NY State Senate Bill 2009-S1731

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to housing, construction and community development
Feb 05, 2009	referred to housing, construction and community development

co-Sponsors

2009-S1731 (ACTIVE) - Details

See Assembly Version of this Bill:: A8240
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-510, NYC Ad Cd; amd §4, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2011-2012: S741, A6394
2013-2014: S208, A104
2015-2016: S196, A5584
2017-2018: S1796, S7034, A1014
2019-2020: S5141
2021-2022: S2856

2009-S1731 (ACTIVE) - Summary

Relates to the appointment and qualifications of members of rent boards.

2009-S1731 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1731

 TITLE OF BILL :

An act to amend the administrative code of the city of New York and
the emergency tenant protection act of nineteen seventy-four, in
relation to the establishment of rent boards


 PURPOSE :

The purpose of this bill to make more democratic the appointment of
members of rent guidelines boards and to enhance the qualifications of
the public members.

 SUMMARY OF PROVISIONS :

Section 1. Amends the New York City Rent Stabilization Law. It gives
the New York City Council an advice and consent role in the mayoral
appointment of New York City Rent Guidelines Board members. It removes
a provision that the chair of the board serves at the pleasure of the
Mayor. It provides for the removal of members for cause by the City
Council and for the replacement of such members. It adds experience in
public service, philanthropy, social services, urban planning,
architecture, social sciences and with non-profit corporations to the
list of qualifications for appointment as public members.

Section 2. Amends the Emergency Tenant Protection Act of 1974. It
gives the county executives of the counties of Nassau, Westchester and
Rockland the power to appoint members of the county rent guidelines
boards with the advice and consent of the respective county
legislatures. It provides for the removal of members for cause by the
county legislature and for the replacement of such members. It adds
experience in public service, philanthropy, social services, urban
planning, architecture, social sciences and with non-profit
corporations to the list of qualifications for appointment as public
members.

 EXISTING LAW :

Under existing law, the Mayor of New York City unilaterally appoints
the members of the New York City Rent Guidelines Board. In the
counties of Nassau, Westchester and Rockland, the members of the
county rent guidelines boards are appointed by the New York State
Commissioner of Housing and Community Renewal upon recommendation of
the county legislatures. The five public members of each nine member
board are required to have at least five years experience in either
finance, economics or housing.

 JUSTIFICATION :

Requiring City Council confirmation of the Mayor's appointees to the
New York City Rent Guidelines Board provides for a system of checks
and balances that is an essential component of our democracy.
Legislative confirmation enhances home rule in the vital area of rent
regulation. It also acknowledges the important role of the public
officials serving on the New York City Rent Guidelines Board.

Removing the state Division of Housing and Community Renewal (DHCR)
from its current role in choosing members of the rent guidelines
boards in Nassau, Westchester and Rockland counties also serves to
make the appointment process more democratic. The elected county
executives should appoint the board members with the advice and
consent of their county legislatures. The DHCR, as enforcement agency
under the Emergency Tenant Protection Act, should not have a role in

the selection of the officials who decide upon the rent guidelines
that the agency must enforce.

By broadening the types of qualifications that are required for public
members of the guidelines boards, the bill gives the appointing
officials greater latitude to choose persons of experience in a
variety of disciplines, rather than only in finance, economics and
housing. This will enable the public members to reflect a broader
perspective on the rent setting process than was previously available
and will enhance the deliberations of the boards.

 LEGISLATIVE HISTORY :

This is new legislation.

 FISCAL IMPLICATIONS :

None at this time.

 EFFECTIVE DATE :
This act shall take effect immediately. The rent guidelines boards, as
reconstituted by this act, shall be appointed and confirmed within 45
days after the effective date.

2009-S1731 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1731

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 5, 2009
                               ___________

Introduced  by  Sens.  ESPADA,  DIAZ,  KRUEGER -- read twice and ordered
  printed, and when printed to be committed to the Committee on Housing,
  Construction and Community Development

AN ACT to amend the administrative code of the city of New York and  the
  emergency  tenant protection act of nineteen seventy-four, in relation
  to the establishment of rent boards

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision a of section 26-510 of the administrative code
of the city of New York is amended to read as follows:
  a. There shall be a rent guidelines board to consist of nine  members,
appointed  by the mayor UPON THE ADVICE AND CONSENT OF THE CITY COUNCIL.
Two members shall be representative of tenants, two shall  be  represen-
tative  of owners of property, and five shall be public members [each of
whom]. EACH OF THE PUBLIC MEMBERS shall have had  at  least  five  years
experience  in  [either]  PUBLIC SERVICE, PHILANTHROPY, SOCIAL SERVICES,
URBAN PLANNING, ARCHITECTURE, SOCIAL SCIENCES, SERVICE WITH NOT-FOR-PRO-
FIT CORPORATIONS, finance, economics or housing. One public member shall
be designated by the mayor UPON THE ADVICE AND CONSENT OF THE CITY COUN-
CIL to serve as [chairman] CHAIR and shall hold no other public  office.
No  member,  officer or employee of any municipal rent regulation agency
or the state division of housing and community renewal and no person who
owns or manages real estate covered by this law or who is an officer  of
any owner or tenant organization shall serve on a rent guidelines board.
One  public  member, one member representative of tenants and one member
representative of owners shall serve for a term ending  two  years  from
January  first next succeeding the date of their appointment; one public
member, one member representative of tenants and  one  member  represen-
tative of owners shall serve for terms ending three years from the Janu-
ary  first  next succeeding the date of their appointment and two public
members shall serve for terms ending four years from January first  next

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07766-02-9

S. 1731                             2

succeeding  the dates of their appointment. [The chairman shall serve at
the pleasure of the mayor.] Thereafter, all members  shall  continue  in
office  until  their  successors  have been appointed and qualified. The
mayor  UPON  THE  ADVICE  AND CONSENT OF THE CITY COUNCIL shall fill any
vacancy which may occur by reason of death, resignation or otherwise  in
a  manner  consistent with the [original appointment] PROVISIONS OF THIS
SUBDIVISION. A member may be removed by the  [mayor]  CITY  COUNCIL  for
cause,  but not without an opportunity to be heard in person or by coun-
sel, in his or her defense, upon  not  less  than  ten  days  notice.  A
SUCCESSOR  TO  SUCH  MEMBER  SHALL  BE  APPOINTED IN ACCORDANCE WITH THE
PROVISIONS OF THIS SUBDIVISION TO SERVE THE BALANCE OF THE TERM  OF  THE
MEMBER WHO WAS REMOVED.
  S  2.  Subdivision  a  of section 4 of section 4 of chapter 576 of the
laws of 1974, constituting the emergency tenant protection act of  nine-
teen  seventy-four,  as  amended  by chapter 349 of the laws of 1979, is
amended to read as follows:
  a. In each county wherein any city having a population  of  less  than
one  million  or  any town or village has determined the existence of an
emergency pursuant to section three of this act, there shall be  created
a  rent  guidelines  board  to  consist of nine members appointed by the
[commissioner of housing and community renewal]  COUNTY  EXECUTIVE  upon
[recommendation]  THE ADVICE AND CONSENT of the county legislature which
[recommendation] APPOINTMENT shall be made within thirty days after  the
first local declaration of an emergency in such county; two such members
shall  be  representative  of  tenants,  two  shall be representative of
owners of property, and five shall be public  members  [each  of  whom].
EACH OF THE PUBLIC MEMBERS shall have had at least five years experience
in  [either]  PUBLIC SERVICE, PHILANTHROPY, SOCIAL SERVICES, URBAN PLAN-
NING, ARCHITECTURE, SOCIAL SCIENCES, SERVICE WITH NOT-FOR-PROFIT  CORPO-
RATIONS,  finance,  economics  or  housing.  One  public member shall be
designated by the [commissioner] COUNTY EXECUTIVE UPON  THE  ADVICE  AND
CONSENT OF THE COUNTY LEGISLATURE to serve as [chairman] CHAIR and shall
hold  no  other  public  office.  No  member, officer or employee of any
municipal rent regulation agency or the state division  of  housing  and
community  renewal and no person who owns or manages real estate covered
by this law or who is an officer of any  owner  or  tenant  organization
shall  serve  on  a rent guidelines board. One public member, one member
representative of tenants and one member representative of owners  shall
serve for a term ending two years from January first next succeeding the
date  of their appointment; one public member, one member representative
of tenants and one member representative of owners shall serve for terms
ending three years from the January first next succeeding  the  date  of
their  appointment and three public members shall serve for terms ending
four years from  January  first  next  succeeding  the  dates  of  their
appointment.    Thereafter,  all  members  shall serve for terms of four
years each.  Members shall continue in  office  until  their  successors
have  been  appointed and qualified. The [commissioner] COUNTY EXECUTIVE
UPON THE ADVICE AND CONSENT OF THE COUNTY  LEGISLATURE  shall  fill  any
vacancy  which may occur by reason of death, resignation or otherwise in
a manner consistent with the [original appointment] PROVISIONS  OF  THIS
SUBDIVISION. A member may be removed by the [commissioner] COUNTY LEGIS-
LATURE  for  cause, but not without an opportunity to be heard in person
or by counsel, in his defense, upon not less than  ten  days  notice.  A
SUCCESSOR  TO  SUCH  MEMBER  SHALL  BE  APPOINTED IN ACCORDANCE WITH THE
PROVISIONS OF THIS SUBDIVISION TO SERVE THE BALANCE OF THE TERM  OF  THE
MEMBER  WHO WAS REMOVED. Compensation for the members of the board shall

S. 1731                             3

be at the rate of one hundred dollars per day, for no more  than  twenty
days  a  year,  except that the [chairman] CHAIR shall be compensated at
the rate of one hundred twenty-five dollars a day for no more than thir-
ty  days  a  year.  The  board shall be provided staff assistance by the
division of housing and community  renewal.  The  compensation  of  such
members  and the costs of staff assistance shall be paid by the division
of housing and community renewal which shall be reimbursed in the manner
prescribed in THIS section [four of this  act].  The  local  legislative
body  of each city having a population of less than one million and each
town and village in which an emergency has been determined to  exist  as
herein provided shall be authorized to designate one person who shall be
representative  of tenants and one person who shall be representative of
owners of property to serve at its pleasure and without compensation  to
advise  and assist the county rent guidelines board in matters affecting
the adjustment of rents for housing accommodations in such city, town or
village as the case may be.
  S 3. This act shall take effect immediately; provided that:
  (a) the amendments to section 26-510 of the rent stabilization law  of
nineteen hundred sixty-nine 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 under section 26-520 of such law;
  (b) the amendments to section 4 of the emergency tenant protection act
of nineteen seventy-four made by section two 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;
  (c)  the  rent  boards  as reconstituted pursuant to this act shall be
appointed and confirmed within forty-five days after the effective  date
of this act; and
  (d) upon the appointment of a rent board pursuant to the provisions of
this  act,  any  existing  predecessor rent board shall be dissolved and
such predecessor rent board shall have no further authority.

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Senate Bill S1731

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

co-Sponsors

2009-S1731 (ACTIVE) - Details

2009-S1731 (ACTIVE) - Summary

2009-S1731 (ACTIVE) - Sponsor Memo

2009-S1731 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1731

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Sponsored By

Pedro Espada Jr.

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

co-Sponsors

Ruben Diaz

Liz Krueger

2009-S1731 (ACTIVE) - Details

2009-S1731 (ACTIVE) - Summary

2009-S1731 (ACTIVE) - Sponsor Memo

2009-S1731 (ACTIVE) - Bill Text download pdf

Comments