, this statute will prevail. 24 § 10. Civil action. (a) Any individual aggrieved by an adverse action 25 taken by a lessor, affordable housing operator, public housing authori- 26 ty, or mortgagee for exercising rights under section four or five of 27 this act may commence a civil action under this section against the 28 lessor, affordable housing operator, public housing authority, or mort- 29 gagee violating such section in an appropriate state court or a local 30 court of competent jurisdiction not later than 2 years after such 31 violation occurs for damages under subdivision (b) of this section. 32 (b) Any lessor or mortgagee found to have taken adverse action against 33 any lessee or mortgagor for exercising rights under section four or five 34 of this act shall be liable: 35 (i) to the individual aggrieved by such violation, for any actual 36 damages as a result of such adverse action; and 37 (ii) for a fine in the amount of: 38 (1) $10,000, in the case of a violation that is the first violation by 39 such lessor or mortgagee; 40 (2) $20,000, in the case of a violation that is the second violation 41 by such lessor or mortgagee; and 42 (3) $100,000 or forfeiture of the property, in the case of a violation 43 that is the third or subsequent violation by such lessor or mortgagee. 44 (c) In an action brought under this section, the court: 45 (i) may award preventative relief, including a permanent or temporary 46 injunction or other order, to ensure the full rights granted by sections 47 four and five of this act; and 48 (ii) shall award any prevailing plaintiff reasonable attorney's fees 49 and costs. 50 (d) The attorney general may bring a civil action in any appropriate 51 court against any individual or entity which violates section four or 52 five of this act for fines under paragraph (ii) of subdivision (b) of 53 this section. 54 § 11. Non-severability clause. If section four of this act is adjudged 55 by a court of competent jurisdiction to be invalid, then sections six, 56 seven and eight of this act shall also be deemed invalid and it is here-S. 4050--A 10 1 by declared to be the intent of the legislature that sections six, seven 2 and eight of this act would not have been enacted if section four of 3 this act had not been included herein. 4 § 12. Severability clause. If any clause, sentence, paragraph, subdi- 5 vision, section or part of this act other than section four of this act 6 shall be adjudged by a court of competent jurisdiction to be invalid, 7 such judgment shall not affect, impair or invalidate the remainder ther- 8 eof, but shall be confined in its operation to the clause, sentence, 9 paragraph, subdivision, section or part thereof directly involved in the 10 controversy in which such judgment shall have been rendered. It is here- 11 by declared to be the intent of the legislature that this act would have 12 been enacted even if such invalid provisions had not been included here- 13 in. 14 § 13. This act shall take effect immediately.
