New York State Bill A5901

[ Summary ] [ Memo ]

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.


Bill A5901
[ Summary ] [ Memo ]