NY State Senate Bill 2011-S741

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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 18, 2012	print number 741b
Apr 18, 2012	amend and recommit to housing, construction and community development
Jan 31, 2012	print number 741a
Jan 31, 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

Original

B (Active)

co-Sponsors

2011-S741 - Details

See Assembly Version of this Bill:: A6394
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-510, NYC Ad Cd; amd §4, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1731, A8240
2013-2014: S208, A104
2015-2016: S196, A5584
2017-2018: S1796, S7034, A1014
2019-2020: S5141
2021-2022: S2856

2011-S741 - Summary

Relates to the appointment and qualifications of members of rent boards.

2011-S741 - Sponsor Memo

                                BILL NUMBER:S741

TITLE OF BILL:
An act
to amend the administrative code of the city of New York and the
emergency tenant protection act of nineteen seventy-four, in relation to
the establishment of rent boards

PURPOSE:
To provide a more democratic process for the appointment of members of
rent guidelines boards and to ensure that the public members have
certain qualifications.

SUMMARY OF PROVISIONS:
Section 1. Amends the New York City Rent Stabilization Law. It gives
the New York City Council an advice and consent role in the mayoral
appointment of New York City Rent Guidelines Board members. It
removes a provision that the chair of the board serves at the
pleasure of the Mayor. It provides for the removal of members for
cause by the City Council and for the replacement of such members. It
adds experience in public service, philanthropy, social services,
urban planning, architecture, social sciences and with non-profit
corporations to the list of qualifications for appointment as public
members.

Section 2. Amends the Emergency Tenant Protection Act of 1974. It

gives the county executives of the counties of Nassau, Westchester
and Rockland the power to appoint members of the county rent
guidelines boards with the advice and consent of the respective
county legislatures. It provides for the removal of members for cause
by the county legislature and for the replacement of such members. It
adds experience in public service, philanthropy, social services,
urban planning, architecture, social sciences and with non-profit
corporations to the list of qualifications for appointment as public
members.

Under existing law, the Mayor of New York City unilaterally appoints
the members of the New York City Rent Guidelines Board. In the
counties of Nassau, Westchester and Rockland, the members of the
county rent guidelines boards are appointed by the New York State
Commissioner of Housing and Community Renewal upon recommendation of
the county legislatures.
The five public members of each nine member board are required to have
at least five years experience in either finance, economics or housing.

JUSTIFICATION:
Requiring city council confirmation of the Mayor's appointees to the
New York city Rent Guidelines Board provides for a system of checks
and balances that is an essential component of our democracy.
Legislative confirmation enhances home rule in the vital area of rent
regulation. It also acknowledges the important role of the public
officials serving on the New York City Rent Guidelines Board.

Removing the state Division of Housing and Community Renewal (DHCR)
from its current role in choosing members of the rent guidelines
boards in Nassau, Westchester and Rockland counties also serves to


make the appointment process more democratic. The elected county
executives should appoint the board members with the advice and
consent of their county legislatures. The DHCR, as enforcement agency
under the Emergency Tenant Protection Act, should not have a role in
the selection of the officials who decide upon the rent guidelines
that the agency must enforce.

By broadening the types of qualifications that are required for public
members of the guidelines boards, the bill gives the appointing
officials greater latitude to choose persons of experience in a
variety of disciplines, rather than only in finance, economics and
housing. This will enable the public members to reflect a broader
perspective on the rent setting process than was previously available
and will enhance the deliberations of the boards.

LEGISLATIVE HISTORY:
2010: S.1731/A.8240

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately. The rent guidelines boards, as
reconstituted by this act, shall be appointed and confirmed within 45
days after the effective date.

2011-S741 - Bill Text download pdf

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

                                   741

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  SQUADRON, DIAZ, KRUEGER -- 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 administrative code of the city of New York and  the
  emergency  tenant protection act of nineteen seventy-four, in relation
  to the establishment of rent boards

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision a of section 26-510 of the administrative code
of the city of New York is amended to read as follows:
  a. There shall be a rent guidelines board to consist of nine  members,
appointed  by the mayor UPON THE ADVICE AND CONSENT OF THE CITY COUNCIL.
Two members shall be representative of tenants, two shall  be  represen-
tative  of owners of property, and five shall be public members [each of
whom]. EACH OF THE PUBLIC MEMBERS shall have had  at  least  five  years
experience  in  [either]  PUBLIC SERVICE, PHILANTHROPY, SOCIAL SERVICES,
URBAN PLANNING, ARCHITECTURE, SOCIAL SCIENCES, SERVICE WITH NOT-FOR-PRO-
FIT CORPORATIONS, finance, economics or housing. One public member shall
be designated by the mayor UPON THE ADVICE AND CONSENT OF THE CITY COUN-
CIL to serve as [chairman] CHAIR and shall hold no other public  office.
No  member,  officer or employee of any municipal rent regulation agency
or the state division of housing and community renewal and no person who
owns or manages real estate covered by this law or who is an officer  of
any owner or tenant organization shall serve on a rent guidelines board.
One  public  member, one member representative of tenants and one member
representative of owners shall serve for a term ending  two  years  from
January  first next succeeding the date of their appointment; one public
member, one member representative of tenants and  one  member  represen-
tative of owners shall serve for terms ending three years from the Janu-
ary  first  next succeeding the date of their appointment and two public

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

                                                           LBD01809-01-1

S. 741                              2

members shall serve for terms ending four years from January first  next
succeeding  the dates of their appointment. [The chairman shall serve at
the pleasure of the mayor.] Thereafter, all members  shall  continue  in
office  until  their  successors  have been appointed and qualified. The
mayor UPON THE ADVICE AND CONSENT OF THE CITY  COUNCIL  shall  fill  any
vacancy  which may occur by reason of death, resignation or otherwise in
a manner consistent with the [original appointment] PROVISIONS  OF  THIS
SUBDIVISION.  A  member  may  be removed by the [mayor] CITY COUNCIL for
cause, but not without an opportunity to be heard in person or by  coun-
sel,  in  his  or  her  defense,  upon  not less than ten days notice. A
SUCCESSOR TO SUCH MEMBER SHALL  BE  APPOINTED  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF  THIS SUBDIVISION TO SERVE THE BALANCE OF THE TERM OF THE
MEMBER WHO WAS REMOVED.
  S 2. Subdivision a of section 4 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 chapter 349 of the  laws  of  1979,  is
amended to read as follows:
  a.  In  each  county wherein any city having a population of less than
one million or any town or village has determined the  existence  of  an
emergency  pursuant to section three of this act, there shall be created
a rent guidelines board to consist of  nine  members  appointed  by  the
[commissioner  of  housing  and community renewal] COUNTY EXECUTIVE upon
[recommendation] THE ADVICE AND CONSENT of the county legislature  which
[recommendation]  APPOINTMENT shall be made within thirty days after the
first local declaration of an emergency in such county; two such members
shall be representative of  tenants,  two  shall  be  representative  of
owners  of  property,  and  five shall be public members [each of whom].
EACH OF THE PUBLIC MEMBERS shall have had at least five years experience
in [either] PUBLIC SERVICE, PHILANTHROPY, SOCIAL SERVICES,  URBAN  PLAN-
NING,  ARCHITECTURE, SOCIAL SCIENCES, SERVICE WITH NOT-FOR-PROFIT CORPO-
RATIONS, finance, economics or  housing.  One  public  member  shall  be
designated  by  the  [commissioner] COUNTY EXECUTIVE UPON THE ADVICE AND
CONSENT OF THE COUNTY LEGISLATURE to serve as [chairman] CHAIR and shall
hold no other public office. No  member,  officer  or  employee  of  any
municipal  rent  regulation  agency or the state division of housing and
community renewal and no person who owns or manages real estate  covered
by  this  law  or  who is an officer of any owner or tenant organization
shall serve on a rent guidelines board. One public  member,  one  member
representative  of tenants and one member representative of owners shall
serve for a term ending two years from January first next succeeding the
date of their appointment; one public member, one member  representative
of tenants and one member representative of owners shall serve for terms
ending  three  years  from the January first next succeeding the date of
their appointment and three public members shall serve for terms  ending
four  years  from  January  first  next  succeeding  the  dates of their
appointment.   Thereafter, all members shall serve  for  terms  of  four
years  each.    Members  shall continue in office until their successors
have been appointed and qualified. The [commissioner]  COUNTY  EXECUTIVE
UPON  THE  ADVICE  AND  CONSENT OF THE COUNTY LEGISLATURE shall fill any
vacancy which may occur by reason of death, resignation or otherwise  in
a  manner  consistent with the [original appointment] PROVISIONS OF THIS
SUBDIVISION. A member may be removed by the [commissioner] COUNTY LEGIS-
LATURE for cause, but not without an opportunity to be heard  in  person
or  by  counsel,  in  his defense, upon not less than ten days notice. A
SUCCESSOR TO SUCH MEMBER SHALL  BE  APPOINTED  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF  THIS SUBDIVISION TO SERVE THE BALANCE OF THE TERM OF THE

S. 741                              3

MEMBER WHO WAS REMOVED. Compensation for the members of the board  shall
be  at  the rate of one hundred dollars per day, for no more than twenty
days a year, except that the [chairman] CHAIR shall  be  compensated  at
the rate of one hundred twenty-five dollars a day for no more than thir-
ty  days  a  year.  The  board shall be provided staff assistance by the
division of housing and community  renewal.  The  compensation  of  such
members  and the costs of staff assistance shall be paid by the division
of housing and community renewal which shall be reimbursed in the manner
prescribed in THIS section [four of this  act].  The  local  legislative
body  of each city having a population of less than one million and each
town and village in which an emergency has been determined to  exist  as
herein provided shall be authorized to designate one person who shall be
representative  of tenants and one person who shall be representative of
owners of property to serve at its pleasure and without compensation  to
advise  and assist the county rent guidelines board in matters affecting
the adjustment of rents for housing accommodations in such city, town or
village as the case may be.
  S 3. This act shall take effect immediately; provided that:
  (a) the amendments to section 26-510 of the rent stabilization law  of
nineteen hundred sixty-nine made by section one 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;
  (b) the amendments to section 4 of the emergency tenant protection act
of nineteen seventy-four made by section 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;
  (c)  the  rent  boards  as reconstituted pursuant to this act shall be
appointed and confirmed within forty-five days after the effective  date
of this act; and
  (d) upon the appointment of a rent board pursuant to the provisions of
this  act,  any  existing  predecessor rent board shall be dissolved and
such predecessor rent board shall have no further authority.

co-Sponsors

2011-S741A - Details

See Assembly Version of this Bill:: A6394
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-510, NYC Ad Cd; amd §4, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1731, A8240
2013-2014: S208, A104
2015-2016: S196, A5584
2017-2018: S1796, S7034, A1014
2019-2020: S5141
2021-2022: S2856

2011-S741A - Summary

Relates to the appointment and qualifications of members of rent boards.

2011-S741A - Sponsor Memo

                                BILL NUMBER:S741A                REVISED 02/02/12

TITLE OF BILL:
An act to amend the administrative code of the city of New York and the
emergency tenant protection act of nineteen seventy-four, in relation to
the establishment of rent boards

PURPOSE:
The purpose of this bill to make more democratic the appointment of
members of rent guidelines boards and to enhance the qualifications of
the public members.

SUMMARY OF PROVISIONS:
Section 1: Amends the New York City Rent Stabilization Law. It gives the
New York City Council an advice and consent role in the mayoral appoint-
ment of New York City Rent Guidelines Board members. It removes a
provision that the chair of the board serves at the pleasure of the
Mayor. It provides for the removal of members for cause by the City
Council and for the replacement of such members. It adds experience in
public service, philanthropy, social services. urban planning, architec-
ture, social sciences and with non-profit corporations to the list of
qualifications for appointment as public members.

Section 2: Amends the Emergency Tenant Protection Act of 1974. It gives
the county executives of the counties of Nassau, Westchester and Rock-
land the power to appoint members of the county rent guidelines boards

with the advice and consent of the respective county legislatures. It
provides for the removal of members for cause by the county legislature
and for the replacement of such members. It adds experience in public
service, philanthropy, social services, urban planning, architecture,
social sciences and with non-profit corporations to the list of quali-
fications for appointment as public members.

Section 3: Effective date.

JUSTIFICATION:
Requiring City Council confirmation of the Mayor's appointees to the New
York City Rent Guidelines Board provides for a system of checks and
balances that is an essential component of our democracy. Legislative
continuation enhances home rule in the vital area of rent regulation. It
also acknowledges the important role of the public officials serving on
the New York City Rent Guidelines Board.

Removing the state Division of Housing and Community Renewal (DHCR) from
its current role in choosing members of the rent guidelines boards in
Nassau, Westchester and Rockland counties also serves to make the
appointment process more democratic.  The elected county executives
should appoint the board members with the advice and consent of their
county legislatures. The DHCR, as enforcement agency under the Emergency
Tenant Protection Act, should not have a role in the selection of the

officials who decide upon the rent guidelines that the agency must
enforce.

By broadening the types of qualifications that are required for public
members of the guidelines boards, the bill gives the appointing offi-
cials greater latitude to choose persons of experience in a variety of
disciplines, rather than only in finance, economics and housing. This
will enable the public members to reflect a broader perspective on the
rent setting process than was previously available and will enhance the
deliberations of the boards.

LEGISLATIVE HISTORY:
2011: A.6394 - (Kavanagh) - Housing
2010: A.8240 - (Kavanagh) - Housing
2009: A.8240 - (Kavanagh) - Housing

FISCAL IMPACT ON THE STATE:
None.

EFFECTIVE DATE:
This act shall take effect immediately; provided
that: (a) the amendments to section 26-510 of the rent stabilization
law of nineteen hundred sixty-nine made by section one 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 26-520 of such
law; (b) the amendments to section 4 of the emergency tenant
protection act of nineteen seventy-four made by section 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; (c) the rent boards as reconstituted
pursuant to this act shall be appointed and confirmed within
forty-five days after the effective date of this act; and (d) upon
the appointment of a rent board pursuant to the provisions of this
act, any existing predecessor rent board shall be dissolved and such
predecessor rent board shall have no further authority.

2011-S741A - Bill Text download pdf

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

                                 741--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  SQUADRON, AVELLA, DIAZ, KRUEGER -- 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  commit-
  tee

AN  ACT to amend the administrative code of the city of New York and the
  emergency tenant protection act of nineteen seventy-four, in  relation
  to the establishment of rent boards

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision a of section 26-510 of the administrative  code
of the city of New York is amended to read as follows:
  a.  There shall be a rent guidelines board to consist of nine members,
appointed by the mayor UPON THE ADVICE AND CONSENT OF THE CITY  COUNCIL.
Two  members  shall be representative of tenants, two shall be represen-
tative of owners of property, and five shall be public members [each  of
whom].  EACH  OF  THE  PUBLIC MEMBERS shall have had at least five years
experience in [either] PUBLIC SERVICE,  PHILANTHROPY,  SOCIAL  SERVICES,
URBAN PLANNING, ARCHITECTURE, SOCIAL SCIENCES, SERVICE WITH NOT-FOR-PRO-
FIT CORPORATIONS, finance, economics or housing. One public member shall
be designated by the mayor UPON THE ADVICE AND CONSENT OF THE CITY COUN-
CIL  to serve as [chairman] CHAIR and shall hold no other public office.
No member, officer or employee of any municipal rent  regulation  agency
or the state division of housing and community renewal and no person who
owns  or  manages  real  estate covered by this law or who [is] RECEIVES
COMPENSATION AS an officer of any owner  or  tenant  organization  shall
serve  on  a rent guidelines board. One public member, one member repre-
sentative of tenants and one member representative of owners shall serve

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

                                                           LBD01809-03-2

S. 741--A                           2

for a term ending two years from January first next succeeding the  date
of  their  appointment;  one public member, one member representative of
tenants and one member representative of owners shall  serve  for  terms
ending  three  years  from the January first next succeeding the date of
their appointment and two public members shall serve  for  terms  ending
four  years  from  January  first  next  succeeding  the  dates of their
appointment. [The chairman shall serve at the pleasure  of  the  mayor.]
Thereafter,  all members shall continue in office until their successors
have been appointed and qualified. The mayor UPON THE ADVICE AND CONSENT
OF THE CITY COUNCIL shall fill any vacancy which may occur by reason  of
death,  resignation  or  otherwise  in  a  manner  consistent  with  the
[original appointment] PROVISIONS OF THIS SUBDIVISION. A member  may  be
removed by the [mayor] CITY COUNCIL for cause, but not without an oppor-
tunity  to be heard in person or by counsel, in his or her defense, upon
not less than ten days notice. A  SUCCESSOR  TO  SUCH  MEMBER  SHALL  BE
APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION TO SERVE
THE BALANCE OF THE TERM OF THE MEMBER WHO WAS REMOVED.
  S  2.  Subdivision  a  of section 4 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 chapter 349 of the laws of 1979, is
amended to read as follows:
  a. In each county wherein any city having a population  of  less  than
one  million  or  any town or village has determined the existence of an
emergency pursuant to section three of this act, there shall be  created
a  rent  guidelines  board  to  consist of nine members appointed by the
[commissioner of housing and community renewal]  COUNTY  EXECUTIVE  upon
[recommendation]  THE ADVICE AND CONSENT of the county legislature which
[recommendation] APPOINTMENT shall be made within thirty days after  the
first local declaration of an emergency in such county; two such members
shall  be  representative  of  tenants,  two  shall be representative of
owners of property, and five shall be public  members  [each  of  whom].
EACH OF THE PUBLIC MEMBERS shall have had at least five years experience
in  [either]  PUBLIC SERVICE, PHILANTHROPY, SOCIAL SERVICES, URBAN PLAN-
NING, ARCHITECTURE, SOCIAL SCIENCES, SERVICE WITH NOT-FOR-PROFIT  CORPO-
RATIONS,  finance,  economics  or  housing.  One  public member shall be
designated by the [commissioner] COUNTY EXECUTIVE UPON  THE  ADVICE  AND
CONSENT OF THE COUNTY LEGISLATURE to serve as [chairman] CHAIR and shall
hold  no  other  public  office.  No  member, officer or employee of any
municipal rent regulation agency or the state division  of  housing  and
community  renewal and no person who owns or manages real estate covered
by this law or who is an officer of any  owner  or  tenant  organization
shall  serve  on  a rent guidelines board. One public member, one member
representative of tenants and one member representative of owners  shall
serve for a term ending two years from January first next succeeding the
date  of their appointment; one public member, one member representative
of tenants and one member representative of owners shall serve for terms
ending three years from the January first next succeeding  the  date  of
their  appointment and three public members shall serve for terms ending
four years from  January  first  next  succeeding  the  dates  of  their
appointment.    Thereafter,  all  members  shall serve for terms of four
years each.  Members shall continue in  office  until  their  successors
have  been  appointed and qualified. The [commissioner] COUNTY EXECUTIVE
UPON THE ADVICE AND CONSENT OF THE COUNTY  LEGISLATURE  shall  fill  any
vacancy  which may occur by reason of death, resignation or otherwise in
a manner consistent with the [original appointment] PROVISIONS  OF  THIS
SUBDIVISION. A member may be removed by the [commissioner] COUNTY LEGIS-

S. 741--A                           3

LATURE  for  cause, but not without an opportunity to be heard in person
or by counsel, in his defense, upon not less than  ten  days  notice.  A
SUCCESSOR  TO  SUCH  MEMBER  SHALL  BE  APPOINTED IN ACCORDANCE WITH THE
PROVISIONS  OF  THIS SUBDIVISION TO SERVE THE BALANCE OF THE TERM OF THE
MEMBER WHO WAS REMOVED. Compensation for the members of the board  shall
be  at  the rate of one hundred dollars per day, for no more than twenty
days a year, except that the [chairman] CHAIR shall  be  compensated  at
the rate of one hundred twenty-five dollars a day for no more than thir-
ty  days  a  year.  The  board shall be provided staff assistance by the
division of housing and community  renewal.  The  compensation  of  such
members  and the costs of staff assistance shall be paid by the division
of housing and community renewal which shall be reimbursed in the manner
prescribed in THIS section [four of this  act].  The  local  legislative
body  of each city having a population of less than one million and each
town and village in which an emergency has been determined to  exist  as
herein provided shall be authorized to designate one person who shall be
representative  of tenants and one person who shall be representative of
owners of property to serve at its pleasure and without compensation  to
advise  and assist the county rent guidelines board in matters affecting
the adjustment of rents for housing accommodations in such city, town or
village as the case may be.
  S 3. This act shall take effect immediately; provided that:
  (a) the amendments to section 26-510 of the rent stabilization law  of
nineteen hundred sixty-nine made by section one 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;
  (b) the amendments to section 4 of the emergency tenant protection act
of nineteen seventy-four made by section 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;
  (c)  the  rent  boards  as reconstituted pursuant to this act shall be
appointed and confirmed within forty-five days after the effective  date
of this act; and
  (d) upon the appointment of a rent board pursuant to the provisions of
this  act,  any  existing  predecessor rent board shall be dissolved and
such predecessor rent board shall have no further authority.

co-Sponsors

2011-S741B (ACTIVE) - Details

See Assembly Version of this Bill:: A6394
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-510, NYC Ad Cd; amd §4, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1731, A8240
2013-2014: S208, A104
2015-2016: S196, A5584
2017-2018: S1796, S7034, A1014
2019-2020: S5141
2021-2022: S2856

2011-S741B (ACTIVE) - Summary

Relates to the appointment and qualifications of members of rent boards.

2011-S741B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S741B

TITLE OF BILL:
An act to amend the administrative code of the city of New York and the
emergency tenant protection act of nineteen seventy-four, in relation to
the establishment of rent boards

PURPOSE:
The purpose of this bill to make more democratic the appointment of
members of rent guidelines boards and to enhance the qualifications of
the public members.

SUMMARY OF PROVISIONS:
Section 1: Amends the New York City Rent Stabilization Law. It gives the
New York City Council an advice and consent role in the mayoral appoint-
ment of New York City Rent Guidelines Board members. It removes a
provision that the chair of the board serves at the pleasure of the
Mayor. It provides for the removal of members for cause by the City
Council and for the replacement of such members. It adds experience in
public service, philanthropy, social services.  urban planning, archi-
tecture, social sciences and with non-profit corporations to the list of
qualifications for appointment as public members.

Section 2: Amends the Emergency Tenant Protection Act of 1974. It gives
the county executives of the counties of Nassau, Westchester and Rock-
land the power to appoint members of the county rent guidelines boards

with the advice and consent of the respective county legislatures. It
provides for the removal of members for cause by the county legislature
and for the replacement of such members. It adds experience in public
service, philanthropy, social services, urban planning, architecture,
social sciences and with non-profit corporations to the list of quali-
fications for appointment as public members.

Section 3: Effective date.

JUSTIFICATION:
Requiring City Council confirmation of the Mayor's appointees to the New
York City Rent Guidelines Board provides for a system of checks and
balances that is an essential component of our democracy.  Legislative
continuation enhances home rule in the vital area of rent regulation. It
also acknowledges the important role of the public officials serving on
the New York City Rent Guidelines Board.

Removing the state Division of Housing and Community Renewal (DHCR) from
its current role in choosing members of the rent guidelines boards in
Nassau, Westchester and Rockland counties also serves to make the
appointment process more democratic.  The elected county executives
should appoint the board members with the advice and consent of their
county legislatures. The DHCR, as enforcement agency under the Emergency
Tenant Protection Act, should not have a role in the selection of the

officials who decide upon the rent guidelines that the agency must
enforce.

By broadening the types of qualifications that are required for public
members of the guidelines boards, the bill gives the appointing offi-
cials greater latitude to choose persons of experience in a variety of
disciplines, rather than only in finance, economics and housing. This
will enable the public members to reflect a broader perspective on the
rent setting process than was previously available and will enhance the
deliberations of the boards.

LEGISLATIVE HISTORY:
2011: A.6394 (Kavanagh) Housing
2010: A.8240 (Kavanagh) Housing
2009: A.8240 (Kavanagh) Housing

FISCAL IMPACT ON THE STATE:
None.

EFFECTIVE DATE:
This act shall take effect immediately; provided that: (a) the
amendments to section 26-510 of the rent stabilization law of
nineteen hundred sixty-nine made by section one 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 26-520 of such law; (b) the
amendments to section 4 of the emergency tenant protection act of
nineteen seventy-four made by section 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; (c) the rent boards as reconstituted pursuant to this act shall
be appointed and confirmed within forty-five days after the effective
date of this act; and (d) upon the appointment of a rent board
pursuant to the provisions of this act, any existing predecessor rent
board shall be dissolved and such predecessor rent board shall have
no further authority.

2011-S741B (ACTIVE) - Bill Text download pdf

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

                                 741--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  SQUADRON, AVELLA, DIAZ, KRUEGER -- 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  commit-
  tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted to said committee

AN ACT to amend the administrative code of the city of New York and  the
  emergency  tenant protection act of nineteen seventy-four, in relation
  to the establishment of rent boards

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision a of section 26-510 of the administrative code
of the city of New York is amended to read as follows:
  a. There shall be a rent guidelines board to consist of nine  members,
appointed  by the mayor UPON THE ADVICE AND CONSENT OF THE CITY COUNCIL.
Two members shall be representative of tenants, two shall  be  represen-
tative  of owners of property, and five shall be public members [each of
whom]. EACH OF THE PUBLIC MEMBERS shall have had  at  least  five  years
experience  in [either] PUBLIC SERVICE, SOCIAL SERVICES, URBAN PLANNING,
SOCIAL SCIENCES, finance, economics or housing. One public member  shall
be designated by the mayor UPON THE ADVICE AND CONSENT OF THE CITY COUN-
CIL  to serve as [chairman] CHAIR and shall hold no other public office.
No member, officer or employee of any municipal rent  regulation  agency
or the state division of housing and community renewal and no person who
owns  or  manages  real  estate covered by this law or who [is] RECEIVES
COMPENSATION AS an officer of any owner  or  tenant  organization  shall
serve  on  a rent guidelines board. One public member, one member repre-
sentative of tenants and one member representative of owners shall serve

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

                                                           LBD01809-05-2

S. 741--B                           2

for a term ending two years from January first next succeeding the  date
of  their  appointment;  one public member, one member representative of
tenants and one member representative of owners shall  serve  for  terms
ending  three  years  from the January first next succeeding the date of
their appointment and two public members shall serve  for  terms  ending
four  years  from  January  first  next  succeeding  the  dates of their
appointment. [The chairman shall serve at the pleasure  of  the  mayor.]
Thereafter,  all members shall continue in office until their successors
have been appointed and qualified. The mayor UPON THE ADVICE AND CONSENT
OF THE CITY COUNCIL shall fill any vacancy which may occur by reason  of
death,  resignation  or  otherwise  in  a  manner  consistent  with  the
[original appointment] PROVISIONS OF THIS SUBDIVISION. A member  may  be
removed  by  the  mayor  OR  CITY  COUNCIL for cause, but not without an
opportunity to be heard in person or by counsel, in his or her  defense,
upon  not less than ten days notice. A SUCCESSOR TO SUCH MEMBER SHALL BE
APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION TO SERVE
THE BALANCE OF THE TERM OF THE MEMBER WHO WAS REMOVED.
  S 2. Subdivision a of section 4 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 chapter 349 of the  laws  of  1979,  is
amended to read as follows:
  a.  In  each  county wherein any city having a population of less than
one million or any town or village has determined the  existence  of  an
emergency  pursuant to section three of this act, there shall be created
a rent guidelines board to consist of  nine  members  appointed  by  the
commissioner of housing and community renewal upon recommendation of the
county legislature which recommendation shall be made within thirty days
after  the  first  local declaration of an emergency in such county; two
such members shall be representative of tenants, two shall be  represen-
tative  of owners of property, and five shall be public members [each of
whom]. EACH OF THE PUBLIC MEMBERS shall have had  at  least  five  years
experience  in [either] PUBLIC SERVICE, SOCIAL SERVICES, URBAN PLANNING,
SOCIAL SCIENCES, finance, economics or housing. One public member  shall
be designated by the commissioner to serve as [chairman] CHAIR and shall
hold  no  other  public  office.  No  member, officer or employee of any
municipal rent regulation agency or the state division  of  housing  and
community  renewal and no person who owns or manages real estate covered
by this law or who is an officer of any  owner  or  tenant  organization
shall  serve  on  a rent guidelines board. One public member, one member
representative of tenants and one member representative of owners  shall
serve for a term ending two years from January first next succeeding the
date  of their appointment; one public member, one member representative
of tenants and one member representative of owners shall serve for terms
ending three years from the January first next succeeding  the  date  of
their  appointment and three public members shall serve for terms ending
four years from  January  first  next  succeeding  the  dates  of  their
appointment.    Thereafter,  all  members  shall serve for terms of four
years each.  Members shall continue in  office  until  their  successors
have  been  appointed  and  qualified.  The  commissioner shall fill any
vacancy which may occur by reason of death, resignation or otherwise  in
a  manner  consistent with the [original appointment] PROVISIONS OF THIS
SUBDIVISION. A member may be removed by the commissioner for cause,  but
not  without  an opportunity to be heard in person or by counsel, in his
defense, upon not less than ten days notice. A SUCCESSOR TO SUCH  MEMBER
SHALL BE APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION
TO  SERVE THE BALANCE OF THE TERM OF THE MEMBER WHO WAS REMOVED. Compen-

S. 741--B                           3

sation for the members of the board shall be at the rate of one  hundred
dollars  per  day,  for no more than twenty days a year, except that the
[chairman] CHAIR shall be compensated at the rate of one  hundred  twen-
ty-five  dollars  a  day  for no more than thirty days a year. The board
shall be provided staff assistance by the division of housing and commu-
nity renewal. The compensation of such members and the  costs  of  staff
assistance  shall  be  paid  by  the  division  of housing and community
renewal which shall be reimbursed in the manner  prescribed  in  section
four of this act. The local legislative body of each city having a popu-
lation  of  less  than one million and each town and village in which an
emergency has been determined to  exist  as  herein  provided  shall  be
authorized  to  designate  one  person  who  shall  be representative of
tenants and one person who shall be representative of owners of property
to serve at its pleasure and without compensation to advise  and  assist
the  county rent guidelines board in matters affecting the adjustment of
rents for housing accommodations in such city, town or  village  as  the
case may be.
  S 3. This act shall take effect immediately; provided that:
  (a)  the amendments to section 26-510 of the rent stabilization law of
nineteen hundred sixty-nine made by section one 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;
  (b) the amendments to section 4 of the emergency tenant protection act
of nineteen seventy-four made by section 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;
  (c) the rent boards as reconstituted pursuant to  this  act  shall  be
appointed  and confirmed within forty-five days after the effective date
of this act; and
  (d) upon the appointment of a rent board pursuant to the provisions of
this act, any existing predecessor rent board  shall  be  dissolved  and
such predecessor rent board shall have no further authority.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S741

Sponsored By

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

Actions

Bill Amendments

co-Sponsors

2011-S741 - Details

2011-S741 - Summary

2011-S741 - Sponsor Memo

2011-S741 - Bill Text download pdf

co-Sponsors

2011-S741A - Details

2011-S741A - Summary

2011-S741A - Sponsor Memo

2011-S741A - Bill Text download pdf

co-Sponsors

2011-S741B (ACTIVE) - Details

2011-S741B (ACTIVE) - Summary

2011-S741B (ACTIVE) - Sponsor Memo

2011-S741B (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2011-S741

Senate Bill S741

Share this bill

Sponsored By

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

Actions

Bill Amendments

co-Sponsors

2011-S741 - Details

2011-S741 - Summary

2011-S741 - Sponsor Memo

2011-S741 - Bill Text download pdf

co-Sponsors

2011-S741A - Details

2011-S741A - Summary

2011-S741A - Sponsor Memo

2011-S741A - Bill Text download pdf

co-Sponsors

2011-S741B (ACTIVE) - Details

2011-S741B (ACTIVE) - Summary

2011-S741B (ACTIVE) - Sponsor Memo

2011-S741B (ACTIVE) - Bill Text download pdf

Comments