Assembly Bill A4318

2017-2018 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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


  • 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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2017-A4318 (ACTIVE) - Details

See Senate Version of this Bill:
S3188
Law Section:
Emergency Housing Rent Control Law
Laws Affected:
Amd §2-a, Emerg Hous Rent 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:
2009-2010: A622, S3859
2011-2012: A6131, S449
2013-2014: A84, S3166
2015-2016: A5718, S2804

2017-A4318 (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.

2017-A4318 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4318
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by  M.  of  A.  KAVANAGH  --  Multi-Sponsored by -- M. of A.
   FARRELL -- 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;  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.  Paragraph  1 of subdivision (a) of section 2-a of chapter
 274 of the laws of 1946, constituting the emergency housing rent control
 law, as amended by section 32 of part B of chapter 97  of  the  laws  of
 2011, is amended to read as follows:
   1.  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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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