senate Bill S3278

Authorizes appointment of alternate rent guidelines board members in the city of New York, counties outside the city, towns, and villages

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 15 / Feb / 2011
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 04 / Jan / 2012
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 12 / Mar / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 12 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES

Summary

Provides for the appointment of three alternates on rent guideline boards; one alternate shall represent tenants, one shall represent owners of property and one shall be a public representative; alternates shall be permitted to participate in all proceedings of the board as non-voting members; an alternate shall only participate as a voting member of the board and be paid when a member, representing the same interest as the alternate, is unable to fulfill his or her duties on the board; applies to the city of New York, counties outside the city, towns and villages.

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Bill Details

Versions:
S3278
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Emergency Tenant Protection Act of 1974
Laws Affected:
Amd §4, Emerg Ten Prot Act of 1974; amd §26-510, NYC Ad Cd
Versions Introduced in 2009-2010 Legislative Cycle:
S5260

Sponsor Memo

BILL NUMBER:S3278

TITLE OF BILL:
An act
to amend the emergency tenant protection act of nineteen
seventy-four, in relation to
qualifications of public members of rent guidelines boards

PURPOSE OR GENERAL IDEA:
To restrict eligibility for public membership on a rent guidelines
board to those who own or manage no more than four rental units in
the entire State.

SUMMARY OF SPECIFIC PROVISIONS:
Amends section 4(a) of the ETPA to restrict public membership on rent
guidelines boards to those who own or manage no more than four rental
units in the state.

EFFECTS OF PRESENT LAW THIS BILL WOULD ALTER:
Current law prohibits any board member from owning or managing any
property that is covered by this law. This bill would extend the
prohibition to the entire state, while allowing for ownership or
rental of four units not covered under the law.

JUSTIFICATION:
Current law allows public members of the board to be the owners or
managers of any amount of rental units, as long as they are not
situated in areas covered by the act. Especially in the counties, it
is not hard for local candidates for public membership to reside in
communities not covered by the act, since many communities have not
opted to participate. This situation can allow for a clear evasion of
the original legislation's intent.

PRIOR LEGISLATIVE HISTORY:
2009-10: S.5255/A.5042 (Brodsky) - Referred to Senate Housing,
Construction & Community Development/Assembly Codes
A.1179 (1993-94), A.196 (1995-96), A.735 (1997-98), A.899 (1999-2000),
A.572 (2001-02), A.491 (2003-04), A.2642 (2005-06). A.9409 (2007-2008).

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
Immediately, with provisions.

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

                                  3278

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 15, 2011
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- 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 tenant protection act of nineteen seven-
  ty-four and the administrative code  of  the  city  of  New  York,  in
  relation to alternates on rent guidelines 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 4 of section 4 of chapter 576  of
the  laws  of  1974, constituting the emergency tenant protection act of
nineteen 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 AND THREE ALTERNATES
appointed by the commissioner of  housing  and  community  renewal  upon
recommendation  of the county legislature, which recommendation shall be
made within thirty days after the first local declaration of an emergen-
cy in such county; two such members AND  ONE  SUCH  ALTERNATE  shall  be
representative of tenants, two SUCH MEMBERS AND ONE SUCH ALTERNATE shall
be  representative  of owners of property, and five SUCH MEMBERS AND ONE
SUCH ALTERNATE shall be public [members] REPRESENTATIVES, each  of  whom
shall have had at least five years experience in either finance, econom-
ics,  or  housing.  One public member shall be designated by the commis-
sioner to serve as [chairman] CHAIRPERSON 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 guide-
lines board. One public member, one member, THE ALTERNATE representative

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06447-01-1

S. 3278                             2

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 AND THE ALTERNATE representative of owners shall
serve  for terms ending three years from the January first next succeed-
ing the date of their appointment; and  three  public  members  AND  THE
PUBLIC  ALTERNATE  shall  serve for terms ending four years from January
first next succeeding the dates of their appointment.   Thereafter,  all
members AND ALTERNATES shall serve for terms of four years each. Members
AND ALTERNATES shall continue in office until their successors have been
appointed  and  qualified. The commissioner shall fill any vacancy which
may occur by reason of death, resignation;  or  otherwise  in  a  manner
consistent  with  the original appointment. A member OR ALTERNATE may be
removed by the commissioner for cause, but not without an opportunity to
be heard in person or by counsel, in his OR HER defense, upon  not  less
than  ten  [days]  DAYS' notice. Compensation for the members AND ALTER-
NATES of the board shall be at the rate of one hundred dollars per  day,
for  no  more than twenty days a year, except that the [chairman] CHAIR-
PERSON shall be compensated at  the  rate  of  one  hundred  twenty-five
dollars  a  day  for no more than thirty days a year. The board shall be
provided staff assistance by  the  division  of  housing  and  community
renewal.   The compensation of such members AND ALTERNATES and the costs
of staff assistance shall be paid by the division of housing and  commu-
nity  renewal,  which  shall  be  reimbursed in the manner prescribed in
section [four] EIGHT of this act.  AN ALTERNATE SHALL  ONLY  PARTICIPATE
AS  A  VOTING  MEMBER IN THE PROCEEDINGS OF THE BOARD AND BE PAID WHEN A
MEMBER, REPRESENTING THE SAME INTEREST AS THE ALTERNATE,  IS  UNABLE  TO
FULFILL HIS OR HER DUTIES ON THE BOARD. ALTERNATES SHALL BE PERMITTED TO
PARTICIPATE  IN  ALL PROCEEDINGS OF THE BOARD AS NON-VOTING MEMBERS. 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  deter-
mined  to exist as herein provided [shall be] IS 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  accommo-
dations in such city, town, or village, as the case may be.
  S 2. Subdivisions a and c of section 26-510 of the administrative code
of the city of New York are amended to read as follows:
  a.  There shall be a rent guidelines board, to consist of nine members
AND THREE ALTERNATES, appointed by the mayor. Two members AND ONE ALTER-
NATE shall be representative of tenants, two MEMBERS AND  ONE  ALTERNATE
shall  be representative of owners of property, and five MEMBERS AND ONE
ALTERNATE shall be public [members] REPRESENTATIVES, each of whom  shall
have had at least five years experience in either finance, economics, or
housing.  One public member shall be designated by the mayor to serve as
[chairman] CHAIRPERSON 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,  AND  ONE  ALTERNATE  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, AND ONE  ALTERNATE  representative  of  owners  shall

S. 3278                             3

serve  for terms ending three years from the January first next succeed-
ing the date of their appointment; and two public members AND THE PUBLIC
ALTERNATE shall serve for terms ending four  years  from  January  first
next  succeeding  the dates of their appointment.  The [chairman] CHAIR-
PERSON shall serve at the pleasure of the mayor. Thereafter, all members
AND ALTERNATES shall continue in office until their successors have been
appointed and qualified. The mayor shall  fill  any  vacancy  which  may
occur by reason of death, resignation, or otherwise in a manner consist-
ent  with the original appointment. A member OR ALTERNATE may be removed
by the mayor for cause, but not without an opportunity to  be  heard  in
person  or  by  counsel,  in  his or her defense, upon not less than ten
[days] DAYS' notice. AN ALTERNATE SHALL ONLY  PARTICIPATE  AS  A  VOTING
MEMBER  IN  THE  PROCEEDINGS  OF  THE  BOARD  AND BE PAID WHEN A MEMBER,
REPRESENTING THE SAME INTEREST AS THE ALTERNATE, IS  UNABLE  TO  FULFILL
HIS OR HER DUTIES ON THE BOARD. ALTERNATES SHALL BE PERMITTED TO PARTIC-
IPATE IN ALL PROCEEDINGS OF THE BOARD AS NON-VOTING MEMBERS.
  c.  Such  members  AND  ALTERNATES  shall be compensated on a per diem
basis of one hundred dollars per day for no more than twenty-five days a
year, except that the [chairman] CHAIRPERSON shall be compensated at one
hundred twenty-five dollars a day for no more than fifty  days  a  year.
The  [chairman] CHAIRPERSON shall be chief administrative officer of the
rent guidelines board and among his or her powers and duties he  or  she
shall  have the authority to employ, assign, and supervise the employees
of the rent guidelines board and enter  into  contracts  for  consultant
services.   The department of housing preservation and development shall
cooperate with the rent guidelines board and may  assign  personnel  and
perform  such  services in connection with the duties of the rent guide-
lines board as may reasonably be required by the [chairman] CHAIRPERSON.
  S 3. This act shall take effect immediately; provided that the  amend-
ment  to  section  4  of the emergency tenant protection act of nineteen
seventy-four made by section one 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; and
further provided that the  amendment  to  section  26-510  of  the  rent
stabilization  law of nineteen hundred sixty-nine made by section 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 under  section  26-520  of
such law.

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