NY State Senate Bill 2017-S3188

Senate Bill S3188

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

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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 03, 2018	referred to housing, construction and community development
Jan 20, 2017	referred to housing, construction and community development

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2017-S3188 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
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: S3859
2011-2012: S449
2013-2014: S3166
2015-2016: S2804

2017-S3188 (ACTIVE) - Summary

Requires hearing by the division of housing and community renewal prior to an 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-S3188 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3188

 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 (d)
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.

 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.

2017-S3188 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3188
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  BAILEY,  HOYLMAN,  MONTGOMERY, PERKINS,
   RIVERA, SERRANO -- 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. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01928-01-7

 S. 3188                             2
 
 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.
   §  2.    Subdivision  (c) 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:
   (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 the dereg-
 ulation  income  threshold  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 the deregulation income  thresh-
 old  in each of the two preceding calendar years. The division's notifi-
 cation 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
 HEARING  TO  BE  SCHEDULED  NOT  MORE THAN NINETY DAYS FROM THE DATE THE
 DIVISION SENT SUCH TENANT OR TENANTS THE NOTICE PROVIDED IN  THIS  PARA-
 GRAPH, 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 deregulation 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 the deregulation income threshold 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 deregu-
 lation 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 deregulation provid-
 ing 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 para-

 S. 3188                             3
 
 graph. 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.
   §  3. Paragraph 1 of subdivision (a) of section 26-403.1 of the admin-
 istrative code of the city of New York, as amended by section 34 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
 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.
   § 4. Subdivision (c) of section 26-403.1 of the administrative code of
 the  city  of New York, as amended by section 34 of part B of chapter 97
 of the laws of 2011, 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 the dereg-
 ulation income threshold 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 the deregulation income thresh-
 old in each of the two preceding calendar years. The division's  notifi-
 cation 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
 HEARING TO BE SCHEDULED NOT MORE THAN NINETY  DAYS  FROM  THE  DATE  THE
 DIVISION  SENT  SUCH TENANT OR TENANTS THE NOTICE PROVIDED IN THIS PARA-
 GRAPH, 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  deregulation  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. 3188                             4
 
   2. If the department of taxation and finance determines that the total
 annual income is in excess of the deregulation income threshold 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 deregu-
 lation 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  issue,  on  or
 before  December  first of such year, an order of deregulation 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.
   §  5. Paragraph 1 of subdivision (a) of section 26-504.3 of the admin-
 istrative code of the city of New York, as amended by section 36 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  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.
   § 6. Subdivision (c) of section 26-504.3 of the administrative code of
 the city of New York, as amended  by section 36 of part B of chapter  97
 of the laws of 2011, is amended to read as follows:

 S. 3188                             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 the dereg-
 ulation  income  threshold  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 the deregulation
 income threshold in each of the two preceding calendar years. 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 the deregulation income threshold 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  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.
   § 7. Paragraph 1 of subdivision (a) of section 5-a  of  section  4  of
 chapter  576  of  the  laws  of  1974, constituting the emergency tenant
 protection act of nineteen seventy-four, as amended  by  section  30  of
 part B of chapter 97 of the laws of 2011, is amended to read as follows:

 S. 3188                             6
 
   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 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.
   § 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 amended by section 30 of part B of chapter  97  of
 the laws of 2011, 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 the dereg-
 ulation  income  threshold  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  informa-
 tion  as  the  division and the department of taxation and finance shall
 require to verify whether the total annual income  exceeds  the  deregu-
 lation income threshold in each of the two preceding calendar years. 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 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
 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 the deregulation income threshold 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

 S. 3188                             7
 
 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 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.
   § 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  further  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 emer-
 gency 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  further  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  further  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.

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Senate Bill S3188

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Sponsored By

Liz Krueger

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

co-Sponsors

Jamaal T. Bailey

Brad Hoylman-Sigal

Velmanette Montgomery

Gustavo Rivera

2017-S3188 (ACTIVE) - Details

2017-S3188 (ACTIVE) - Summary

2017-S3188 (ACTIVE) - Sponsor Memo

2017-S3188 (ACTIVE) - Bill Text download pdf

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