S T A T E O F N E W Y O R K
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9621
I N A S S E M B L Y
March 22, 2016
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Introduced by M. of A. O'DONNELL -- read once and referred to the
Committee on Housing
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 notification to tenants of certain information by the state divi-
sion of housing and community renewal, prohibits deregulation without
verification of the tax abatement/credit status of a building,
requires local agencies to notify the state division of housing and
community renewal of approval of an application for a tax exemption
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions d and f of section 26-517 of the administra-
tive code of the city of New York are amended to read as follows:
d. Copies of the registration shall be filed with the state division
of housing and community renewal in such place or places as it may
require. In addition, one copy of that portion of the registration
statement which pertains to the tenant's unit must be mailed by the
[owner] STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL to the tenant in
possession at the time of initial registration or to the first tenant in
occupancy if the apartment is vacant at the time of initial registra-
tion.
f. An annual statement shall be filed containing the current rent for
each unit and such other information contained in subdivision a of this
section as shall be required by the division. The [owner] STATE DIVISION
OF HOUSING AND COMMUNITY RENEWAL shall provide each tenant then in occu-
pancy with a copy of that portion of such annual statement as pertains
to the tenant's unit.
S 2. The administrative code of the city of New York is amended by
adding a new section 26-504.4 to read as follows:
S 26-504.4 DEREGULATION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO
THE CONTRARY, THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL
VERIFY CURRENT TAX ABATEMENT/CREDIT STATUS OF BUILDINGS BEFORE ALLOWING
UNITS TO BE DEREGULATED UNDER ANY APPLICABLE PROVISION OF LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14198-01-6
A. 9621 2
S 3. The administrative code of the city of New York is amended by
adding a new section 26-517.2 to read as follows:
S 26-517.2 ADDITIONAL INFORMATION. A. IN ADDITION TO PROVIDING TENANTS
WITH REGISTRATION INFORMATION AS REQUIRED BY SUBDIVISIONS D AND F OF
SECTION 26-517 OF THIS CHAPTER, THE STATE DIVISION OF HOUSING AND COMMU-
NITY RENEWAL SHALL GIVE NOTICE IN WRITING TO ALL OWNERS OF BUILDINGS
REGULATED PURSUANT TO THIS CHAPTER THAT SUCH OWNER MUST REGISTER EACH
UNIT AS RENT STABILIZED PURSUANT TO SECTION 26-517 OF THIS CHAPTER; SUCH
OWNER MUST ISSUE RENT STABILIZED LEASES TO ALL RENTAL TENANTS; AND FAIL-
URE TO REGISTER PURSUANT TO SECTION 26-517 OF THIS CHAPTER SHALL SUBJECT
SUCH OWNER TO FINES AND PENALTIES. IN ADDITION, A COPY OF THE NOTICE
REQUIRED PURSUANT TO THIS SECTION MUST BE MAILED BY THE STATE DIVISION
OF HOUSING AND COMMUNITY RENEWAL TO THE TENANT IN OCCUPANCY OF EACH UNIT
REGULATED PURSUANT TO THIS CHAPTER.
B. NOTICE REQUIRED PURSUANT TO THIS SECTION SHALL BE PROVIDED ANNUAL-
LY. SUCH NOTICE SHALL ALSO BE PROVIDED WHEN A NEW TENANT TAKES OCCUPANCY
OF A REGULATED UNIT.
C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, LOCAL
AGENCIES SHALL IMMEDIATELY NOTIFY THE STATE DIVISION OF HOUSING AND
COMMUNITY RENEWAL IN WRITING, ON A FORM APPROVED BY THE COMMISSIONER OF
THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, THAT AN APPLICATION
FOR AN EXEMPTION UNDER SECTION FOUR HUNDRED TWENTY-ONE-A OF THE REAL
PROPERTY TAX LAW HAS BEEN APPROVED. SUCH NOTIFICATION SHALL PROVIDE THE
BEGINNING AND END DATES OF SUCH EXEMPTION.
S 4. Subdivisions d and f of section 12-a of section 4 of chapter 576
of the laws of 1974, constituting the emergency tenant protection act of
nineteen seventy-four, as added by chapter 403 of the laws of 1983, are
amended to read as follows:
d. Copies of the registration shall be filed with the state division
of housing and community renewal in such place or places as it may
require. In addition, one copy of that portion of the registration
statement which pertains to the tenant's unit must be mailed by the
[owner] STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL to the tenant in
possession at the time of initial registration or to the first tenant in
occupancy if the apartment is vacant at the time of initial registra-
tion.
f. An annual statement shall be filed containing the current rent for
each unit and such other information contained in subdivision a of this
section as shall be required by the division. The [owner] STATE DIVISION
OF HOUSING AND COMMUNITY RENEWAL shall provide each tenant then in occu-
pancy with a copy of that portion of such annual statement as pertains
to the tenant's unit.
S 5. Section 4 of chapter 576 of the laws of 1974, constituting the
emergency tenant protection act of nineteen seventy-four, is amended by
adding a new section 5-b to read as follows:
S 5-B. DEREGULATION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL
VERIFY CURRENT TAX ABATEMENT STATUS OF BUILDINGS BEFORE ALLOWING UNITS
TO BE DEREGULATED UNDER ANY APPLICABLE PROVISION OF LAW.
S 6. Section 4 of chapter 576 of the laws of 1974, constituting the
emergency tenant protection act of nineteen seventy-four, is amended by
adding a new section 12-b to read as follows:
S 12-B. ADDITIONAL INFORMATION. A. IN ADDITION TO PROVIDING TENANTS
WITH REGISTRATION INFORMATION AS REQUIRED BY SUBDIVISIONS D AND F OF
SECTION 12-A OF THIS SECTION, THE STATE DIVISION OF HOUSING AND COMMUNI-
TY RENEWAL SHALL GIVE NOTICE IN WRITING TO ALL OWNERS OF BUILDINGS REGU-
A. 9621 3
LATED PURSUANT TO THIS CHAPTER THAT SUCH OWNER MUST REGISTER EACH UNIT
AS RENT STABILIZED; SUCH OWNER MUST ISSUE RENT STABILIZED LEASES TO ALL
RENTAL TENANTS; AND FAILURE TO REGISTER PURSUANT TO SECTION 12-A OF THIS
SECTION SHALL SUBJECT SUCH OWNER TO FINES AND PENALTIES. IN ADDITION, A
COPY OF THE NOTICE REQUIRED PURSUANT TO THIS SECTION MUST BE MAILED BY
THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL TO THE TENANT IN
OCCUPANCY OF EACH UNIT REGULATED PURSUANT TO THIS CHAPTER.
B. NOTICE REQUIRED PURSUANT TO THIS SECTION SHALL BE PROVIDED ANNUAL-
LY. SUCH NOTICE SHALL ALSO BE PROVIDED WHEN A NEW TENANT TAKES OCCUPANCY
OF A REGULATED UNIT.
S 7. Section 13 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 403 of the laws of 1983, is amended to read
as follows:
S 13. Cooperation with other governmental agencies. A. The state divi-
sion of housing and community renewal and any rent guidelines board may
request and shall receive cooperation and assistance in effectuating the
purposes of this act from all departments, divisions, boards, bureaus,
commissions or agencies of the state and political subdivisions thereof.
B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, LOCAL
AGENCIES SHALL IMMEDIATELY NOTIFY THE STATE DIVISION OF HOUSING AND
COMMUNITY RENEWAL IN WRITING, ON A FORM APPROVED BY THE COMMISSIONER OF
THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, THAT AN APPLICATION
FOR AN EXEMPTION UNDER SECTION FOUR HUNDRED TWENTY-ONE-A OF THE REAL
PROPERTY TAX LAW HAS BEEN APPROVED. SUCH NOTIFICATION SHALL PROVIDE THE
BEGINNING AND END DATES OF SUCH EXEMPTION.
S 8. This act shall take effect on the sixtieth day after it shall
have become a law; provided that the amendments to chapter 4 of title 26
of the administrative code of the city of New York made by sections one,
two and three 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; and provided, further, that the amend-
ments to the emergency tenant protection act of nineteen seventy-four
made by sections four, five, six and seven 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.