senate Bill S208B

Relates to the appointment and qualifications of members of rent boards

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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

  • 09 / Jan / 2013
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 11 / Jun / 2013
    • AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 11 / Jun / 2013
    • PRINT NUMBER 208A
  • 08 / Jan / 2014
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 31 / Jan / 2014
    • AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 31 / Jan / 2014
    • PRINT NUMBER 208B

Summary

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

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Bill Details

See Assembly Version of this Bill:
A104B
Versions:
S208
S208A
S208B
Legislative Cycle:
2013-2014
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Emergency Tenant Protection Act of 1974
Laws Affected:
Amd §26-510, NYC Ad Cd; amd §4, Emerg Ten Prot Act of 1974
Versions Introduced in Previous Legislative Cycles:
2011-2012: S741B, A6394A
2009-2010: S1731, A8240

Sponsor Memo

BILL NUMBER:S208B

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 appoint-
ment of members of rent guidelines boards and to enhance the qualifica-
tions 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 appoint-
ment 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, architec-
ture, 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 Rock-
land 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 quali-
fications for appointment as public members.

Section 3: Effective date.

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 continuation 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 offi-
cials 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 broaden perspective on the
rent setting process than was previously available and will enhance the
deliberations of the boards.

LEGISLATIVE HISTORY: 2011: REFERRED TO HOUSING, CONSTRUCTION AND COMMU-
NITY DEVELOPMENT 2012: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY
DEVELOPMENT AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY
DEVELOPMENT PRINT NUMBER 741A AMEND AND RECOMMIT TO HOUSING,
CONSTRUCTION AND COMMUNITY DEVELOPMENT PRINT NUMBER 741B 2011: A.6394
(Kavanagh) Housing 2010: A.8240 (Kavanagh) Housing 2009: A.8240
(Kavanagh) Housing

FISCAL IMPACT ON THE STATE: None.

EFFECTIVE DATE: This act shall take effect January 1, 2015; 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 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.

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

                                 208--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. SQUADRON, AVELLA, HOYLMAN, KRUEGER -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Housing,  Construction  and   Community   Development   --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  recommitted  to  the  Committee  on  Housing,
  Construction and Community Development in accordance with Senate  Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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, SOCIAL SERVICES, URBAN PLANNING,
SOCIAL SCIENCES, 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] RECEIVES
COMPENSATION AS an officer of any owner  or  tenant  organization  shall
serve  on  a rent guidelines board. One public member, one member repre-
sentative of tenants and one member representative of owners shall serve

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00190-05-4

S. 208--B                           2

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 two public members shall serve  for  terms  ending
four  years  from  January  first  next  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  OR  CITY  COUNCIL 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 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 upon recommendation of the
county legislature which recommendation 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  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, SOCIAL SERVICES, URBAN PLANNING,
SOCIAL SCIENCES, finance, economics or housing. One public member  shall
be designated by the commissioner 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 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 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. Compen-

S. 208--B                           3

sation for the members 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 shall be compensated at the rate of one  hundred  twen-
ty-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 commu-
nity 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  section
four of this act. The local legislative body of each city having a popu-
lation  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 January 1, 2015; 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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