senate Bill S3319

2013-2014 Legislative Session

Prohibits any person who owns or manages more than four rental units within the state from serving as a public member on a rent guidelines board

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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 31, 2013 referred to housing, construction and community development

S3319 - Bill Details

Current Committee:
Law Section:
Emergency Tenant Protection Act of 1974
Laws Affected:
Amd ยง4, Emerg Ten Prot Act of 1974
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3280
2009-2010: S5255

S3319 - Bill Texts

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Prohibits any person who owns or manages more than four rental units within the state from serving as a public member on a rent guidelines board.

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BILL NUMBER:S3319

TITLE OF BILL: An act to amend the emergency tenant protection act of
nineteen seventy-four, in relation to qualifications of public members
of rent guidelines boards

PURPOSE OR GENERAL IDEA: Provides for alternate members on a rent
guidelines Board.

SUMMARY OF SPECIFIC PROVISIONS: Amends the emergency tenant
protection act and the administrative code of the City of New York to
provide that, in addition to the nine regular members of a rent
guidelines board, there shall be an additional three members who will
be alternates. They shall represent respectively, the public, the
landlords and the tenants. The alternates shall be permitted to
participate in all proceedings of the board as non-voting members.
They shall only be permitted to participate as voting members and
receive a per-diem where the primary member is unable to attend the
proceeding.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: The Emergency
Tenant Protection Act of 1974 provides for the creation of a rent
guidelines board when the municipality determines an emergency exists
under section three of the act. This bill would provide that, upon the
absence of a regular member of the board, an alternate member would be
made available at the same salary. The administrative code of N.Y.
City will be affected similarly.

JUSTIFICATION: Too often, rent guidelines board meetings do not have
the required number of representative members in attendance due to a
variety of reasons. (Absences, illness, other business etc.) This bill
provides that, for each of the representative groups, one alternate
member shall be appointed to vote in the place of an absent regular
member.

PRIOR LEGISLATIVE HISTORY: 2009-10: S.5260/A.2736 - Reported and
Committed to Senate Rules/ Assembly Housing A.1178 (1993-94), A.477
(1995-96), A.736 (1997-98), A.898 (1599-2000), A.657 (2001-02),
A.499-A, Passed Assembly (2003-04), A.2541(2005-06), A.4501
(2007-2008)

FISCAL IMPLICATION FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall have become a law, with provisions.

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

                                  3319

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- 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  qualifications  of  public  members  of  rent
  guidelines 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 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;
PROVIDED, FURTHER, HOWEVER, NO PERSON WHO OWNS OR MANAGES MORE THAN FOUR
RENTAL UNITS WITHIN THE STATE OF NEW YORK SHALL SERVE AS A PUBLIC MEMBER
ON  A  RENT  GUIDELINES BOARD.   One public member, one member represen-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06433-01-3

S. 3319                             2

tative 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.   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.  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  commu-
nity  renewal  which  shall  be  reimbursed  in the manner prescribed in
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 prop-
erty to serve at its pleasure and without  compensation  to  advise  and
assist the county rent guidelines board in matters affecting the adjust-
ment  of  rents for housing accommodations in such city, town or village
as the case may be.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law and shall apply to public members currently serving on
a  rent  guidelines  board;  and  provided further that the amendment to
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, as amended.

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