§ 957. Enforcement; penalties. 1. The attorney general may enforce the provisions of section nine hundred fifty-three, subdivision one of section nine hundred fifty-five, or subdivision two of § 956 of the executive law.

Terms Used In N.Y. Real Property Tax Law 957

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Mortgagor: means a person having title to and occupying a one to six family residence which is located in this state and is subject to a mortgage. See N.Y. Real Property Tax Law 952
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.

2. Whenever the court shall determine that a defendant has engaged in repeated fraudulent or illegal acts, as defined in subdivision twelve of § 63 of the executive law, in violation of section nine hundred fifty-three, subdivision one of section nine hundred fifty-five or subdivision two of section nine hundred fifty-six of this title, the court may impose a civil penalty of not more than one thousand dollars for each violation of subdivision one, two or four of section nine hundred fifty-three, subdivision one of section nine hundred fifty-five or subdivision two of section nine hundred fifty-six of this title and not more than two hundred fifty dollars for each violation of subdivision three, five, six, seven, eight or nine of section nine hundred fifty-three of this title, unless the defendant shows by a preponderance of the evidence that the violation resulted from a bona fide error made notwithstanding the maintenance of procedures reasonably adopted to avoid any such error.

3. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.

4. Nothing in this section shall preclude a mortgagor from obtaining any relief or remedy at law or in equity to which such mortgagor may be entitled, including those remedies and relief provided for in subdivision one of section nine hundred fifty-six of this title.