QUESTION
What are the new enforcement mechanisms for the J51 program?
1:46:52
·
87 sec
The Deputy Commissioner explains that the new J51 program iteration has much more expansive enforcement options compared to the previous version.
- HPD can revoke benefits if owners fail to comply with rent stabilization requirements, engage in tenant harassment, or commit other substantial violations.
- HPD can extend the restriction period or increase the number of qualifying rent units.
- HPD can impose fines or appoint a receiver.
- There is potential criminal liability for unauthorized property uses like Airbnb rentals, with possible misdemeanors, fines, or imprisonment.
- Tenants now have a right of private action.
Pierina Ana Sanchez
1:46:52
How are the enforcement mechanisms in this iteration of the program different from the previous version?
Kim Darga
1:46:57
Mhmm.
1:46:58
These are much more expansive, and let me just pull it because I have a there's a long list of things year.
1:47:06
So historically, our main enforcement option was around revocation.
1:47:13
And now there's a lot of interim other options that we have available to us.
1:47:19
So We can revoke if the owner fails to comply with rent stabilization requirements, engages in tenant harassment, or commits other substantial violations of the program requirements.
1:47:32
HPD can also though extend the restriction period, increase the number of qualifying rent units impose a fine or a point of receiver.
1:47:42
And we also there is ability to look at criminal liability for unauthorized uses of the property, which could include renting units.
1:47:57
Through Airbnb, for example.
1:48:01
Also possible misdemeanor with possible fines of two times the value from unauthorized use or 90 days imprisonment.
1:48:12
And we also now have there is an ability for a tenant right of private action as well.
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What assistance or help will HPD provide for residents who want to pursue a private right of action?