New York State Bill A5901
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Text of New York State Bill A05901 S T A T E O F N E W Y O R K ________________________________________________________________________ 5901 1997-1998 Regular Sessions I N A S S E M B L Y March 4, 1997 ___________ Introduced by M. of A. STRINGER, DINOWITZ, GRANNIS -- Multi-Sponsored by -- M. of A. CLARK, COLTON, GLICK, GOTTFRIED, HOYT, KATZ, MAYERSOHN, MEEKS, ORTIZ, RIVERA, WEINSTEIN -- read once and referred to the Committee on Housing AN ACT to amend the emergency housing rent control law, the administra- tive code of the city of New York and the emergency tenant protection act of nineteen seventy-four, in relation to providing for a hearing before the division of housing and community renewal prior to issuance of an order of decontrol for failure to respond to income certif- ication material THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision (c) of section 2-a of chapter 274 of the laws 2 of 1946, constituting the emergency housing rent control law, as added 3 by chapter 253 of the laws of 1993, is amended to read as follows: 4 (c) 1. In the event that the tenant or tenants either fail to return 5 the completed certification to the owner on or before the date required 6 by subdivision (b) of this section or the owner disputes the certif- 7 ication returned by the tenant or tenants, the owner may, on or before 8 June thirtieth of such year, petition the state division of housing and 9 community renewal to verify, pursuant to section one hundred seventy- 10 one-b of the tax law, whether the total annual income exceeds two 11 hundred fifty thousand dollars in each of the two preceding calendar 12 years. Within twenty days after the filing of such request with the 13 division, the division shall notify the tenant or tenants that such 14 tenant or tenants must provide the division with such information as the 15 division and the department of taxation and finance shall require to 16 verify whether the total annual income exceeds two hundred fifty thou- 17 sand dollars in each such year. The division`s notification shall 18 require the tenant or tenants to provide the information to the division 19 within sixty days of service upon such tenant or tenants and shall EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets { } is old law to be omitted. LBD08010-01-7 A. 5901 2 1 include a warning in bold faced type that failure to respond MAY RESULT 2 IN AN ORDER OF DECONTROL BEING ISSUED BY THE DIVISION FOR SUCH HOUSING 3 ACCOMMODATION FOLLOWING A HEARING TO BE SCHEDULED NOT MORE THAN NINETY 4 DAYS FROM THE DATE THE DIVISION SENT SUCH TENANT OR TENANTS THE NOTICE 5 PROVIDED IN THIS PARAGRAPH, THE NOTIFICATION SHALL ADVISE SUCH TENANT OR 6 TENANTS THAT FAILURE TO APPEAR AT SUCH HEARING will result in an order 7 of decontrol being issued by the division for such housing accommo- 8 dation. 9 2. If the department of taxation and finance determines that the total 10 annual income is in excess of two hundred fifty thousand dollars in each 11 of the two preceding calendar years, the division shall, on or before 12 November fifteenth of such year, notify the owner and tenants of the 13 results of such verification. Both the owner and the tenants shall have 14 thirty days within which to comment on such verification results. With- 15 in forty-five days after the expiration of the comment period, the divi- 16 sion shall, where appropriate, issue an order of decontrol providing 17 that such housing accommodation shall not be subject to the provisions 18 of this law as of the first day of March in the year next succeeding the 19 filing of the owner`s petition with the division. A copy of such order 20 shall be mailed by regular and certified mail, return receipt requested, 21 to the tenant or tenants and a copy thereof shall be sent to the owner. 22 3. In the event the tenant or tenants fail to {provide the informa- 23 tion} APPEAR AT THE HEARING required pursuant to paragraph one of this 24 subdivision, the division shall issue, on or before December first of 25 such year, an order of decontrol providing that such housing accommo- 26 dation shall not be subject to the provisions of this law as of the 27 first day of March in the year next succeeding the last day on which the 28 tenant or tenants were required to {provide the information} APPEAR AT 29 THE HEARING required by such paragraph. A copy of such order shall be 30 mailed by regular and certified mail, return receipt requested, to the 31 tenant or tenants and a copy thereof shall be sent to the owner. 32 4. The provisions of the state freedom of information act shall not 33 apply to any income information obtained by the division pursuant to 34 this section. 35 S 2. Subdivision (c) of section 26-403.1 of the administrative code of 36 the city of New York, as added by chapter 253 of the laws of 1993, is 37 amended to read as follows: 38 (c) 1. In the event that the tenant or tenants either fail to return 39 the completed certification to the owner on or before the date required 40 by subdivision (b) of this section or the owner disputes the certif- 41 ication returned by the tenant or tenants, the owner may, on or before 42 June thirtieth of such year, petition the state division of housing and 43 community renewal to verify, pursuant to section one hundred seventy- 44 one-b of the tax law, whether the total annual income exceeds two 45 hundred fifty thousand dollars in each of the two preceding calendar 46 years. Within twenty days after the filing of such request with the 47 division, the division shall notify the tenant or tenants that such 48 tenant or tenants must provide the division with such information as the 49 division and the department of taxation and finance shall require to 50 verify whether the total annual income exceeds two hundred fifty thou- 51 sand dollars in each such year. The division`s notification shall 52 require the tenant or tenants to provide the information to the division 53 within sixty days of service upon such tenant or tenants and shall 54 include a warning in bold faced type that failure to respond MAY RESULT 55 IN AN ORDER OF DECONTROL BEING ISSUED BY THE DIVISION FOR SUCH HOUSING 56 ACCOMMODATION FOLLOWING A HEARING TO BE SCHEDULED NOT MORE THAN NINETY A. 5901 3 1 DAYS FROM THE DATE THE DIVISION SENT SUCH TENANT OR TENANTS THE NOTICE 2 PROVIDED IN THIS PARAGRAPH, THE NOTIFICATION SHALL ADVISE SUCH TENANT OR 3 TENANTS THAT FAILURE TO APPEAR AT SUCH HEARING will result in an order 4 of decontrol being issued by the division for such housing accommo- 5 dation. 6 2. If the department of taxation and finance determines that the total 7 annual income is in excess of two hundred fifty thousand dollars in each 8 of the two preceding calendar years, the division shall, on or before 9 November fifteenth of such year, notify the owner and tenants of the 10 results of such verification. Both the owner and the tenants shall have 11 thirty days within which to comment on such verification results. Within 12 forty-five days after the expiration of the comment period, the division 13 shall, where appropriate, issue an order of decontrol providing that 14 such housing accommodation shall not be subject to the provisions of 15 this law as of the first day of March in the year next succeeding the 16 filing of the owner`s petition with the division. A copy of such order 17 shall be mailed by regular and certified mail, return receipt requested, 18 to the tenant or tenants and a copy thereof shall be sent to the owner. 19 3. In the event the tenant or tenants fail to {provide the informa- 20 tion} APPEAR AT THE HEARING required pursuant to paragraph one of this 21 subdivision, the division shall issue, on or before December first of 22 such year, an order of decontrol providing that such housing accommo- 23 dation shall not be subject to the provisions of this law as of the 24 first day of March in the year next succeeding the last day on which the 25 tenant or tenants were required to {provide the information} APPEAR AT 26 THE HEARING required by such paragraph. A copy of such order shall be 27 mailed by regular and certified mail, return receipt requested, to the 28 tenant or tenants and a copy thereof shall be sent to the owner. 29 4. The provisions of the state freedom of information act shall not 30 apply to any income information obtained by the division pursuant to 31 this section. 32 S 3. Subdivision (c) of section 26-504.3 of the administrative code of 33 the city of New York, as added by chapter 253 of the laws of 1993, is 34 amended to read as follows: 35 (c) 1. In the event that the tenant or tenants either fail to return 36 the completed certification to the owner on or before the date required 37 by subdivision (b) of this section or the owner disputes the certif- 38 ication returned by the tenant or tenants, the owner may, on or before 39 June thirtieth of such year, petition the state division of housing and 40 community renewal to verify, pursuant to section one hundred seventy- 41 one-b of the tax law, whether the total annual income exceeds two 42 hundred fifty thousand dollars in each of the two preceding calendar 43 years. Within twenty days after the filing of such request with the 44 division, the division shall notify the tenant or tenants named on the 45 lease that such tenant or tenants must provide the division with such 46 information as the division and the department of taxation and finance 47 shall require to verify whether the total annual income exceeds two 48 hundred fifty thousand dollars in each such year. The division`s notifi- 49 cation shall require the tenant or tenants to provide the information to 50 the division within sixty days of service upon such tenant or tenants 51 and shall include a warning in bold faced type that failure to respond 52 MAY RESULT IN AN ORDER OF DECONTROL BEING ISSUED BY THE DIVISION FOR 53 SUCH HOUSING ACCOMMODATION FOLLOWING A HEARING TO BE SCHEDULED NOT MORE 54 THAN NINETY DAYS FROM THE DATE THE DIVISION SENT SUCH TENANT OR TENANTS 55 THE NOTICE PROVIDED IN THIS PARAGRAPH, THE NOTIFICATION SHALL ADVISE 56 SUCH TENANT OR TENANTS THAT FAILURE TO APPEAR AT SUCH HEARING will A. 5901 4 1 result in an order being issued by the division providing that such 2 housing accommodation shall not be subject to the provisions of this 3 law. 4 2. If the department of taxation and finance determines that the total 5 annual income is in excess of two hundred fifty thousand dollars in each 6 of the two preceding calendar years, the division shall, on or before 7 November fifteenth of such year, notify the owner and tenants of the 8 results of such verification. Both the owner and the tenants shall have 9 thirty days within which to comment on such verification results. Within 10 forty-five days after the expiration of the comment period, the division 11 shall, where appropriate, issue an order providing that such housing 12 accommodation shall not be subject to the provisions of this law upon 13 the expiration of the existing lease. A copy of such order shall be 14 mailed by regular and certified mail, return receipt requested, to the 15 tenant or tenants and a copy thereof shall be sent to the owner. 16 3. In the event the tenant or tenants fail to {provide the informa- 17 tion} APPEAR AT THE HEARING required pursuant to paragraph one of this 18 subdivision, the division shall issue, on or before December first of 19 such year, an order providing that such housing accommodation shall not 20 be subject to the provisions of this law upon the expiration of the 21 current lease. A copy of such order shall be mailed by regular and 22 certified mail, return receipt requested, to the tenant or tenants and a 23 copy thereof shall be sent to the owner. 24 4. The provisions of the state freedom of information act shall not 25 apply to any income information obtained by the division pursuant to 26 this section. 27 S 4. Subdivision (c) of section 5-a of section 4 of chapter 546 of the 28 laws of 1974, constituting the emergency tenant protection act of nine- 29 teen seventy-four, as added by chapter 253 of the laws of 1993, is 30 amended to read as follows: 31 (c) 1. In the event that the tenant or tenants either fail to return 32 the completed certification to the owner on or before the date required 33 by subdivision (b) of this section or the owner disputes the certif- 34 ication returned by the tenant or tenants, the owner may, on or before 35 June thirtieth of such year, petition the state division of housing and 36 community renewal to verify, pursuant to section one hundred seventy- 37 one-b of the tax law, whether the total annual income exceeds two 38 hundred fifty thousand dollars in each of the two preceding calendar 39 years. Within twenty days after the filing of such request with the 40 division, the division shall notify the tenant or tenants that such 41 tenant or tenants named on the lease must provide the division with such 42 information as the division and the department of taxation and finance 43 shall require to verify whether the total annual income exceeds two 44 hundred fifty thousand dollars in each such year. The division`s notifi- 45 cation shall require the tenant or tenants to provide the information to 46 the division within sixty days of service upon such tenant or tenants 47 and shall include a warning in bold faced type that failure to respond 48 MAY RESULT IN AN ORDER OF DECONTROL BEING ISSUED BY THE DIVISION FOR 49 SUCH HOUSING ACCOMMODATION FOLLOWING A HEARING TO BE SCHEDULED NOT MORE 50 THAN NINETY DAYS FROM THE DATE THE DIVISION SENT SUCH TENANT OR TENANTS 51 THE NOTICE PROVIDED IN THIS PARAGRAPH, THE NOTIFICATION SHALL ADVISE 52 SUCH TENANT OR TENANTS THAT FAILURE TO APPEAR AT SUCH HEARING will 53 result in an order being issued by the division providing that such 54 housing accommodations shall not be subject to the provisions of this 55 act. A. 5901 5 1 2. If the department of taxation and finance determines that the total 2 annual income is in excess of two hundred fifty thousand dollars in each 3 of the two preceding calendar years, the division shall, on or before 4 November fifteenth of such year, notify the owner and tenants of the 5 results of such verification. Both the owner and the tenants shall have 6 thirty days within which to comment on such verification results. Within 7 forty-five days after the expiration of the comment period, the division 8 shall, where appropriate, issue an order providing that such housing 9 accommodation shall not be subject to the provisions of this act upon 10 expiration of the existing lease. A copy of such order shall be mailed 11 by regular and certified mail, return receipt requested, to the tenant 12 or tenants and a copy thereof shall be sent to the owner. 13 3. In the event the tenant or tenants fail to {provide the informa- 14 tion} APPEAR AT THE HEARING required pursuant to paragraph one of this 15 subdivision, the division shall issue, on or before December first of 16 such year, an order providing that such housing accommodation shall not 17 be subject to the provisions of this act upon the expiration {or} OF the 18 current lease. A copy of such order shall be mailed by regular and 19 certified mail, return receipt requested, to the tenant or tenants and a 20 copy thereof shall be sent to the owner. 21 4. The provisions of the state freedom of information act shall not 22 apply to any income information obtained by the division pursuant to 23 this section. 24 S 5. This act shall take effect immediately and shall apply to all 25 income certifications issued by the division of housing and community 26 renewal on and after May 5, 1997; provided that the amendments to 27 section 2-a of the emergency housing rent control law made by section 28 one of this act shall expire on the same date as such law expires and 29 shall not affect the expiration of such law as provided in subdivision 2 30 of section 1 of chapter 274 of the laws of 1946; provided that the 31 amendments to section 26-403.1 of the city rent and rehabilitation law 32 made by section two of this act shall remain in full force and effect 33 only so long as the public emergency requiring the regulation and 34 control of residential rents and evictions continues, as provided in 35 subdivision 3 of section 1 of the local emergency housing rent control 36 act; provided that the amendments to section 26-504.3 of the rent 37 stabilization law of nineteen hundred sixty-nine made by section three 38 of this act shall expire on the same date as such law expires and shall 39 not affect the expiration of such law as provided under section 26-520 40 of such law; and provided that the amendments to section 5-a of the 41 emergency tenant protection act of nineteen seventy-four made by section 42 four of this act shall expire on the same date as such act expires and 43 shall not affect the expiration of such act as provided in section 17 of 44 chapter 576 of the laws of 1974.