New York State Bill A5901
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[ 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.