S T A T E O F N E W Y O R K
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196--A
2015-2016 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2015
___________
Introduced by Sens. SQUADRON, AVELLA, HOYLMAN -- read twice and ordered
printed, and when printed to be committed to the Committee on Housing,
Construction and Community Development -- recommitted to the Committee
on Housing, Construction and Community Development in accordance with
Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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 the establishment of rent 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 26-510 of the administrative code
of the city of New York is amended to read as follows:
a. There shall be a rent guidelines board to consist of nine members,
appointed by the mayor UPON THE ADVICE AND CONSENT OF THE CITY COUNCIL.
Two members shall be representative of tenants, two shall be represen-
tative of owners of property, and five shall be public members [each of
whom]. EACH OF THE PUBLIC MEMBERS shall have had at least five years
experience in [either] PUBLIC SERVICE, SOCIAL SERVICES, URBAN PLANNING,
SOCIAL SCIENCES, finance, economics or housing. One public member shall
be designated by the mayor UPON THE ADVICE AND CONSENT OF THE CITY COUN-
CIL to serve as [chairman] CHAIR 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] RECEIVES
COMPENSATION AS an officer of any owner or tenant organization shall
serve on a rent guidelines board. One public member, one member repre-
sentative 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00839-02-6
S. 196--A 2
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 two public members shall serve for terms ending
four years from January first next succeeding the dates of their
appointment. [The chairman shall serve at the pleasure of the mayor.]
Thereafter, all members shall continue in office until their successors
have been appointed and qualified. The mayor UPON THE ADVICE AND CONSENT
OF THE CITY COUNCIL shall fill any vacancy which may occur by reason of
death, resignation or otherwise in a manner consistent with the
[original appointment] PROVISIONS OF THIS SUBDIVISION. A member may be
removed by the mayor OR CITY COUNCIL for cause, but not without an
opportunity to be heard in person or by counsel, in his or her defense,
upon not less than ten days notice. A SUCCESSOR TO SUCH MEMBER SHALL BE
APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION TO SERVE
THE BALANCE OF THE TERM OF THE MEMBER WHO WAS REMOVED.
S 2. Subdivision a of section 4 of section 4 of chapter 576 of the
laws of 1974, constituting the emergency tenant protection act of nine-
teen 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]. EACH OF THE PUBLIC MEMBERS shall have had at least five years
experience in [either] PUBLIC SERVICE, SOCIAL SERVICES, URBAN PLANNING,
SOCIAL SCIENCES, finance, economics or housing. One public member shall
be designated by the commissioner to serve as [chairman] CHAIR 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 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] PROVISIONS OF THIS
SUBDIVISION. 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. A SUCCESSOR TO SUCH MEMBER
SHALL BE APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION
TO SERVE THE BALANCE OF THE TERM OF THE MEMBER WHO WAS REMOVED. Compen-
sation 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
S. 196--A 3
[chairman] CHAIR shall be compensated at the rate of one hundred twen-
ty-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 commu-
nity 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 section
four of this act. The local legislative body of each city having a popu-
lation 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 accommodations in such city, town or village as the
case may be.
S 3. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law; provided that:
(a) the amendments to section 26-510 of the rent stabilization law of
nineteen hundred sixty-nine made by section one 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;
(b) the amendments to section 4 of the emergency tenant protection act
of nineteen seventy-four made by section two 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 rent boards as reconstituted pursuant to this act shall be
appointed and confirmed within forty-five days after the effective date
of this act; and
(d) upon the appointment of a rent board pursuant to the provisions of
this act, any existing predecessor rent board shall be dissolved and
such predecessor rent board shall have no further authority.