new york penal law 180 56 rent gouging in the second degree

NY Penal Law 180.56 – Rent Gouging in the Second Degree

Hey friend! If you’re a New York landlord dealing with charges under Penal Law 180.56 for rent gouging in the second degree, I understand your concern. But don’t stress! This article will explain the law, penalties, and possible defenses so you know how to protect your rights. I’m here to educate and support you.

What is Rent Gouging in New York?

Rent gouging laws prohibit landlords from improperly influencing renters to pay inflated or unreasonable rents[1]. Under NY Penal Law 180.56, second degree rent gouging involves[2]:

• Soliciting, accepting, or agreeing to inflated rent payments
• Making false or misleading statements to persuade renters
• Using other tactics like harassment, threats, or retaliation

The key is landlords can’t use illegal methods to pressure tenants into paying excessive rents.

What Are the Penalties Under Penal Law 180.56?

Rent gouging in the second degree is a Class A misdemeanor in New York[3]. Potential penalties include:

• Up to 1 year in jail
• Fines up to $1,000
• Permanent criminal record

First degree rent gouging (involving violations within 5 years) is a more serious felony charge. So these allegations must be taken very seriously.

Are There Defenses to This Charge?

Yes, an experienced criminal defense lawyer can often get rent gouging charges reduced or dismissed. Some potential defenses include[4]:

• You did not illegally coerce inflated rents
• The rent charged was reasonable for the market
• You have evidence disproving the allegations
• The tenant is making false accusations

A skilled attorney will aggressively challenge the prosecution’s interpretation of your rental activities.

Can I Be Convicted if the Rent Was Not Actually Excessive?

Yes, the rent gouging law prohibits landlords from even attempting to improperly influence rents, regardless of whether the rent was truly inflated[5]. But charging reasonable market rents helps show you lacked intent to gouge tenants.

What Should I Do if Facing Rent Gouging Charges?

If questioned, arrested or charged with rent gouging, experts recommend:

• Remain silent and avoid self-incrimination
• Hire an experienced criminal defense lawyer immediately
• Follow all conditions of bail or pretrial release
• Save evidence like market rent analyses and written communications

An aggressive defense is essential when facing these serious allegations.

Key Takeaways

Let’s recap some key points about rent gouging charges under NY Penal Law 180.56:

• It’s a Class A misdemeanor with up to 1 year in jail
• No proof of actual excessive rent is required
• Experienced lawyers can often beat the charges
• Reasonable market rents help show lack of intent to gouge
• Remaining silent and hiring a lawyer quickly is critical

I hope this overview helps you understand the seriousness of rent gouging allegations. Skilled defense attorneys can protect your rights. Don’t go through it alone.