S T A T E O F N E W Y O R K
________________________________________________________________________
5521
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
___________
Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
tee on Housing
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 guidelines
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision b of section 26-510 of the administrative code
of the city of New York is amended to read as follows:
b. The rent guidelines board shall establish annually guidelines for
rent adjustments, and in determining whether rents for housing accommo-
dations subject to the emergency tenant protection act of nineteen
seventy-four or this law shall be adjusted shall consider, among other
things (1) the economic condition of the residential real estate indus-
try in the affected area including such factors as the prevailing and
projected (i) real estate taxes and sewer and water rates, (ii) gross
operating AND maintenance costs (including insurance rates, governmental
fees, cost of fuel and labor AND ADMINISTRATIVE costs), (iii) costs and
availability of financing (including effective rates of interest), (iv)
over-all supply of housing accommodations and over-all vacancy rates,
(V) GROSS RENTAL INCOME INCLUDING INCOME FROM OTHER THAN RESIDENTIAL
RENTS, (VI) ECONOMIC BENEFITS, OTHER THAN RENTAL INCOME, DERIVED FROM
THE OWNERSHIP AND UPGRADING OF RENTAL PROPERTY, (2) relevant data from
the current and projected cost of living indices for the affected area,
(3) such other data as may be made available to it. IN CALCULATING LABOR
AND ADMINISTRATIVE COSTS, THE RENT GUIDELINES BOARD SHALL CONSIDER THE
FEASIBILITY OF IMPUTING A VALUE TO THE ACTUAL, VERIFIED UNSALARIED LABOR
AND ADMINISTRATIVE TASKS PERFORMED BY BUILDING OWNERS OR MEMBERS OF
THEIR IMMEDIATE FAMILY WHO RESIDE WITH THEM. IF THE INCLUSION OF THE
VALUE OF SUCH LABOR AND ADMINISTRATIVE TASKS IS DEEMED FEASIBLE BY THE
BOARD, THEY SHALL BE INCLUDED AS ONE OF THE FACTORS CONSIDERED HEREIN.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08419-01-9
A. 5521 2
THE RENT GUIDELINES BOARD SHALL ANNUALLY REQUIRE A SAMPLE OF LANDLORDS
SUBJECT TO REGULATION UNDER THIS LAW TO MAKE AVAILABLE THEIR BOOKS AND
RECORDS REGARDING INCOME, EXPENDITURES, TAX BENEFITS AND FINANCING
ARRANGEMENTS FOR EXAMINATION BY THE BOARD AND THE BOARD SHALL UTILIZE
THE RESULTS OF SUCH SAMPLE AS ONE OF THE CRITERIA UPON WHICH THEIR FIND-
INGS ARE BASED. SUCH SAMPLE SHALL BE DESIGNED TO BE REASONABLY REPRESEN-
TATIVE OF THE TYPES OF BUILDINGS WHICH ARE SUBJECT TO REGULATION UNDER
THIS LAW. ANY INFORMATION PROVIDED BY LANDLORDS PURSUANT TO THIS SUBDI-
VISION REGARDING AN INDIVIDUAL BUILDING OR GROUP OF BUILDINGS SHALL NOT
BE SUBJECT TO THE FREEDOM OF INFORMATION LAW AND THE RENT GUIDELINES
BOARD SHALL SAFEGUARD THE CONFIDENTIALITY OF SUCH INFORMATION PROVIDED
HOWEVER THAT THE BOARD SHALL MAKE AVAILABLE TO THE PUBLIC CUMULATIVE AND
STATISTICAL RESULTS OF THE REPRESENTATIVE SAMPLE OF BOOKS AND RECORDS
REQUIRED HEREIN. Not later than July first of each year, the rent guide-
lines board shall file with the city clerk its findings for the preced-
ing calendar year, and shall accompany such findings with a statement of
the maximum rate or rates of rent adjustment, if any, for one or more
classes of accommodations subject to this law, authorized for leases or
other rental agreements commencing on the next succeeding October first
or within the twelve months thereafter. Such findings and statement
shall be published in the City Record.
S 2. Subdivision i of section 26-510 of the administrative code of the
city of New York is relettered subdivision j and a new subdivision i is
added to read as follows:
I. IN FURTHERANCE OF ITS RESPONSIBILITY TO ENFORCE THIS LAW, THE RENT
GUIDELINES BOARD SHALL BE EMPOWERED TO ADMINISTER OATHS, ISSUE SUBPOE-
NAS, CONDUCT INVESTIGATIONS, MAKE INSPECTIONS AND DESIGNATE OFFICERS TO
HEAR AND REPORT.
S 3. The opening paragraph of subdivision b 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 403 of
the laws of 1983, is amended to read as follows:
A county rent guidelines board shall establish annually guidelines for
rent adjustments which, at its sole discretion may be varied and differ-
ent for and within the several zones and jurisdictions of the board, and
in determining whether rents for housing accommodations as to which an
emergency has been declared pursuant to this act shall be adjusted,
shall consider among other things (1) the economic condition of the
residential real estate industry in the affected area including such
factors as the prevailing and projected (i) real estate taxes and sewer
and water rates, (ii) gross operating AND maintenance costs (including
insurance rates, governmental fees, cost of fuel and labor AND ADMINIS-
TRATIVE costs), (iii) costs and availability of financing (including
effective rates of interest), (iv) over-all supply of housing accommo-
dations and over-all vacancy rates, (V) GROSS RENTAL INCOME, INCLUDING
INCOME FROM OTHER THAN RESIDENTIAL RENTS, (VI) ECONOMIC BENEFITS, OTHER
THAN RENTAL INCOME, DERIVED FROM THE OWNERSHIP AND UPGRADING OF RENTAL
PROPERTY, (2) relevant data from the current and projected cost of
living indices for the affected area, (3) such other data as may be
made available to it. IN CALCULATING LABOR AND ADMINISTRATIVE COSTS, THE
RENT GUIDELINES BOARD SHALL CONSIDER THE FEASIBILITY OF IMPUTING A VALUE
TO THE ACTUAL, VERIFIED UNSALARIED LABOR AND ADMINISTRATIVE TASKS
PERFORMED BY BUILDING OWNERS OR MEMBERS OF THEIR IMMEDIATE FAMILY WHO
RESIDE WITH THEM. IF THE INCLUSION OF THE VALUE OF SUCH LABOR AND ADMIN-
ISTRATIVE TASKS IS DEEMED FEASIBLE BY THE BOARD, THEY SHALL BE INCLUDED
AS ONE OF THE FACTORS CONSIDERED HEREIN. THE RENT GUIDELINES BOARD SHALL
A. 5521 3
ANNUALLY REQUIRE A SAMPLE OF LANDLORDS SUBJECT TO REGULATION UNDER THIS
ACT TO MAKE AVAILABLE THEIR BOOKS AND RECORDS REGARDING INCOME, EXPENDI-
TURES, TAX BENEFITS AND FINANCING ARRANGEMENTS FOR EXAMINATION BY THE
BOARD AND THE BOARD SHALL UTILIZE THE RESULTS OF SUCH SAMPLE AS ONE OF
THE CRITERIA UPON WHICH THEIR FINDINGS ARE BASED. SUCH SAMPLE SHALL BE
DESIGNED TO BE REASONABLY REPRESENTATIVE OF THE TYPES OF BUILDINGS WHICH
ARE SUBJECT TO REGULATION UNDER THIS LAW. ANY INFORMATION PROVIDED BY
LANDLORDS PURSUANT TO THIS SUBDIVISION REGARDING AN INDIVIDUAL BUILDING
OR GROUP OF BUILDINGS SHALL NOT BE SUBJECT TO THE FREEDOM OF INFORMATION
LAW AND THE RENT GUIDELINES BOARD SHALL SAFEGUARD THE CONFIDENTIALITY OF
SUCH INFORMATION PROVIDED HOWEVER THAT THE BOARD SHALL MAKE AVAILABLE TO
THE PUBLIC CUMULATIVE AND STATISTICAL RESULTS OF THE REPRESENTATIVE
SAMPLE OF BOOKS AND RECORDS REQUIRED HEREIN. As soon as practicable
after its creation and thereafter not later than July first of each
year, a rent guidelines board shall file with the state division of
housing and community renewal its findings for the preceding calendar
year, and shall accompany such findings with a statement of the maximum
rate or rates of rent adjustment, if any, for one or more classes of
accommodation subject to this act, authorized for leases or other rental
agreements commencing during the next succeeding twelve months. The
standards for rent adjustments may be applicable for the entire county
or may be varied according to such zones or jurisdictions within such
county as the board finds necessary to achieve the purposes of this
subdivision.
S 4. Subdivisions c and d of section 4 of section 4 of chapter 576 of
the laws of 1974, constituting the emergency tenant protection act of
nineteen seventy-four are relettered subdivisions d and e and a new
subdivision c is added to read as follows:
C. IN FURTHERANCE OF ITS RESPONSIBILITY TO ENFORCE THIS ACT, THE RENT
GUIDELINES BOARD SHALL BE EMPOWERED TO ADMINISTER OATHS, ISSUE SUBPOE-
NAS, CONDUCT INVESTIGATIONS, MAKE INSPECTIONS AND DESIGNATE OFFICERS TO
HEAR AND REPORT.
S 5. This act shall take effect immediately provided that:
(a) the amendments to section 26-510 of the rent stabilization law of
nineteen hundred sixty-nine 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 under section 26-520 of such law,
and;
(b) the amendments to section 4 of the emergency tenant protection act
of nineteen seventy-four made by sections three and four 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, as amended.