Senate Bill S449A

2011-2012 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 Rules 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 12, 2012	committee discharged and committed to rules
Feb 27, 2012	notice of committee consideration - requested
Jan 13, 2012	print number 449a
Jan 13, 2012	amend and recommit to housing, construction and community development
Jan 04, 2012	referred to housing, construction and community development
Jan 05, 2011	referred to housing, construction and community development

Bill Amendments

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A (Active)

co-Sponsors

2011-S449 - Details

See Assembly Version of this Bill:: A6131
Current Committee:: Senate Rules
Law Section:: Emergency Housing Rent Control Law
Laws Affected:: Amd §2-a, Emerg Hous Ren 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, A622
2013-2014: S3166, A84
2015-2016: S2804, A5718
2017-2018: S3188, A4318

2011-S449 - 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.

2011-S449 - Sponsor Memo

                                BILL NUMBER:S449

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 (c) 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.

LEGISLATIVE HISTORY:
2006:     S.7463
2007-08:  S.3205
2009-10:  S.3859

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.

2011-S449 - Bill Text download pdf

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

                                   449

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KRUEGER, DUANE, HUNTLEY -- 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.  Subdivision (a) 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, is amended to read as follows:
  (a) 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] 226-B of the real property law. [In  the  case  where  a  housing
accommodation  is  sublet,  the  annual income of the sublessor 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

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

                                                           LBD00948-01-1

S. 449                              2

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.
  S  2.    Subdivision  (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, paragraphs 1 and 2 as amended by chap-
ter 116 of the laws of 1997, 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] 171-B of the tax law, whether the total annual income exceeds one
hundred seventy-five thousand dollars  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 one hundred seventy-five
thousand dollars in each such year.  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  HEAR-
ING 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 of
decontrol 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 one hundred seventy-five thousand  dollars
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  decon-
trol  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  decontrol  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

S. 449                              3

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.
  S 3. Subdivision (a) 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, is
amended to read as follows:
  (a) 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.
  S 4. Subdivision (c) 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, para-
graphs 1 and 2 as amended by chapter 116 of the laws of 1997, 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 one
hundred seventy-five thousand dollars  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 one hundred seventy-five
thousand dollars in each such year. 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  HEAR-
ING 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 of
decontrol 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. 449                              4

  2. If the department of taxation and finance determines that the total
annual income is in excess of one hundred seventy-five thousand  dollars
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  decon-
trol  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  decontrol  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.
  S 5. Subdivision (a) of section 26-504.3 of the administrative code of
the city of New York, as added by chapter 253 of the laws  of  1993,  is
amended to read as follows:
  (a) 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.
  S 6. Subdivision (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 1993, para-
graphs 1 and 2 as amended by chapter 116 of the laws of 1997, is amended
to read as follows:

S. 449                              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 one
hundred seventy-five thousand dollars  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
one  hundred  seventy-five thousand dollars in each such year. 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 one hundred seventy-five thousand dollars
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] 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 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.
  S 7. Subdivision (a) 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  added  by  chapter  253 of the laws of 1993, is
amended to read as follows:

S. 449                              6

  (a) 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]
226-B  of  the  real property law. [In the case where a housing accommo-
dation is sublet, the annual income of the tenant or  co-tenant  recited
on  the lease who will reoccupy the housing accommodation upon the expi-
ration of the sublease shall be considered.] FOR THE  PURPOSES  OF  THIS
SUBDIVISION,  DISABLED  PERSON SHALL MEAN AN INDIVIDUAL (I) WITH A PHYS-
ICAL 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 PHYSI-
CIAN OF THIS STATE. FOR THE PURPOSES OF THIS SUBDIVISION, SENIOR CITIZEN
SHALL MEAN ANY PERSON WHO IS SIXTY-TWO YEARS OF AGE OR OLDER.
  S 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  added by chapter 253 of the laws of 1993, para-
graphs 1 and 2 as amended by chapter 116 of the laws of 1997, 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] 171-B of the tax law, whether the total annual income exceeds one
hundred seventy-five thousand dollars  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
information as the division and the department of taxation  and  finance
shall  require  to  verify  whether  the total annual income exceeds one
hundred seventy-five thousand dollars in each such year. The  division's
notification shall require the tenant or tenants to provide the informa-
tion  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 REPRE-
SENT 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 one hundred seventy-five thousand  dollars
in  each  of the two preceding calendar years, the division shall, on or

S. 449                              7

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 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  [or]  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.
  S 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  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 emer-
gency 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 as
provided under section 26-520 of such law; and provided that the  amend-
ments  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.

co-Sponsors

2011-S449A (ACTIVE) - Details

See Assembly Version of this Bill:: A6131
Current Committee:: Senate Rules
Law Section:: Emergency Housing Rent Control Law
Laws Affected:: Amd §2-a, Emerg Hous Ren 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, A622
2013-2014: S3166, A84
2015-2016: S2804, A5718
2017-2018: S3188, A4318

2011-S449A (ACTIVE) - Summary

2011-S449A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S449A

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 (c)
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.

LEGISLATIVE HISTORY:
2006:     S.7463
2007-08:  S.3205
2009-10:  S.3859

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.

2011-S449A (ACTIVE) - Bill Text download pdf

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

                                 449--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KRUEGER, DUANE, HUNTLEY -- read twice and ordered
  printed, and when printed to be committed to the Committee on Housing,
  Construction and Community Development -- 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 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

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

                                                           LBD00948-02-1

S. 449--A                           2

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.
  S 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

S. 449--A                           3

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-
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.
  S  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.
  S 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

S. 449--A                           4

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 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.
  S 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.

S. 449--A                           5

  S 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:
  (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.
  S 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

S. 449--A                           6

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:
  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.
  S 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

S. 449--A                           7

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 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.
  S 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 S449A

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Rules Committee

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Thomas K. Duane

Shirley L. Huntley

2011-S449 - Details

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2011-S449 - Bill Text download pdf

co-Sponsors

Thomas K. Duane

Shirley L. Huntley

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2011-S449A (ACTIVE) - Sponsor Memo

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