New York State Bill A5901

New York State Bill A05901

Summary of Bill A05901

BILL NO   A05901

SPONSOR   Stringer

COSPNSR   Dinowitz, Grannis, Diaz

MLTSPNSR  Clark, Colton, Glick, Gottfried, Hoyt, Katz, Mayersohn, Meeks, Ortiz,
          Rivera, Weinstein

Add S2-a, Emerg Hous Ren Cont L; amd SS26-403.1 & 26-504.3, NYC Ad Cd; amd
S5-a, Emerg Ten Prot Act of 1974

Requires hearing by the division of housing and community renewal prior to
order of decontrol for failure to respond to income certification material
relating to high income rent decontrol; provides that failure to appear at the
hearing will result in an order of decontrol.

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Actions on Bill A05901

BILL NO   A05901

03/04/97  referred to housing

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Votes on Bill A05901

Vote record not found for bill A5901

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Memo on Bill A05901

BILL NUMBER: A5901

PURPOSE OR GENERAL IDEA OF BILL:  To ensure that tenants do not have
the apartments decontrolled due to paperwork errors.

SUMMARY OF SPECIFIC PROVISIONS:  Amends subdivision (c) of section 2-a
of Chapter 274 of the laws of 1946, constituting the emergency housing
rent control law, as added by chapter 253 of the laws of 1993 and
subdivision (c) of section 26-403.1 of the administrative code of the
city of New York, as added by chapter 253 of the laws of 1993.

JUSTIFICATION:  Under the 1993 luxury decontrol provisions, tenants
who do not respond in a timely fashion to income certification
documents have their apartments automatically certified as
decontrolled and their rents raised.

This has led to many apartments being decontrolled on the basis of
missed deadlines alone -- and not income criteria.  In fact, many of
these tenants do not meet the specific income and rent criteria for
decontrol.

Tenants have missed the deadline because they were away or because
they have been confused by additional paperwork which they received
and didn`t think they needed to respond to.  Regardless, tenants
should have a chance for a hearing to challenge these rulings instead
of having their apartments automatically decontrolled. This bill
simply gives tenants a chance to contest decontrol rulings when they
have legitimate reasons for missing a deadline.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect immediately and shall
apply to all income certifications issued by the division of housing
and community renewal on and after May 5, 1997; provided that the
amendments t section 2-a of the emergency housing rent control law
made by section one of this act shall expire on the same date as such
law expires and shall not affect the expiration of such law as
provided in subdivision 2 of section 1 of chapter 274 of the laws of
1946; provided that the amendments to section 26-403.1 of the city
rent and rehabilitation law made by section two of this act shall
remain in full force and effect only so long as the public emergency
requiring the regulation and control of residential rents and
evictions continues, as provided in subdivision 3 of section 1 of the
local emergency housing rent control act; provided that the amendments
to section 26-504.3 of the rent stabilization law of a nineteen
hundred sixty-nine made by section three of this act shall expire on
the same date as such law expires and shall not affect the expiration
of a such law under section 26-520 of such law; and provided that the
amendments to section 5-a of the emergency tenant protection act of
nineteen seventy-four made by section four of this act shall expire on
the same date as such act expires and shall not affect the expiration
of such act as provided in section 17 of chapter 576 of the laws of
1974.