S. 5150 2
paragraphs 1 and 2 of subdivision (c) as amended and subdivision (e) as
added by chapter 116 of the laws of 1997, is amended to read as follows:
S 5-a. High income rent decontrol. (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 residing therein in connection with such employment
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 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.
(b) On or before the first day of May in each calendar year, the owner
of each housing accommodation for which the legal regulated rent is
[two] ONE thousand FIVE HUNDRED dollars or more per month may provide
the tenant or tenants residing therein with an income certification form
prepared by the division of housing and community renewal on which such
tenant or tenants shall identify all persons referred to in subdivision
(a) of this section and shall certify whether the total AVERAGE annual
income is in excess of one hundred seventy-five thousand dollars [in
each of] FOR the two preceding calendar years. Such income certification
form shall state that the income level certified to by the tenant may be
subject to verification by the department of taxation and finance pursu-
ant to section one hundred seventy-one-b of the tax law, and shall not
require disclosure of any information other than whether the aforemen-
tioned threshold has been exceeded. Such income certification form shall
clearly state that: (i) only tenants residing in housing accommodations
which had a legal regulated rent of two thousand dollars or more per
month are required to complete the certification form; (ii) that tenants
have protections available to them which are designed to prevent harass-
ment; (iii) that tenants are not required to provide any information
regarding their income except that which is requested on the form and
may contain such other information the division deems appropriate. The
tenant or tenants shall return the completed certification to the owner
within thirty days after service upon the tenant or tenants. In the
event that the total AVERAGE annual income as certified is in excess of
one hundred seventy-five thousand dollars in each such year, the owner
may file the certification with the state division of housing and commu-
nity renewal on or before June thirtieth of such year. Upon filing such
certification with the division, the division shall, within thirty days
after the filing, issue an order providing that such housing accommo-
dation shall not be subject to the provisions of this act upon the expi-
ration 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 mailed to the owner.
(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 AVERAGE annual income exceeds
S. 5150 3
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 AVERAGE annual income exceeds
one hundred seventy-five thousand dollars [in each such year] FOR THE
TWO PRECEDING CALENDAR YEARS. The division's notification shall require
the tenant or tenants to provide the information to the division within
sixty days of service upon such tenant or tenants and shall include a
warning in bold faced type that failure to respond will result in an
order being issued by the division providing that such housing accommo-
dations shall not be subject to the provisions of this act.
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] FOR 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 days within which to comment on such verifica-
tion 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. WHERE THE DEPARTMENT OF TAXATION AND FINANCE IS UNABLE TO
DETERMINE WHETHER THE TOTAL AVERAGE ANNUAL INCOME IS IN EXCESS OF ONE
HUNDRED SEVENTY-FIVE THOUSAND DOLLARS FOR THE TWO PRECEDING CALENDAR
YEARS, IT SHALL BE PRESUMED THAT THE TOTAL AVERAGE ANNUAL INCOME OF SUCH
TENANT IS IN EXCESS OF ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS FOR THE
TWO PRECEDING CALENDAR YEARS AND THE PROCEDURES OF THIS PARAGRAPH SHALL
APPLY TO SUCH TENANT. THE STATE DIVISION OF HOUSING AND COMMUNITY
RENEWAL SHALL PROMULGATE REGULATIONS WHICH SET FORTH THE MANNER IN WHICH
SUCH A TENANT MAY REBUT SUCH PRESUMPTION.
3. In the event the tenant or tenants fail to provide the information
required pursuant to paragraph one of this subdivision, the division
shall issue, on or before December first of such year, an order provid-
ing 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. WHERE THE DEPARTMENT OF TAXATION AND FINANCE IS
UNABLE TO DETERMINE WHETHER THE TOTAL AVERAGE ANNUAL INCOME IS IN EXCESS
OF ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS FOR THE TWO PRECEDING
CALENDAR YEARS, IT SHALL BE PRESUMED THAT THE TOTAL AVERAGE ANNUAL
INCOME OF SUCH TENANT IS IN EXCESS OF ONE HUNDRED SEVENTY-FIVE THOUSAND
DOLLARS FOR THE TWO PRECEDING CALENDAR YEARS AND THE PROCEDURES OF THIS
PARAGRAPH SHALL APPLY TO SUCH TENANT. THE STATE DIVISION OF HOUSING AND
COMMUNITY RENEWAL SHALL PROMULGATE REGULATIONS WHICH SET FORTH THE
MANNER IN WHICH SUCH A TENANT MAY REBUT SUCH PRESUMPTION.
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.
(d) This section shall apply only to paragraph twelve of subdivision a
of section five of this act.
S. 5150 4
(e) Upon receipt of such order of decontrol pursuant to this section,
an owner shall offer the housing accommodation subject to such order to
the tenant at a rent not in excess of the market rent, which for the
purposes of this section means a rent obtainable in an arm's length
transaction. Such rental offer shall be made by the owner in writing to
the tenant by certified and regular mail and shall inform the tenant
that such offer must be accepted in writing within ten days of receipt.
The tenant shall respond within ten days after receipt of such offer. If
the tenant declines the offer or fails to respond within such period,
the owner may commence an action or proceeding for the eviction of such
tenant.
S 3. Paragraph (m) of subdivision 2 of section 2 of chapter 274 of the
laws of 1946, constituting the emergency housing rent control law, as
amended by chapter 116 of the laws of 1997, is amended to read as
follows:
(m) upon the issuance of an order of decontrol by the division, hous-
ing accommodations which: (1) are occupied by persons who have a total
AVERAGE annual income in excess of one hundred seventy-five thousand
dollars [in each of] PER ANNUM FOR the two preceding calendar years, as
defined in and subject to the limitations and process set forth in
section two-a of this law; and (2) have a maximum rent of [two] ONE
thousand FIVE HUNDRED dollars or more per month.
S 4. 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, subdivision (b) and paragraphs 1 and 2 of subdivision (c) as
amended and subdivision (e) as added by chapter 116 of the laws of 1997,
is amended to read as follows:
S 2-a. (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 resi-
dence on other than a temporary basis, excluding bona fide employees of
such occupants residing therein in connection with such employment 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 accommodation is sublet, the annual income of the
sublessor shall be considered.
(b) On or before the first day of May in each calendar year, the owner
of each housing accommodation for which the maximum rent is [two] ONE
thousand FIVE HUNDRED dollars or more per month may provide the tenant
or tenants residing therein with an income certification form prepared
by the division of housing and community renewal on which such tenant or
tenants shall identify all persons referred to in subdivision (a) of
this section and shall certify whether the total AVERAGE annual income
is in excess of one hundred seventy-five thousand dollars [in each of]
FOR the two preceding calendar years. Such income certification form
shall state that the income level certified to by the tenant may be
subject to verification by the department of taxation and finance pursu-
ant to section one hundred seventy-one-b of the tax law and shall not
require disclosure of any income information other than whether the
aforementioned threshold has been exceeded. Such income certification
form shall clearly state that: (i) only tenants residing in housing
accommodations which had a maximum rent of [two] ONE thousand FIVE
HUNDRED dollars or more per month are required to complete the certif-
ication form; (ii) that tenants have protections available to them which
are designed to prevent harassment; (iii) that tenants are not required
S. 5150 5
to provide any information regarding their income except that which is
requested on the form and may contain such other information the divi-
sion deems appropriate. The tenant or tenants shall return the completed
certification to the owner within thirty days after service upon the
tenant or tenants. In the event that the total AVERAGE annual income as
certified is in excess of one hundred seventy-five thousand dollars in
each such year, the owner may file the certification with the state
division of housing and community renewal on or before June thirtieth of
such year. Upon filing such certification with the division, the divi-
sion shall, within thirty days after the filing, issue an order of
decontrol providing that such housing accommodations shall not be
subject to the provisions of this law as of the first day of June in the
year next succeeding the filing of the certification by the owner. 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
mailed to the owner.
(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 AVERAGE annual income exceeds
one hundred seventy-five thousand dollars [in each of] FOR 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 AVERAGE 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 days of service upon such
tenant or tenants and shall include a warning in bold faced type that
failure to respond will result in an order of decontrol being issued by
the division for such housing accommodation.
2. If the department of taxation and finance determines that the total
AVERAGE annual income is in excess of one hundred seventy-five thousand
dollars [in each of] FOR 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 days within which to comment on such verifica-
tion results. Within forty-five days after the expiration of the
comment period, the division shall, where appropriate, issue 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 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. WHERE THE DEPARTMENT OF TAXATION AND FINANCE IS
UNABLE TO DETERMINE WHETHER THE TOTAL AVERAGE ANNUAL INCOME IS IN EXCESS
OF ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS FOR THE TWO PRECEDING
CALENDAR YEARS, IT SHALL BE PRESUMED THAT THE TOTAL AVERAGE ANNUAL
INCOME OF SUCH TENANT IS IN EXCESS OF ONE HUNDRED SEVENTY-FIVE THOUSAND
DOLLARS FOR THE TWO PRECEDING CALENDAR YEARS AND THE PROCEDURES OF THIS
PARAGRAPH SHALL APPLY TO SUCH TENANT. THE STATE DIVISION OF HOUSING AND
S. 5150 6
COMMUNITY RENEWAL SHALL PROMULGATE REGULATIONS WHICH SET FORTH THE
MANNER IN WHICH SUCH A TENANT MAY REBUT SUCH PRESUMPTION.
3. In the event the tenant or tenants fail to provide the information
required pursuant to paragraph one of this subdivision, the division
shall 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 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.
(d) This section shall apply only to paragraph (m) of subdivision two
of section two of this law.
(e) Upon receipt of such order of decontrol pursuant to this section,
an owner shall offer the housing accommodation subject to such order to
the tenant at a rent not in excess of the market rent, which for the
purposes of this section means a rent obtainable in an arm's length
transaction. Such rental offer shall be made by the owner in writing to
the tenant by certified and regular mail and shall inform the tenant
that such offer must be accepted in writing within ten days of receipt.
The tenant shall respond within ten days after receipt of such offer. If
the tenant declines the offer or fails to respond within such period,
the owner may commence an action or proceeding for the eviction of such
tenant.
S 5. Section 26-504.1 of the administrative code of the city of New
York, as amended by chapter 116 of the laws of 1997, is amended to read
as follows:
S 26-504.1 Exclusion of accommodations of high income renters. Upon
the issuance of an order by the division, "housing accommodations" shall
not include housing accommodations which: (1) are occupied by persons
who have a total AVERAGE annual income in excess of one hundred seven-
ty-five thousand dollars per annum for each of the two preceding calen-
dar years, as defined in and subject to the limitations and process set
forth in section 26-504.3 of this chapter; and (2) have a legal regu-
lated rent of [two] ONE thousand FIVE HUNDRED dollars or more per month.
Provided, however, that this exclusion shall not apply to housing accom-
modations which became or become subject to this law (a) by virtue of
receiving tax benefits pursuant to section four hundred twenty-one-a or
four hundred eighty-nine of the real property tax law, except as other-
wise provided in subparagraph (i) of paragraph (f) of subdivision two of
section four hundred twenty-one-a of the real property tax law, or (b)
by virtue of article seven-C of the multiple dwelling law.
S 6. Section 26-504.3 of the administrative code of the city of New
York, as added by chapter 253 of the laws of 1993, subdivision (b) and
paragraphs 1 and 2 of subdivision (c) as amended and subdivision (e) as
added by chapter 116 of the laws of 1997, is amended to read as follows:
S 26-504.3 High income rent decontrol. (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 accommo-
S. 5150 7
dation as their primary residence on other than a temporary basis,
excluding bona fide employees of such occupants residing therein in
connection with such employment 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 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.
(b) On or before the first day of May in each calendar year, the owner
of each housing accommodation for which the legal regulated rent is
[two] ONE thousand FIVE HUNDRED dollars or more per month may provide
the tenant or tenants residing therein with an income certification form
prepared by the division of housing and community renewal on which such
tenant or tenants shall identify all persons referred to in subdivision
(a) of this section and shall certify whether the total AVERAGE annual
income is in excess of one hundred seventy-five thousand dollars [in
each of] FOR the two preceding calendar years. Such income certification
form shall state that the income level certified to by the tenant may be
subject to verification by the department of taxation and finance pursu-
ant to section one hundred seventy-one-b of the tax law and shall not
require disclosure of any income information other than whether the
aforementioned threshold has been exceeded. Such income certification
form shall clearly state that: (i) [only tenants residing in housing
accommodations which have a legal regulated rent of two thousand dollars
or more per month are required to complete the certification form; (ii)]
that tenants have protections available to them which are designed to
prevent harassment; [(iii)] AND (II) that tenants are not required to
provide any information regarding their income except that which is
requested on the form and may contain such other information the divi-
sion deems appropriate. The tenant or tenants shall return the completed
certification to the owner within thirty days after service upon the
tenant or tenants. In the event that the total AVERAGE annual income as
certified is in excess of one hundred seventy-five thousand dollars in
each such year, the owner may file the certification with the state
division of housing and community renewal on or before June thirtieth of
such year. Upon filing such certification with the division, the divi-
sion shall, within thirty days after the filing, issue an order provid-
ing that such housing accommodation shall not be subject to the
provisions of this act 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
mailed to the owner.
(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 AVERAGE annual income exceeds
one hundred seventy-five thousand dollars [in each of] FOR 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 AVERAGE
annual income exceeds one hundred seventy-five thousand dollars in each
S. 5150 8
such year. The division's notification shall require the tenant or
tenants to provide the information to the division within sixty days of
service upon such tenant or tenants and shall include a warning in bold
faced type that failure to respond will result in an order being issued
by the division providing that such housing accommodation shall not be
subject to the provisions of this law.
2. If the department of taxation and finance determines that the total
AVERAGE annual income is in excess of one hundred seventy-five thousand
dollars [in each of] FOR 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 days within which to comment on such verifica-
tion 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. WHERE THE DEPARTMENT OF TAXATION AND FINANCE IS
UNABLE TO DETERMINE, BASED UPON THE INFORMATION CONTAINED IN THE INFOR-
MATION PROVIDED BY THE TENANT, WHETHER THE TOTAL AVERAGE ANNUAL INCOME
IS IN EXCESS OF ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS FOR THE TWO
PRECEDING CALENDAR YEARS, IT SHALL BE PRESUMED THAT THE TOTAL AVERAGE
ANNUAL INCOME OF SUCH TENANT IS IN EXCESS OF ONE HUNDRED SEVENTY-FIVE
THOUSAND DOLLARS FOR THE TWO PRECEDING CALENDAR YEARS AND THE PROCEDURES
OF THIS PARAGRAPH SHALL APPLY TO SUCH TENANT. THE STATE DIVISION OF
HOUSING AND COMMUNITY RENEWAL SHALL PROMULGATE REGULATIONS WHICH SET
FORTH THE MANNER IN WHICH SUCH A TENANT MAY REBUT SUCH PRESUMPTION.
3. In the event the tenant or tenants fail to provide the information
required pursuant to paragraph one of this subdivision, the division
shall issue, on or before December first of such year, an order provid-
ing 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.
(d) This section shall apply only to section 26-504.1 of this code.
(e) Upon receipt of such order of decontrol pursuant to this section,
an owner shall offer the housing accommodation subject to such order to
the tenant at a rent not in excess of the market rent, which for the
purposes of this section means a rent obtainable in an arm's length
transaction. Such rental offer shall be made by the owner in writing to
the tenant by certified and regular mail and shall inform the tenant
that such offer must be accepted in writing within ten days of receipt.
The tenant shall respond within ten days after receipt of such offer. If
the tenant declines the offer or fails to respond within such period,
the owner may commence an action or proceeding for the eviction of such
tenant.
S 7. Subparagraph (j) of paragraph 2 of subdivision e of section
26-403 of the administrative code of the city of New York, as amended by
chapter 116 of the laws of 1997, is amended to read as follows:
(j) Upon the issuance of an order of decontrol by the division, hous-
ing accommodations which: (1) are occupied by persons who have a total
S. 5150 9
AVERAGE annual income in excess of one hundred seventy-five thousand
dollars per annum [in each of] FOR the two preceding calendar years, as
defined in and subject to the limitations and process set forth in
section 26-403.1 of this chapter; and (2) have a maximum rent of [two]
ONE thousand FIVE HUNDRED dollars or more per month. Provided however,
that this exclusion shall not apply to housing accommodations which
became or become subject to this law by virtue of receiving tax benefits
pursuant to section four hundred eighty-nine of the real property tax
law.
S 8. Section 26-403.1 of the administrative code of the city of New
York, as added by chapter 253 of the laws of 1993, subdivision (b) and
paragraphs 1 and 2 of subdivision (c) as amended and subdivision (e) as
added by chapter 116 of the laws of 1997, is amended to read as follows:
S 26-403.1 High income rent decontrol. (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 hous-
ing 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 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 accommodation is
sublet, the annual income of the sublessor shall be considered.
(b) On or before the first day of May in each calendar year, the owner
of each housing accommodation for which the maximum rent is [two] ONE
thousand FIVE HUNDRED dollars or more per month may provide the tenant
or tenants residing therein with an income certification form prepared
by the division of housing and community renewal on which such tenant or
tenants shall identify all persons referred to in subdivision (a) of
this section and shall certify whether the total AVERAGE annual income
is in excess of one hundred seventy-five thousand dollars [in each of]
FOR the two preceding calendar years. Such income certification form
shall state that the income level certified to by the tenant may be
subject to verification by the department of taxation and finance pursu-
ant to section one hundred seventy-one-b of the tax law and shall not
require disclosure of any income information other than whether the
aforementioned threshold has been exceeded. Such income certification
form shall clearly state that: (i) [only tenants residing in housing
accommodations which have a maximum rent of two thousand dollars or more
per month are required to complete the certification form; (ii)] that
tenants have protections available to them which are designed to prevent
harassment; [(iii)] AND (II) that tenants are not required to provide
any information regarding their income except that which is requested on
the form and may contain such other information the division deems
appropriate. The tenant or tenants shall return the completed certif-
ication to the owner within thirty days after service upon the tenant or
tenants. In the event that the total AVERAGE annual income as certified
is in excess of one hundred seventy-five thousand dollars in each such
year, the owner may file the certification with the state division of
housing and community renewal on or before June thirtieth of such year.
Upon filing such certification with the division, the division shall,
within thirty days after the filing, issue an order of decontrol provid-
ing that such housing accommodations shall not be subject to the
provisions of this law as of the first day of June in the year next
succeeding the filing of the certification by the owner. A copy of such
order shall be mailed by regular and certified mail, return receipt
S. 5150 10
requested, to the tenant or tenants and a copy thereof shall be mailed
to the owner.
(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 AVERAGE annual income exceeds
one hundred seventy-five thousand dollars [in each of] FOR 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 AVERAGE 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 days of service upon such
tenant or tenants and shall include a warning in bold faced type that
failure to respond will result in an order of decontrol being issued by
the division for such housing accommodation.
2. If the department of taxation and finance determines that the total
AVERAGE annual income is in excess of one hundred seventy-five thousand
dollars [in each of] FOR 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 days within which to comment on such verifica-
tion results. Within forty-five days after the expiration of the
comment period, the division shall, where appropriate, issue 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 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. WHERE THE DEPARTMENT OF TAXATION AND FINANCE IS
UNABLE TO DETERMINE, BASED UPON THE INFORMATION CONTAINED IN THE INFOR-
MATION PROVIDED BY THE TENANT, WHETHER THE TOTAL AVERAGE ANNUAL INCOME
IS IN EXCESS OF ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS FOR THE TWO
PRECEDING CALENDAR YEARS, IT SHALL BE PRESUMED THAT THE TOTAL AVERAGE
ANNUAL INCOME OF SUCH TENANT IS IN EXCESS OF ONE HUNDRED SEVENTY-FIVE
THOUSAND DOLLARS FOR THE TWO PRECEDING CALENDAR YEARS AND THE PROCEDURES
OF THIS PARAGRAPH SHALL APPLY TO SUCH TENANT. THE STATE DIVISION OF
HOUSING AND COMMUNITY RENEWAL SHALL PROMULGATE REGULATIONS WHICH SET
FORTH THE MANNER IN WHICH SUCH A TENANT MAY REBUT SUCH PRESUMPTION.
3. In the event the tenant or tenants fail to provide the information
required pursuant to paragraph one of this subdivision, the division
shall 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 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.
S. 5150 11
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.
(d) This section shall apply only to subparagraph (j) of paragraph two
of subdivision e of section 26-403 of this code.
(e) Upon receipt of such order of decontrol pursuant to this section,
an owner shall offer the housing accommodation subject to such order to
the tenant at a rent not in excess of the market rent, which for the
purposes of this section means a rent obtainable in an arm's length
transaction. Such rental offer shall be made by the owner in writing to
the tenant by certified and regular mail and shall inform the tenant
that such offer must be accepted in writing within ten days of receipt.
The tenant shall respond within ten days after receipt of such offer. If
the tenant declines the offer or fails to respond within such period,
the owner may commence an action or proceeding for the eviction of such
tenant.
S 9. This act shall take effect immediately and shall first apply to
income certification forms provided by owners to tenants on or after
January 1, 2012, provided that:
(a) the amendments to the emergency tenant protection act of nineteen
seventy-four made by sections one and two of this act shall expire on
the same date as such act expires and shall not affect the expiration of
such act as provided in section 17 of chapter 576 of the laws of 1974;
(b) the amendments to the emergency housing rent control law made by
sections three and four 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;
(c) the amendments to chapter 4 of title 26 of the administrative code
of the city of New York 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
(d) the amendments to the city rent and rehabilitation law made by
sections seven and eight of this act shall remain in full force and
effect only as 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.