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Tag: penalties

Aug 12, 2020

DOJ Announces Policy to End Enforcement Overlap with States under Clean Water Act

No Penalty

On Monday, July 27, the DOJ issued a memo stating that federal actions seeking penalties under the Clean Water Act (CWA) will be strongly disfavored when a state has already initiated its own enforcement action.  The memo notes that the CWA already precludes federal action when a state is pursuing administrative proceedings against an alleged violator under comparable state law, but that the CWA does not have the same prohibition when a state is pursuing a judicial enforcement action.  The policy applies only to civil actions, not criminal cases, and is designed to respect state authority, and avoid duplicative enforcement… Read more

Oct 25, 2016

Update on Short-Term Rentals

happy young couple opening door and welcoming friends apartment

On October 21st, Governor Cuomo signed into law a bill that allows fines to be imposed on persons who advertise short-term rentals such as those commonly marketed through Airbnb and similar services. The penalties available are $1,000 for the first violation, $5,000 for the second violation and $7,500 for third and subsequent violations. Airbnb challenged the validity of the law almost immediately in federal court but, unless its enforcement is enjoined or it is struck down, it will remain in effect. As we discussed in our prior memorandum dated March 4, 2015, titled “Occupants”, New York State law bans the… Read more