NY State Senate Bill 2011-S6473

Senate Bill S6473

2011-2012 Legislative Session

Provides for high income decontrol of housing accommodations based upon the average annual income of the tenants for the previous 2 years

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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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 21, 2012	committed to rules
May 02, 2012	advanced to third reading
May 01, 2012	2nd report cal.
Apr 30, 2012	1st report cal.605
Feb 13, 2012	referred to housing, construction and community development

Votes

- Apr 30, 2012 - Housing, Construction And Community Development Committee Vote
  S6473
  
  6
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: Apr 30, 2012
      
      aye (6)
      
      Bonacic
      
      Diaz
      
      Gallivan
      
      Grisanti
      
      Ritchie
      
      Young
      
      nay (2)
      
      Espaillat
      
      Krueger

2011-S6473 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Emergency Housing Rent Control Law
Laws Affected:: Amd §§2 & 2-a, Emerg Hous Rent Cont L; amd §§5 & 5-a, Emerg Ten Prot Act of 1974; amd §§26-403, 26-403.1, 26-504.1 & 26-504.3, NYC Ad Cd
Versions Introduced in 2013-2014 Legislative Session:: S4073

2011-S6473 (ACTIVE) - Summary

Provides for high income decontrol of rent regulated housing accommodations based upon the average annual income of the tenants for the previous two years.

2011-S6473 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6473

TITLE OF BILL:  An act to amend the emergency housing rent control
law, the emergency tenant protection act of nineteen seventy-four and
the administrative code of the city of New York, in relation to high
income decontrol of rent regulated housing accommodations

PURPOSE:  This bill would provide for a two year averaging of a
tenant's annual income in determining whether the tenant is eligible
for a rent regulated apartment.

SUMMARY OF PROVISIONS:  Changes made to rent regulation last year
increased the amount of annual income which a tenant may earn in order
to qualify for a rent regulated apartment. Currently, the law requires
that a tenant have a federal adjusted gross income of $200,000 for
each of the prior two years. This bill would require that the
determination be based upon adjusted gross income for the prior two
years, not $200,000 for each of the prior two years.

JUSTIFICATION:  In 1993, the State Legislature enacted two forms of
rent deregulation.  That law, as amended by subsequent legislation in
1997 and 2011, provides that (1) for in-place tenants, an apartment
can be deregulated where the legal regulated rent for the apartment
exceeds $2,500 per month and the income for the tenant exceeds
$200,000 and (2) for apartments after vacancy, an apartment can be
deregulated where the legal regulated rent for the apartment exceeds

$2,500 per month. This legislation addresses only the first form of
deregulation, known as high-income/high rent deregulation; the second
form, the so-called high rent/vacancy deregulation, is the much more
commonly used deregulation mechanism and is unaffected by this
legislation.

One of the fundamental failings of rent regulation is that there is no
correlation between a tenant's rent regulated status and their
financial status. The rent regulatory system is, for all practical
purposes, a lottery, premised not upon need but upon the mere
fortuitousness of being in the right place at the right time. Nowhere
is this failing truer than in the context of high-income/high-rent
deregulation.

The high-rent/high-income deregulation process occurs when the legal
regulated rent of an in-place tenant exceeds $2,500. Briefly stated,
when a tenant's rent pierces that threshold, a property owner can
commence a process whereby the State Department of Taxation and
Finance examines its records to determine whether the tenant's income
exceeds $200,000 for each of the prior two years. If the income
exceeds that threshold, the tenant's apartment becomes deregulated. If
their income does not exceed the threshold, the apartment remains
regulated, at least until the process is used again in the future.

Some high wage earners have been able to take advantage of rent
regulation by averting income on their tax return in one year and
purposely accumulating more income which is well above the high income
limit in the succeeding year, or vice versa. This bill will stem this
practice. It will ensure that high-income tenants do not circumvent
the intent of the deregulation provisions of the rent laws by
providing a more realistic snapshot of income over a 2 year period.


LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect immediately, with
provisions.

2011-S6473 (ACTIVE) - Bill Text download pdf

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

                                  6473

                            I N  S E N A T E

                            February 13, 2012
                               ___________

Introduced  by  Sen.  YOUNG  -- 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 emergency
  tenant protection act of nineteen seventy-four and the  administrative
  code  of the city of New York, in relation to high income decontrol of
  rent regulated housing accommodations

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

  Section 1. Subparagraph 1 of 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 section 31 of part B of chapter 97 of
the laws of 2011, is amended to read as follows:
  (1) are occupied by persons who have a total AVERAGE annual income, as
defined in and subject to the  limitations  and  process  set  forth  in
section  two-a of this law, in excess of the deregulation income thresh-
old as defined in section two-a of this law [in each  of]  FOR  the  two
preceding calendar years;
  S  2.  Subdivision  (b)  and  paragraphs 1 and 2 of subdivision (c) of
section 2-a of chapter 274 of the laws of 1946, constituting  the  emer-
gency  housing  rent  control law, as amended by section 32 of part B of
chapter 97 of the laws of 2011, are amended to read as follows:
  (b) On or before the first day of May in each calendar year, the owner
of each housing accommodation for which the maximum monthly rent  equals
or  exceeds  the  deregulation  rent threshold 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 annual income is in
excess of the deregulation income threshold in each of 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  pursuant  to  section  one
hundred seventy-one-b of the tax law and shall not require disclosure of

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

                                                           LBD14417-01-2

S. 6473                             2

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  monthly  rent  equal  to  or in excess of the deregulation rent
threshold are required to complete the  certification  form;  (ii)  that
tenants have protections available to them which are designed to prevent
harassment;  (iii) that tenants are not required to provide any informa-
tion 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 the deregulation income threshold [in each of] FOR the two  preceding
calendar  years,  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
deregulation 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.
  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 certification
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
the deregulation income threshold [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 the deregulation
income threshold [in each of] 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 of deregulation 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 the deregulation income threshold
[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 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.

S. 6473                             3

  S 3. Paragraph 12 of subdivision a of section 5 of section 4 of  chap-
ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
protection act of nineteen seventy-four, as amended  by  section  29  of
part B of chapter 97 of the laws of 2011, is amended to read as follows:
  (12) upon issuance of an order by the division, housing accommodations
which  are:  (1)  occupied  by  persons  who have a total AVERAGE annual
income as defined in and subject to  the  limitations  and  process  set
forth in section five-a of this act in excess of the deregulation income
threshold,  as  defined  in section five-a of this act, [in each of] FOR
the two preceding calendar years; and (2) have a  legal  regulated  rent
that  equals  or  exceeds the deregulation rent threshold, as defined in
section five-a of this act.  Provided however, that this exclusion shall
not apply to housing accommodations which became or  become  subject  to
this  act  (a)  by  virtue of receiving tax benefits pursuant to section
four hundred twenty-one-a or four hundred eighty-nine of the real  prop-
erty  tax law, except as otherwise provided in subparagraph (i) of para-
graph (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 multi-
ple dwelling law.
  S 4. Subdivisions (b) and (c) of sect6ion 5-a of section 4 of  chapter
576  of  the  laws of 1974, constituting the emergency tenant protection
act of nineteen seventy-four, as amended by section  30  of  part  B  of
chapter 97 of the laws of 2011, are amended to read as follows:
  (b) On or before the first day of May in each calendar year, the owner
of each housing accommodation for which the legal regulated monthly rent
equals or exceeds the deregulation rent threshold 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 the deregulation income threshold [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  pursuant  to
section  one hundred seventy-one-b of the tax law, and shall not require
disclosure of any information  other  than  whether  the  aforementioned
threshold has been exceeded. Such income certification form shall clear-
ly state that: (i) only tenants residing in housing accommodations which
had  a  legal  regulated monthly rent that equals or exceeds the deregu-
lation rent threshold are required to complete the  certification  form;
(ii)  that tenants have protections available to them which are designed
to prevent harassment; (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  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 the deregulation income threshold [in each of]  FOR  the
two  preceding calendar years, 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 divi-
sion, the division shall, within thirty days after the filing, issue  an
order  providing 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

S. 6473                             4

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
the deregulation income threshold [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 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  the  deregulation  income  threshold  [in  each of] 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
AVERAGE annual income is in excess of the deregulation income  threshold
[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.
  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 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 5. Clause 1 of 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 section 33 of part B of chapter 97 of the laws  of  2011,  is
amended to read as follows:
  (1) are occupied by persons who have a total AVERAGE annual income, as
defined  in  and  subject  to  the  limitations and process set forth in
section 26-403.1 of this chapter, in excess of the  deregulation  income
threshold,  as defined in section 26-403.1 of this chapter, [in each of]
FOR the two preceding calendar years; and

S. 6473                             5

  S 6. Subdivision (b) and paragraphs 1 and  2  of  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,  are
amended to read as follows:
  (b) On or before the first day of May in each calendar year, the owner
of  each  housing  accommodation  for  which  the maximum rent equals or
exceeds the deregulation  rent  threshold  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 the deregulation income threshold [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 pursuant to
section one hundred seventy-one-b of the tax law and shall  not  require
disclosure  of  any  income 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  have  a  maximum  monthly rent that equals or exceeds the deregu-
lation rent threshold are required to complete the  certification  form;
(ii)  that tenants have protections available to them which are designed
to prevent harassment; (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  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 the deregulation income threshold [in each of]  FOR  the
two  preceding calendar years, 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 divi-
sion, the division shall, within thirty days after the filing, issue  an
order  of  deregulation 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.
  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 certification
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
the deregulation income threshold [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 the deregulation
income threshold [in each of] 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

S. 6473                             6

failure to respond will result in an order of deregulation 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 the deregulation income threshold
[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 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.
  S 7. Section 26-504.1 of the administrative code of the  city  of  New
York,  as  amended  by section 35 of part B of chapter 97 of the laws of
2011, 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, as defined in and subject to the
limitations and process set forth in section 26-504.3 of  this  chapter,
in  excess  of  the deregulation income threshold, as defined in section
26-504.3 of this chapter, for  [each  of]  the  two  preceding  calendar
years;  and  (2)  have  a  legal  regulated  monthly rent that equals or
exceeds the deregulation rent threshold, as defined in section  26-504.3
of  this chapter. Provided, however, that this exclusion shall not apply
to housing accommodations 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 otherwise provided in subparagraph (i)  of  paragraph  (f)  of
subdivision two of section four hundred twenty-one-a of the real proper-
ty tax law, or (b) by virtue of article seven-C of the multiple dwelling
law.
  S  8.  Subdivision  (b)  and  paragraphs 1 and 2 of 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, are
amended to read as follows:
  (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  equals
or  exceeds  the  deregulation  rent threshold 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 the deregulation income threshold [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  pursuant  to
section  one  hundred seventy-one-b of the tax law and shall not require
disclosure of any income 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 have a legal regulated monthly rent, that equals  or  exceeds  the

S. 6473                             7

deregulation  rent  threshold are required to complete the certification
form; (ii) that tenants have protections available  to  them  which  are
designed  to  prevent harassment; (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  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 the deregulation income threshold [in each of]
FOR  the  two  preceding  calendar years, the owner may file the certif-
ication 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  providing that such housing accommodation shall not be
subject to the provisions of this act upon the expiration of the  exist-
ing  lease.   A copy of such order shall be mailed by regular and certi-
fied mail, return receipt requested, to the tenant or tenants and a copy
thereof shall be mailed to the owner.
  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  certification
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
the  deregulation  income  threshold  [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 the deregulation income threshold  [in  each  of]  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-
dation 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 the deregulation income  threshold
[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.
  S  9. This act shall take effect immediately and shall apply to income
certification forms served on and after January 1, 2013; provided that:
  (a) the amendments to the emergency housing rent control law  made  by
sections  one  and two of this act shall expire on the same date as such

S. 6473                             8

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;
  (b)  the amendments to the emergency tenant protection act of nineteen
seventy-four made by sections three and four of this act shall expire on
the same date as such act expires and shall not affect the expiration of
such act as provided in section 17 of chapter 576 of the laws of 1974;
  (c) the amendments to the city rent and  rehabilitation  law  made  by
sections  five and six 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; and
  (d) the amendments to chapter 4 of title 26 of the administrative code
of  the  city  of  New York made by sections seven and eight 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.

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