senate Bill S3166

2013-2014 Legislative Session

Requires hearing by the DHCR prior to order of decontrol for failure to respond to income certification material relating to high income rent decontrol

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to housing, construction and community development
Jan 31, 2013 referred to housing, construction and community development

Co-Sponsors

S3166 - Details

See Assembly Version of this Bill:
A84
Law Section:
Emergency Housing Rent Control Law
Laws Affected:
Amd §2-a, Emerg Hous Rent Cont L; amd §§26-403.1 & 26-504.3, NYC Ad Cd; amd §5-a, Emerg Ten Prot Act of 1974
Versions Introduced in Previous Legislative Sessions:
2011-2012: S449A, A6131A
2009-2010: S3859, A622

S3166 - Summary

Requires hearing by the division of housing and community renewal prior to order of decontrol for a tenant's failure to respond to income certification material relating to high income rent decontrol; provides that failure to appear at the hearing will result in an order of decontrol; excludes certain tenants from inclusion for annual income determination.

S3166 - Sponsor Memo

S3166 - Bill Text download pdf

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

                                  3166

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sen. 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 emergency housing rent control law, the administra-
  tive code of the city of New York, and the emergency tenant protection
  act of nineteen seventy-four, in relation to providing for  a  hearing
  before the division of housing and community renewal prior to issuance
  of  an  order  of  decontrol  for failure to respond to income certif-
  ication material; and in relation to excluding  certain  tenants  from
  inclusion for annual income determination

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

  Section 1. Paragraph 1 of subdivision (a) of section  2-a  of  chapter
274 of the laws of 1946, constituting the emergency housing rent control
law,  as  amended  by  section 32 of part B of chapter 97 of the laws of
2011, is amended to read as follows:
  1. For purposes of this section, annual income shall mean the  federal
adjusted  gross  income  as  reported  on  the New York state income tax
return. Total annual income means the sum of the annual incomes  of  all
persons  who occupy the housing accommodation as their primary residence
on other than a temporary basis, excluding bona fide employees  of  such
occupants residing therein in connection with such employment, EXCLUDING
SENIOR CITIZENS AND DISABLED PERSONS, and excluding bona fide subtenants
in  occupancy  pursuant to the provisions of section two hundred twenty-
six-b of the real property law. In the case  where  a  housing  accommo-
dation  is  sublet,  the annual income of the sublessor shall be consid-
ered.  FOR THE PURPOSES OF THIS SUBDIVISION, DISABLED PERSON SHALL  MEAN
AN  INDIVIDUAL  (I) WITH A PHYSICAL OR MENTAL IMPAIRMENT, INCLUDING, BUT
NOT LIMITED TO, THOSE OF  NEUROLOGICAL,  EMOTIONAL  OR  SENSORY  ORGANS,
WHICH  SUBSTANTIALLY  LIMITS  ONE OR MORE OF THE INDIVIDUAL'S MAJOR LIFE
ACTIVITIES, AND (II) WHO IS REGARDED AS HAVING  SUCH  AN  IMPAIRMENT  AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01743-01-3

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