senate Bill S2045

2013-2014 Legislative Session

Eliminates prohibition on owners and managers of rent regulated property, and officers of owners and tenant organizations from being members of a rent guidelines boa

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to housing, construction and community development
Jan 09, 2013 referred to housing, construction and community development

S2045 - Bill Details

See Assembly Version of this Bill:
A1309
Current Committee:
Law Section:
Emergency Tenant Protection Act of 1974
Laws Affected:
Amd ยง4, Emerg Ten Prot Act of 1974
Versions Introduced in 2011-2012 Legislative Session:
S7284, A10688

S2045 - Bill Texts

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Eliminates the prohibition on owners and managers of rent regulated property, and officers of owners and tenant organizations from being members of a rent guidelines board.

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BILL NUMBER:S2045

TITLE OF BILL: An act to amend the emergency tenant protection act of
nineteen seventy-four, in relation to eliminating the prohibition on
owners and managers of rent regulated property, and officers of tenant
and owners organizations from being members of a rent guidelines board

PURPOSE: To expand the pool of qualified and knowledgeable applicants
eligible to serve on the rent guidelines boards in Nassau, Westchester,
and Rockland counties.

SUMMARY OF PROVISIONS:

Section 1. The bill amends subdivision a of section 4 of section 4 of
chapter 576 of the laws of 1974, the emergency tenant protection act to
Eliminate the prohibition on owners and managers of rent regulated prop-
erty and officers of tenant organizations from serving on a rent guide-
lines board in Nassau, Westchester and Rockland Counties.

Section 2. Effective date.

JUSTIFICATION: The Emergency Tenant Protection Act of 1974 (ETPA)
provides for the establishment of a rent guidelines board to enforce the
provisions of rent stabilization in various municipalities in Westches-
ter, Nassau, and Rockland counties where a rental emergency has been
declared. This law also provides fox the size and makeup of the board
membership, the selection process, the length of service, cause for
removal, compensation and duties all of which remain unchanged under the
provision of this bill. The proposed change would eliminate the
restriction in existing law which prohibits any person who owns or
manages real estate covered by this law, or who is an officer of any
owner or tenant organization from serving on a rent guidelines board in
these counties. This bill would allow industry representatives as well
as tenant advocates to serve on a suburban rent guidelines board. At
present, while tenants can serve, members of their organizations cannot
and neither landlords nor members of their organizations can serve. As
presently written the law eliminates a significant pool of qualified
people from serving on these boards and lending their expertise to the
board.

LEGISLATIVE HISTORY: 2012: S.7284/A.106B8Referred to Housing,
Construction and Community Development

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  2045

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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 tenant protection act of nineteen seven-
  ty-four, in relation to eliminating  the  prohibition  on  owners  and
  managers of rent regulated property, and officers of tenant and owners
  organizations from being members of a rent guidelines board

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

  Section 1. Subdivision a of section 4 of section 4 of chapter  576  of
the  laws  of  1974, constituting the emergency tenant protection act of
nineteen seventy-four, as amended by chapter 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  shall  have  had at least five years experience in either finance,
economics or housing. One public  member  shall  be  designated  by  the
commissioner to serve as chairman 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00464-01-3

S. 2045                             2

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 Janu-
ary 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 quali-
fied. The commissioner shall fill any vacancy which may occur by  reason
of  death,  resignation  or  otherwise  in  a manner consistent with the
original appointment. A member may be removed by  the  commissioner  for
cause,  but not without an opportunity to be heard in person or by coun-
sel, in his defense, upon not less than ten  days  notice.  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
shall be compensated at the rate of one hundred  twenty-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 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  accommo-
dations in such city, town or village as the case may be.
  S  2. This act shall take effect immediately; provided that the amend-
ments to subdivision a of section 4 of the emergency  tenant  protection
act  of  nineteen  seventy-four  made  by  section one of this act shall
expire on the same date as such act expires and  shall  not  affect  the
expiration  of  such act as provided in section 17 of chapter 576 of the
laws of 1974.

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