NY State Senate Bill 2009-S3859

Senate Bill S3859

2009-2010 Legislative Session

Requires hearing by the DHCR prior to order of decontrol for failure to respond to income certification material relating to high income rent decontrol

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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
Apr 02, 2009	referred to housing, construction and community development

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2009-S3859 (ACTIVE) - Details

See Assembly Version of this Bill:: A622
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §2-a, Emerg Hous Ren Cont L; amd §§26-403.1 & 26-504.3, NYC Ad Cd; amd §5-a, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2011-2012: S449, A6131
2013-2014: S3166, A84
2015-2016: S2804, A5718
2017-2018: S3188, A4318

2009-S3859 (ACTIVE) - Summary

Requires hearing by the division of housing and community renewal prior to order of decontrol for a tenant's 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; excludes certain tenants from inclusion for annual income determination.

2009-S3859 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3859

 TITLE OF BILL :
An act to amend the emergency housing rent control law, the
administrative 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
certification material; and in relation to excluding certain tenants
from inclusion for annual income determination


 PURPOSE :
This bill would ensure that tenants do not have their apartments
decontrolled due to paperwork errors or inadvertent failure to respond
to decontrol notices. Tenants who fail to respond to decontrol notices
will have an opportunity to have a hearing to contest decontrol
determinations.

Furthermore, the bill provides that tenants who are unable to attend
the hearing may authorize a person to represent such tenant's interest
at the hearing.

In addition, the bill eliminates from consideration the annual income
of the sublessor in the decontrol determination. This bill also
protects from eviction, elderly and disabled tenants who live in rent

regulated apartments.

 SUMMARY OF PROVISIONS :
Amends subdivisions (a) and (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 subdivisions (a) and (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, and subdivisions
(a) and (c) of Section 26-504-3 of the administrative code of the city
of New York, as added by' chapter 253 of the Laws of 1933, and
subdivisions (a) and (c) of Section 5-a of Section 4 of Chapter 576 of
the laws of 1974.

 JUSTIFICATION :
Under the 1993 high income rent 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 deadlines because they were away or because they
have been confused by additional paperwork which they believed didn't
need a response. 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. In addition, tenants may authorize a person to
represent a tenant's interest at the hearing. Further, this
legislation excludes the income of the elderly and disabled tenants
from the calculation of a household's total annual income for the
purpose of high income rent decontrol.

 LEGISLATIVE HISTORY :
2006:     S.7463
2007-08:  S.3205

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately provided that the amendments to
section 2-a of the emergency housing rent control law made by sections
one and two 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 sections three and four 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 nineteen hundred
sixty-nine made by sections five and six of this act shall expire on
the same date as such law expires and shall not affect the expiration
of 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 sections seven and eight 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.

2009-S3859 (ACTIVE) - Bill Text download pdf

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

                                  3859

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 2, 2009
                               ___________

Introduced  by  Sens.  KRUEGER, DUANE, HUNTLEY, MONSERRATE -- 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 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;  and  in relation to excluding certain tenants from
  inclusion for annual income determination

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

  Section  1.  Subdivision (a) 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, is amended to read as follows:
  (a) For purposes of this section, annual income shall mean the federal
adjusted  gross  income  as  reported  on  the New York state income tax
return. Total annual income means the sum of the annual incomes  of  all
persons  who occupy the housing accommodation as their primary residence
on other than a temporary basis, excluding bona fide employees  of  such
occupants residing therein in connection with such employment, EXCLUDING
SENIOR CITIZENS AND DISABLED PERSONS, and excluding bona fide subtenants
in  occupancy pursuant to the provisions of section [two hundred twenty-
six-b] 226-B of the real property law. [In  the  case  where  a  housing
accommodation  is  sublet,  the  annual income of the sublessor shall be
considered.] FOR THE PURPOSES OF THIS SUBDIVISION, DISABLED PERSON SHALL
MEAN AN INDIVIDUAL (I) WITH A PHYSICAL OR MENTAL IMPAIRMENT,  INCLUDING,
BUT  NOT LIMITED TO, THOSE OF NEUROLOGICAL, EMOTIONAL OR SENSORY ORGANS,
WHICH SUBSTANTIALLY LIMITS ONE OR MORE OF THE  INDIVIDUAL'S  MAJOR  LIFE
ACTIVITIES,  AND  (II)  WHO  IS REGARDED AS HAVING SUCH AN IMPAIRMENT AS
CERTIFIED BY A LICENSED PHYSICIAN OF THIS STATE.  FOR  THE  PURPOSES  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00821-01-9

S. 3859                             2

THIS  SUBDIVISION, SENIOR CITIZEN SHALL MEAN ANY PERSON WHO IS SIXTY-TWO
YEARS OF AGE OR OLDER.
  S  2.    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, paragraphs 1 and 2 as amended by chap-
ter 116 of the laws of 1997, is amended to read as follows:
  (c) 1. In the event that the tenant or tenants either fail  to  return
the  completed certification to the owner on or before the date required
by subdivision (b) of this section or the  owner  disputes  the  certif-
ication  returned  by the tenant or tenants, the owner may, on or before
June thirtieth of such year, petition the state division of housing  and
community  renewal  to verify, pursuant to section [one hundred seventy-
one-b] 171-B of the tax law, whether the total annual income exceeds one
hundred seventy-five thousand dollars  in  each  of  the  two  preceding
calendar years. Within twenty days after the filing of such request with
the  division, the division shall notify the tenant or tenants that such
tenant or tenants must provide the division with such information as the
division and the department of taxation and  finance  shall  require  to
verify  whether the total annual income exceeds one hundred seventy-five
thousand dollars in each such year.  The division's  notification  shall
require the tenant or tenants to provide the information to the division
within  [sixty]  NINETY  days of service upon such tenant or tenants and
shall include a warning in bold faced type AT THE TOP OF THE  PAGE  that
failure  to  respond  [will]  MAY  RESULT IN AN ORDER OF DECONTROL BEING
ISSUED BY THE DIVISION FOR SUCH HOUSING ACCOMMODATION FOLLOWING A  HEAR-
ING TO BE SCHEDULED NOT MORE THAN NINETY DAYS FROM THE DATE THE DIVISION
SENT  SUCH  TENANT OR TENANTS THE NOTICE PROVIDED IN THIS PARAGRAPH, THE
NOTIFICATION SHALL ADVISE SUCH TENANT OR TENANTS THAT FAILURE TO  APPEAR
AT  SUCH  HEARING  WITHOUT  GOOD OR JUST CAUSE MAY result in an order of
decontrol being issued by the division for such  housing  accommodation.
SUCH  TENANT  OR  TENANTS MAY AUTHORIZE A PERSON OR PERSONS TO REPRESENT
SUCH TENANT'S OR TENANTS' INTEREST AT THE HEARING.
  2. If the department of taxation and finance determines that the total
annual income is in excess of one hundred seventy-five thousand  dollars
in  each  of the two preceding calendar years, the division shall, on or
before November fifteenth of such year, notify the owner and tenants  of
the  results  of such verification. Both the owner and the tenants shall
have [thirty] SIXTY days within which to comment  on  such  verification
results.    Within  forty-five  days after the expiration of the comment
period, the division shall, where appropriate, issue an order of  decon-
trol  providing  that such housing accommodation shall not be subject to
the provisions of this law as of the first day of March in the year next
succeeding the filing of the owner's petition with the division. A  copy
of  such  order  shall  be  mailed by regular and certified mail, return
receipt requested, to the tenant or tenants and a copy thereof shall  be
sent to the owner.
  3.  In  the  event the tenant or tenants fail to [provide the informa-
tion] APPEAR WITHOUT GOOD OR JUST CAUSE AT THE HEARING required pursuant
to paragraph one of this subdivision, the division [shall] MAY issue, on
or before December first of such year, an order of  decontrol  providing
that  such  housing accommodation shall not be subject to the provisions
of this law as of the first day of March in the year next succeeding the
last day on which the tenant or tenants were required  to  [provide  the
information] APPEAR AT THE HEARING required by such paragraph. A copy of
such order shall be mailed by regular and certified mail, return receipt

S. 3859                             3

requested,  to the tenant or tenants and a copy thereof shall be sent to
the owner.
  4.  The  provisions  of the state freedom of information act shall not
apply to any income information obtained by  the  division  pursuant  to
this section.
  S 3. Subdivision (a) 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, is
amended to read as follows:
  (a) For purposes of this section, annual income shall mean the federal
adjusted gross income as reported on  the  New  York  state  income  tax
return.  Total  annual income means the sum of the annual incomes of all
persons who occupy the housing accommodation as their primary  residence
other  than  on a temporary basis, excluding bona fide employees of such
occupants residing therein in connection with such employment, EXCLUDING
SENIOR CITIZENS AND DISABLED PERSONS, and excluding bona fide subtenants
in occupancy pursuant to the provisions of  section two hundred  twenty-
six-b  of  the  real property law. [In the case where a housing accommo-
dation is sublet, the annual income of the sublessor  shall  be  consid-
ered.]  FOR THE PURPOSES OF THIS SUBDIVISION, DISABLED PERSON SHALL MEAN
AN INDIVIDUAL (I) WITH A PHYSICAL OR MENTAL IMPAIRMENT,  INCLUDING,  BUT
NOT  LIMITED  TO,  THOSE  OF  NEUROLOGICAL, EMOTIONAL OR SENSORY ORGANS,
WHICH SUBSTANTIALLY LIMITS ONE OR MORE OF THE  INDIVIDUAL'S  MAJOR  LIFE
ACTIVITIES,  AND  (II)  WHO  IS REGARDED AS HAVING SUCH AN IMPAIRMENT AS
CERTIFIED BY A LICENSED PHYSICIAN OF THIS STATE.  FOR  THE  PURPOSES  OF
THIS  SUBDIVISION, SENIOR CITIZEN SHALL MEAN ANY PERSON WHO IS SIXTY-TWO
YEARS OF AGE OR OLDER.
  S 4. 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, para-
graphs 1 and 2 as amended by chapter 116 of the laws of 1997, is amended
to read as follows:
  (c) 1. In the event that the tenant or tenants either fail  to  return
the completed certification to the owner on or before the  date required
by  subdivision  (b)  of  this section or the owner disputes the certif-
ication returned by the tenant or tenants, the owner may, on  or  before
June  thirtieth of such year, petition the state division of housing and
community renewal to verify, pursuant to section  one  hundred  seventy-
one-b  of  the  tax  law,  whether  the  total annual income exceeds one
hundred seventy-five thousand dollars  in  each  of  the  two  preceding
calendar years. Within twenty days after the filing of such request with
the  division, the division shall notify the tenant or tenants that such
tenant or tenants must provide the division with such information as the
division and the department of taxation and  finance  shall  require  to
verify  whether the total annual income exceeds one hundred seventy-five
thousand dollars in each such year. The  division's  notification  shall
require the tenant or tenants to provide the information to the division
within  [sixty]  NINETY  days of service upon such tenant or tenants and
shall include a warning in bold faced type AT THE TOP OF THE  PAGE  that
failure  to  respond  [will]  MAY  RESULT IN AN ORDER OF DECONTROL BEING
ISSUED BY THE DIVISION FOR SUCH HOUSING ACCOMMODATION FOLLOWING A  HEAR-
ING TO BE SCHEDULED NOT MORE THAN NINETY DAYS FROM THE DATE THE DIVISION
SENT  SUCH  TENANT OR TENANTS THE NOTICE PROVIDED IN THIS PARAGRAPH, THE
NOTIFICATION SHALL ADVISE SUCH TENANT OR TENANTS THAT FAILURE TO  APPEAR
AT  SUCH  HEARING  WITHOUT  GOOD OR JUST CAUSE MAY result in an order of
decontrol being issued by the division for such  housing  accommodation.
SUCH  TENANT  OR  TENANTS MAY AUTHORIZE A PERSON OR PERSONS TO REPRESENT
SUCH TENANT'S OR TENANTS' INTEREST AT THE HEARING.

S. 3859                             4

  2. If the department of taxation and finance determines that the total
annual income is in excess of one hundred seventy-five thousand  dollars
in  each  of the two preceding calendar years, the division shall, on or
before November fifteenth of such year, notify the owner and tenants  of
the  results  of such verification. Both the owner and the tenants shall
have [thirty] SIXTY days within which to comment  on  such  verification
results.  Within  forty-five  days  after  the expiration of the comment
period, the division shall, where appropriate, issue an order of  decon-
trol  providing  that such housing accommodation shall not be subject to
the provisions of this law as of the first day of March in the year next
succeeding the filing of the owner's petition with the division. A  copy
of  such  order  shall  be  mailed by regular and certified mail, return
receipt requested, to the tenant or tenants and a copy thereof shall  be
sent to the owner.
  3.  In  the  event the tenant or tenants fail to [provide the informa-
tion] APPEAR WITHOUT GOOD OR JUST CAUSE AT THE HEARING required pursuant
to paragraph one of this subdivision, the division [shall] MAY issue, on
or before December first of such year, an order of  decontrol  providing
that  such  housing accommodation shall not be subject to the provisions
of this law as of the first day of March in the year next succeeding the
last day on which the tenant or tenants were required  to  [provide  the
information] APPEAR AT THE HEARING required by such paragraph. A copy of
such order shall be mailed by regular and certified mail, return receipt
requested,  to the tenant or tenants and a copy thereof shall be sent to
the owner.
  4. The provisions of the state freedom of information  act  shall  not
apply  to  any  income  information obtained by the division pursuant to
this section.
  S 5. Subdivision (a) of section 26-504.3 of the administrative code of
the city of New York, as added by chapter 253 of the laws  of  1993,  is
amended to read as follows:
  (a) For purposes of this section, annual income shall mean the federal
adjusted  gross  income  as  reported  on  the New York state income tax
return. Total annual income means the sum of the annual incomes  of  all
persons  whose  names  are recited as the tenant or co-tenant on a lease
who occupy the housing accommodation and all other persons  that  occupy
the  housing  accommodation  as  their primary residence on other than a
temporary basis, excluding bona fide employees of such occupants  resid-
ing  therein  in connection with such employment, EXCLUDING SENIOR CITI-
ZENS AND DISABLED PERSONS, and excluding bona fide subtenants  in  occu-
pancy  pursuant to the provisions of section two hundred twenty-six-b of
the real property law. [In the case where  a  housing  accommodation  is
sublet,  the  annual  income  of  the tenant or co-tenant recited on the
lease who will reoccupy the housing accommodation upon the expiration of
the sublease shall be considered.] FOR THE PURPOSES OF THIS SUBDIVISION,
DISABLED PERSON SHALL MEAN AN INDIVIDUAL (I) WITH A PHYSICAL  OR  MENTAL
IMPAIRMENT,  INCLUDING,  BUT  NOT  LIMITED  TO,  THOSE  OF NEUROLOGICAL,
EMOTIONAL OR SENSORY ORGANS, WHICH SUBSTANTIALLY LIMITS ONE OR  MORE  OF
THE  INDIVIDUAL'S  MAJOR  LIFE  ACTIVITIES,  AND (II) WHO IS REGARDED AS
HAVING SUCH AN IMPAIRMENT AS CERTIFIED BY A LICENSED PHYSICIAN  OF  THIS
STATE.  FOR  THE PURPOSES OF THIS SUBDIVISION, SENIOR CITIZEN SHALL MEAN
ANY PERSON WHO IS SIXTY-TWO YEARS OF AGE OR OLDER.
  S 6. Subdivision (c) of section 26-504.3 of the administrative code of
the city of New York, as added by chapter 253 of the laws of 1993, para-
graphs 1 and 2 as amended by chapter 116 of the laws of 1997, is amended
to read as follows:

S. 3859                             5

  (c) 1. In the event that the tenant or tenants either fail  to  return
the completed certification to the owner on or before the  date required
by  subdivision  (b)  of  this section or the owner disputes the certif-
ication returned by the tenant or tenants, the owner may, on  or  before
June  thirtieth of such year, petition the state division of housing and
community renewal to verify, pursuant to section  one  hundred  seventy-
one-b  of  the  tax  law,  whether  the  total annual income exceeds one
hundred seventy-five thousand dollars  in  each  of  the  two  preceding
calendar years. Within twenty days after the filing of such request with
the  division,  the division shall notify the tenant or tenants named on
the lease that such tenant or tenants must  provide  the  division  with
such  information  as  the  division  and the department of taxation and
finance shall require to verify whether the total annual income  exceeds
one  hundred  seventy-five thousand dollars in each such year. The divi-
sion's notification shall require the tenant or tenants to  provide  the
information  to  the division within [sixty] NINETY days of service upon
such tenant or tenants and shall include a warning in bold faced type AT
THE TOP OF THE PAGE that failure to respond  [will]  MAY  RESULT  IN  AN
ORDER  OF DECONTROL BEING ISSUED BY THE DIVISION FOR SUCH HOUSING ACCOM-
MODATION FOLLOWING A HEARING TO BE SCHEDULED NOT MORE THAN  NINETY  DAYS
FROM  THE  DATE  THE  DIVISION  SENT  SUCH  TENANT OR TENANTS THE NOTICE
PROVIDED IN THIS PARAGRAPH, THE NOTIFICATION SHALL ADVISE SUCH TENANT OR
TENANTS THAT FAILURE TO APPEAR AT SUCH  HEARING  WITHOUT  GOOD  OR  JUST
CAUSE MAY result in an order being issued by the division providing that
such  housing  accommodation  shall  not be subject to the provisions of
this law.  SUCH TENANT OR TENANTS MAY AUTHORIZE A PERSON OR  PERSONS  TO
REPRESENT SUCH TENANT'S OR TENANTS' INTEREST AT THE HEARING.
  2. If the department of taxation and finance determines that the total
annual  income is in excess of one hundred seventy-five thousand dollars
in each of the two preceding calendar years, the division shall,  on  or
before  November fifteenth of such year, notify the owner and tenants of
the results of such verification. Both the owner and the  tenants  shall
have  [thirty]  SIXTY  days within which to comment on such verification
results. Within forty-five days after  the  expiration  of  the  comment
period,  the division shall, where appropriate, issue an order providing
that such housing accommodation shall not be subject to  the  provisions
of  this  law  upon the expiration of the existing lease. A copy of such
order shall be mailed by regular  and  certified  mail,  return  receipt
requested,  to the tenant or tenants and a copy thereof shall be sent to
the owner.
  3. In the event the tenant or tenants fail to  [provide  the  informa-
tion] APPEAR WITHOUT GOOD OR JUST CAUSE AT THE HEARING required pursuant
to paragraph one of this subdivision, the division [shall] MAY issue, on
or  before  December  first  of  such year, an order providing that such
housing accommodation shall not be subject to the provisions of this law
upon the expiration of the current lease. A copy of such order shall  be
mailed  by  regular and certified mail, return receipt requested, to the
tenant or tenants and a copy thereof shall be sent to the owner.
  4. The provisions of the state freedom of information  act  shall  not
apply  to  any  income  information obtained by the division pursuant to
this section.
  S 7. Subdivision (a) of section 5-a of section 4 of chapter 576 of the
laws of 1974, constituting the emergency tenant protection act of  nine-
teen  seventy-four,  as  added  by  chapter  253 of the laws of 1993, is
amended to read as follows:

S. 3859                             6

  (a) For purposes of this section, annual income shall mean the federal
adjusted gross income as reported on  the  New  York  state  income  tax
return.  Total  annual income means the sum of the annual incomes of all
persons whose names are recited as the tenant or co-tenant  on  a  lease
who  occupy  the housing accommodation and all other persons that occupy
the housing accommodation as their primary residence  on  other  than  a
temporary  basis, excluding bona fide employees of such occupants resid-
ing therein in connection with such employment, EXCLUDING  SENIOR  CITI-
ZENS  AND  DISABLED PERSONS, and excluding bona fide subtenants in occu-
pancy pursuant to the provisions of section [two  hundred  twenty-six-b]
226-B  of  the  real property law. [In the case where a housing accommo-
dation is sublet, the annual income of the tenant or  co-tenant  recited
on  the lease who will reoccupy the housing accommodation upon the expi-
ration of the sublease shall be considered.] FOR THE  PURPOSES  OF  THIS
SUBDIVISION,  DISABLED  PERSON SHALL MEAN AN INDIVIDUAL (I) WITH A PHYS-
ICAL OR MENTAL IMPAIRMENT, INCLUDING,  BUT  NOT  LIMITED  TO,  THOSE  OF
NEUROLOGICAL,  EMOTIONAL  OR  SENSORY ORGANS, WHICH SUBSTANTIALLY LIMITS
ONE OR MORE OF THE INDIVIDUAL'S MAJOR LIFE ACTIVITIES, AND (II)  WHO  IS
REGARDED  AS HAVING SUCH AN IMPAIRMENT AS CERTIFIED BY A LICENSED PHYSI-
CIAN OF THIS STATE. FOR THE PURPOSES OF THIS SUBDIVISION, SENIOR CITIZEN
SHALL MEAN ANY PERSON WHO IS SIXTY-TWO YEARS OF AGE OR OLDER.
  S 8. Subdivision (c) of section 5-a of section 4 of chapter 576 of the
laws of 1974, constituting the emergency tenant protection act of  nine-
teen  seventy-four,  as  added by chapter 253 of the laws of 1993, para-
graphs 1 and 2 as amended by chapter 116 of the laws of 1997, is amended
to read as follows:
  (c) 1. In the event that the tenant or tenants either fail  to  return
the  completed certification to the owner on or before the date required
by subdivision (b) of this section or the  owner  disputes  the  certif-
ication  returned  by the tenant or tenants, the owner may, on or before
June thirtieth of such year, petition the state division of housing  and
community  renewal  to verify, pursuant to section [one hundred seventy-
one-b] 171-B of the tax law, whether the total annual income exceeds one
hundred seventy-five thousand dollars  in  each  of  the  two  preceding
calendar years. Within twenty days after the filing of such request with
the  division, the division shall notify the tenant or tenants that such
tenant or tenants named on the lease must provide the division with such
information as the division and the department of taxation  and  finance
shall  require  to  verify  whether  the total annual income exceeds one
hundred seventy-five thousand dollars in each such year. The  division's
notification shall require the tenant or tenants to provide the informa-
tion  to  the  division  within [sixty] NINETY days of service upon such
tenant or tenants and shall include a warning in bold faced type AT  THE
TOP OF THE PAGE that failure to respond [will] MAY RESULT IN AN ORDER OF
DECONTROL  BEING  ISSUED  BY THE DIVISION FOR SUCH HOUSING ACCOMMODATION
FOLLOWING A HEARING TO BE SCHEDULED NOT MORE THAN NINETY DAYS  FROM  THE
DATE  THE  DIVISION  SENT  SUCH TENANT OR TENANTS THE NOTICE PROVIDED IN
THIS PARAGRAPH, THE NOTIFICATION SHALL ADVISE  SUCH  TENANT  OR  TENANTS
THAT  FAILURE  TO  APPEAR AT SUCH HEARING WITHOUT GOOD OR JUST CAUSE MAY
result in an order being issued by  the  division  providing  that  such
housing  accommodations  shall  not be subject to the provisions of this
act.  SUCH TENANT OR TENANTS MAY AUTHORIZE A PERSON OR PERSONS TO REPRE-
SENT SUCH TENANT'S OR TENANTS' INTEREST AT THE HEARING.
  2. If the department of taxation and finance determines that the total
annual income is in excess of one hundred seventy-five thousand  dollars
in  each  of the two preceding calendar years, the division shall, on or

S. 3859                             7

before November fifteenth of such year, notify the owner and tenants  of
the  results  of such verification. Both the owner and the tenants shall
have [thirty] SIXTY days within which to comment  on  such  verification
results.  Within  forty-five  days  after  the expiration of the comment
period, the division shall, where appropriate, issue an order  providing
that  such  housing accommodation shall not be subject to the provisions
of this act upon expiration of the existing lease. A copy of such  order
shall be mailed by regular and certified mail, return receipt requested,
to the tenant or tenants and a copy thereof shall be sent to the owner.
  3.  In  the  event the tenant or tenants fail to [provide the informa-
tion] APPEAR WITHOUT GOOD OR JUST CAUSE AT THE HEARING required pursuant
to paragraph one of this subdivision, the division [shall] MAY issue, on
or before December first of such year,  an  order  providing  that  such
housing accommodation shall not be subject to the provisions of this act
upon  the  expiration  [or]  OF  the current lease. A copy of such order
shall be mailed by regular and certified mail, return receipt requested,
to the tenant or tenants and a copy thereof shall be sent to the owner.
  4. The provisions of the state freedom of information  act  shall  not
apply  to  any  income  information obtained by the division pursuant to
this section.
  S 9. This act shall take effect immediately; provided that the  amend-
ments  to  section 2-a of the emergency housing rent control law made by
sections one and two 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 sections three and four  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 emer-
gency housing rent control act; provided that the amendments to  section
26-504.3  of  the  rent stabilization law of nineteen hundred sixty-nine
made by sections five and six 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; and provided that the  amend-
ments  to section 5-a of the emergency tenant protection act of nineteen
seventy-four made by sections seven and eight 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.

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Senate Bill S3859

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Sponsored By

Liz Krueger