S. 5953 2
provision in any section contained within a Part, including the effec-
tive date of the Part, which makes a reference to a section "of this
act", when used in connection with that particular component, shall be
deemed to mean and refer to the corresponding section of the Part in
which it is found. Section three of this act sets forth the general
effective date of this act.
PART A
Section 1. Short title. This act shall be known and may be cited as
the "rent act of 2015".
S 1-a. Section 17 of chapter 576 of the laws of 1974 amending the
emergency housing rent control law relating to the control of and
stabilization of rent in certain cases, as amended by section 1-a of
part B of chapter 97 of the laws of 2011, is amended to read as follows:
S 17. Effective date. This act shall take effect immediately and
shall remain in full force and effect until and including the fifteenth
day of June [2015] 2023; except that sections two and three shall take
effect with respect to any city having a population of one million or
more and section one shall take effect with respect to any other city,
or any town or village whenever the local legislative body of a city,
town or village determines the existence of a public emergency pursuant
to section three of the emergency tenant protection act of nineteen
seventy-four, as enacted by section four of this act, and provided that
the housing accommodations subject on the effective date of this act to
stabilization pursuant to the New York city rent stabilization law of
nineteen hundred sixty-nine shall remain subject to such law upon the
expiration of this act.
S 2. Subdivision 2 of section 1 of chapter 274 of the laws of 1946
constituting the emergency housing rent control law, as amended by
section 2 of part B of chapter 97 of the laws of 2011, is amended to
read as follows:
2. The provisions of this act, and all regulations, orders and
requirements thereunder shall remain in full force and effect until and
including June 15, [2015] 2023.
S 3. Section 2 of chapter 329 of the laws of 1963 amending the emer-
gency housing rent control law relating to recontrol of rents in Albany,
as amended by section 3 of part B of chapter 97 of the laws of 2011, is
amended to read as follows:
S 2. This act shall take effect immediately and the provisions of
subdivision 6 of section 12 of the emergency housing rent control law,
as added by this act, shall remain in full force and effect until and
including June 15, [2015] 2023.
S 4. Section 10 of chapter 555 of the laws of 1982 amending the gener-
al business law and the administrative code of the city of New York
relating to conversion of residential property to cooperative or condo-
minium ownership in the city of New York, as amended by section 4 of
part B of chapter 97 of the laws of 2011, is amended to read as follows:
S 10. This act shall take effect immediately; provided, that the
provisions of sections one, two and nine of this act shall remain in
full force and effect only until and including June 15, [2015] 2023;
provided further that the provisions of section three of this act shall
remain in full force and effect only so long as the public emergency
requiring the regulation and control of residential rents and evictions
continues as provided in subdivision 3 of section 1 of the local emer-
gency housing rent control act; provided further that the provisions of
S. 5953 3
sections four, five, six and seven of this act shall expire in accord-
ance with the provisions of section 26-520 of the administrative code of
the city of New York as such section of the administrative code is, from
time to time, amended; provided further that the provisions of section
26-511 of the administrative code of the city of New York, as amended by
this act, which the New York City Department of Housing Preservation and
Development must find are contained in the code of the real estate
industry stabilization association of such city in order to approve it,
shall be deemed contained therein as of the effective date of this act;
and provided further that any plan accepted for filing by the department
of law on or before the effective date of this act shall continue to be
governed by the provisions of section 352-eeee of the general business
law as they had existed immediately prior to the effective date of this
act.
S 5. Section 4 of chapter 402 of the laws of 1983 amending the general
business law relating to conversion of rental residential property to
cooperative or condominium ownership in certain municipalities in the
counties of Nassau, Westchester and Rockland, as amended by section 5 of
part B of chapter 97 of the laws of 2011, is amended to read as follows:
S 4. This act shall take effect immediately; provided, that the
provisions of sections one and three of this act shall remain in full
force and effect only until and including June 15, [2015] 2023; and
provided further that any plan accepted for filing by the department of
law on or before the effective date of this act shall continue to be
governed by the provisions of section 352-eee of the general business
law as they had existed immediately prior to the effective date of this
act.
S 6. Subdivision 6 of section 46 of chapter 116 of the laws of 1997
constituting the rent regulation reform act of 1997, as amended by
section 6 of part B of chapter 97 of the laws of 2011, is amended to
read as follows:
6. sections twenty-eight, twenty-eight-a, twenty-eight-b and twenty-
eight-c of this act shall expire and be deemed repealed after June 15,
[2015] 2023;
S 7. This act shall take effect immediately.
PART B
Section 1. Section 10 of the public housing law, as amended by chapter
398 of the laws of 1961, is amended to read as follows:
S 10. Division of housing and community renewal. 1. There shall be in
the executive department a division of housing and community renewal.
Reference in this chapter or in any other general, special or local law
to the division of housing shall be deemed to mean and refer to the
division of housing and community renewal which is hereby made the new
title of such division.
2. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL IS AUTHORIZED TO
ESTABLISH A TENANT PROTECTION UNIT. THE COMMISSIONER, THROUGH SUCH
UNIT, SHALL HAVE THE FOLLOWING POWERS:
(A) TO CONDUCT AUDITS AND HEARINGS THEREON TO REVIEW RENT INCREASES
RESULTING FROM INDIVIDUAL APARTMENT IMPROVEMENTS AUTHORIZED PURSUANT TO
PARAGRAPH THIRTEEN OF SUBDIVISION C OF SECTION 26-511 OF THE ADMINISTRA-
TIVE CODE OF THE CITY OF NEW YORK OR PARAGRAPH ONE OF SUBDIVISION (D) OF
SECTION SIX OF THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-
FOUR. SUCH AUDITS MAY REQUIRE THE PRODUCTION OF BOOKS, PAPERS, RECORDS,
CONTRACTS, CHECKS OR ANY OTHER DOCUMENTS RELEVANT AND MATERIAL TO INDI-
S. 5953 4
VIDUAL APARTMENT IMPROVEMENTS. ANY AUDIT SHALL BE LIMITED TO THOSE INDI-
VIDUAL APARTMENT IMPROVEMENTS FOR WHICH RENT INCREASES RESULTING FROM
SUCH IMPROVEMENTS TOOK EFFECT WITHIN THREE CALENDAR YEARS PRIOR TO THE
DATE OF THE NOTICE OF THE AUDIT;
(B) TO AUDIT COMPLIANCE BY OWNERS OF HOUSING ACCOMMODATIONS WITH
RESPECT TO ANNUAL REGISTRATION REQUIREMENTS PURSUANT TO SECTION 26-517
OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK AND SECTION TWELVE-A
OF THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR; AND
(C) TO INVESTIGATE, ADMINISTER OATHS, ISSUE SUBPOENAS AND MAKE
INSPECTIONS UPON THE RECEIPT OF A TENANT COMPLAINT THAT ESTABLISHES
REASONABLE CAUSE TO BELIEVE THAT VIOLATIONS OF THE EMERGENCY TENANT
PROTECTION ACT OF NINETEEN SEVENTY-FOUR, THE RENT STABILIZATION LAW OF
NINETEEN HUNDRED SIXTY-NINE, THE EMERGENCY HOUSING RENT CONTROL LAW AND
THE LOCAL EMERGENCY HOUSING RENT CONTROL ACT HAVE OCCURRED.
3. (A) FOR THE PURPOSES OF THIS SECTION, THE SELECTION OF AN INDIVID-
UAL APARTMENT IMPROVEMENT FOR AUDIT SHALL BE CONDUCTED ON A RANDOM BASIS
BY THE TENANT PROTECTION UNIT FROM AMONG THOSE IMPROVEMENTS FOR WHICH
RENT INCREASES WHICH TOOK EFFECT WITHIN THREE CALENDAR YEARS PRIOR TO
THE DATE OF NOTICE OF SUCH AUDIT. ANY SUCH SELECTION SHALL BE DONE IN A
MANNER SUCH THAT THE IDENTITY OF THE OWNER WHOSE INDIVIDUAL APARTMENT
IMPROVEMENT IS SELECTED FOR AUDIT IS NOT KNOWN TO SUCH UNIT. THE DIVI-
SION OF HOUSING AND COMMUNITY RENEWAL SHALL PROMULGATE REGULATIONS
SETTING FORTH ITS METHODOLOGY FOR THE CONDUCT OF SUCH RANDOM AUDITS AND
TO ENSURE THAT INDIVIDUAL APARTMENT IMPROVEMENTS ARE AUDITED IN A
UNIFORM AND CONSISTENT MANNER.
(B) NOTWITHSTANDING THE FOREGOING, THE TENANT PROTECTION UNIT SHALL BE
AUTHORIZED UPON A FINDING OF FRAUD OR INTENTIONAL MISCONDUCT IN THE
CALCULATION OF RENT INCREASES TO EXPAND THE SCOPE OF ITS AUDIT TO OTHER
UNITS OWNED BY A COMMON OWNER OR TO EXTEND THE PERIOD OF TIME FOR THE
AUDIT.
(C) THE OWNER OF SUCH HOUSING ACCOMMODATION SHALL BE PROVIDED WITH
NOTICE OF THE AUDIT AND HEARING THEREON. THE OWNER SHALL, AT A MINIMUM,
BE PROVIDED WITH THE REASONABLE OPPORTUNITY TO RESPOND AT LEAST THIRTY
DAYS PRIOR TO A HEARING DATE WHERE THE OWNER, AT HIS OR HER OPTION, HAS
AN OPPORTUNITY TO BE HEARD IN-PERSON, PRESENT WITNESSES, AND SUBMIT
EVIDENCE. SUCH OWNER SHALL BE ENTITLED TO PROVIDE BOOKS, PAPERS,
RECORDS, CONTRACTS, CHECKS OR ANY OTHER DOCUMENTS IN SUPPORT OF AND
RELATING TO THE RENT INCREASE AND THE INDIVIDUAL APARTMENT IMPROVEMENT.
(D) AFTER SUCH HEARING, THE TENANT PROTECTION UNIT SHALL DETERMINE
WHETHER THE CORRECT AMOUNT OF RENT INCREASE RESULTING FROM AN INDIVIDUAL
APARTMENT IMPROVEMENT WAS CHARGED AND COLLECTED BY THE OWNER. WHERE THE
TENANT PROTECTION UNIT DETERMINES THAT SUCH CORRECT AMOUNT WAS NOT
CHARGED AND COLLECTED BY THE OWNER, THE OWNER SHALL BE LIABLE TO THE
TENANT FOR SUCH TOTAL AMOUNT, PLUS INTEREST. THE TENANT PROTECTION UNIT
SHALL INFORM THE OWNER, IN WRITING, VIA CERTIFIED MAIL, NO LATER THAN
THIRTY CALENDAR DAYS AFTER SUCH HEARING, WHETHER THE CORRECT AMOUNT WAS
CHARGED AND COLLECTED.
(E) ANY DETERMINATION BY THE TENANT PROTECTION UNIT SHALL BE SUBJECT
TO A PETITION FOR ADMINISTRATIVE REVIEW BY THE DEPUTY COMMISSIONER OF
THE OFFICE OF RENT ADMINISTRATION WHICH SHALL ISSUE A FINAL DETERMI-
NATION. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL, BY REGU-
LATION, PROVIDE FOR THE ADMINISTRATIVE REVIEW OF ALL DETERMINATIONS
ISSUED BY THE TENANT PROTECTION UNIT PURSUANT TO THIS SECTION. A PETI-
TION FOR SUCH REVIEW SHALL BE DISPOSED OF BY A FINAL DETERMINATION WITH-
IN NINETY DAYS AFTER IT IS FILED, OR IT SHALL BE DEEMED TO BE DENIED.
PROVIDED, HOWEVER, SUCH REGULATION SHALL PROVIDE FOR ONE EXTENSION NOT
S. 5953 5
TO EXCEED THIRTY DAYS UPON THE CONSENT OF THE PARTY FILING SUCH PETI-
TION. A FINAL DETERMINATION OR A PRESUMPTIVE DENIAL BY THE OFFICE OF
RENT ADMINISTRATION SHALL BE SUBJECT TO JUDICIAL REVIEW PURSUANT TO
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
(F) NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, A DETERMINATION
PURSUANT TO THIS SECTION THAT THE CORRECT AMOUNT OF RENT INCREASE
RESULTING FROM AN INDIVIDUAL APARTMENT IMPROVEMENT WAS NOT CHARGED AND
COLLECTED BY THE OWNER SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY
FOR ANY AND ALL CLAIMS BY THE DIVISION OR THE TENANT OF SUCH HOUSING
ACCOMMODATION RELATING TO SUCH INCREASE AND ANY SUCH DETERMINATION SHALL
PRECLUDE ANY OTHER ADMINISTRATIVE OR JUDICIAL ACTIONS OR PROCEEDINGS BY
THE DIVISION OR SUCH TENANT ARISING FROM OR RELATING TO SUCH RENT
INCREASE OR SUCH IMPROVEMENT; PROVIDED FURTHER THAT A SHORTFALL IN THE
AMOUNT THAT WAS CHARGED MAY RESULT IN AN IMMEDIATE INCREASE, COMMENCING
FROM THE DATE OF THE FINDING.
(G) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL ESTABLISH AND
MAKE PUBLICLY AVAILABLE GUIDELINES AND BEST PRACTICES REGARDING PROPER
RECORD RETENTION AND DOCUMENTATION PROCEDURES FOR OWNERS WHO HAVE OR MAY
INTEND TO PERFORM IMPROVEMENTS THAT MAY BE SUBJECT TO AUDIT PURSUANT TO
THIS SECTION. SUCH GUIDELINES SHALL ALSO SET FORTH A FORM AFFIDAVIT BY
WHICH OWNERS MAY ATTEST TO THE PERFORMANCE OF INDIVIDUAL APARTMENT
IMPROVEMENTS IN THOSE INSTANCES WHERE THE DOCUMENTATION RELATING TO SUCH
IMPROVEMENTS IS UNAVAILABLE, INCLUDING BUT NOT LIMITED TO, BECAUSE SUCH
DOCUMENTS WERE DAMAGED OR DESTROYED BY FIRE, FLOOD OR ANY OTHER CAUSE,
BECAUSE THEY WERE NOT PROVIDED TO THE CURRENT OWNER BY THE PRIOR OWNER,
OR FOR ANY OTHER REASON ATTESTED TO IN GOOD FAITH.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law; provided however the division of housing and communi-
ty renewal is authorized and directed to promulgate rules and regu-
lations necessary for the implementation of this act on or before such
date.
PART C
Section 1. Section 14 of the public housing law is amended by adding a
new subdivision 7 to read as follows:
7. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE
COMMISSIONER SHALL ESTABLISH A SYSTEM TO IDENTIFY AND VERIFY QUALIFICA-
TION OF ANY LESSEE ENTERING INTO OR RENEWING A LEASE FOR AN APARTMENT
SUBJECT TO THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR,
THE RENT STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE EMERGENCY
HOUSING RENT CONTROL LAW AND THE LOCAL EMERGENCY RENT CONTROL ACT, AND
TO DOCUMENT AND RETAIN A RECORD OF EVERY SUCH LESSEE AND EVERY SUCH
APARTMENT THAT IS SUBJECT TO SUCH PROVISIONS.
(B) SUCH SYSTEM SHALL REQUIRE THE SUBMISSION OF INFORMATION, IN A FORM
AND MANNER DETERMINED BY THE COMMISSIONER, BY ANY OWNER, WITHIN NINETY
DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION TO IDENTIFY AND CATALOGUE
EACH APARTMENT, OWNED AND MAINTAINED BY SUCH OWNER, THAT IS SUBJECT TO
THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, THE RENT
STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE EMERGENCY HOUSING
RENT CONTROL LAW AND THE LOCAL EMERGENCY RENT CONTROL ACT, AND ANY
LESSEE CURRENTLY RESIDING IN SUCH APARTMENT. SUCH SUBMISSION SHALL
INCLUDE: ADDRESS, INCLUDING APARTMENT NUMBER, NUMBER OF BEDROOMS; SQUARE
FOOTAGE; AND ANY OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER
TO IDENTIFY SUCH APARTMENT. SUCH SUBMISSION SHALL ALSO CONTAIN INFORMA-
TION IDENTIFYING THE CURRENT LESSEE OF THE APARTMENT, IF SUCH APARTMENT
S. 5953 6
IS LEASED, OR RESIDENT OF SUCH APARTMENT INCLUDING: FULL NAME; TERMS OF
THE LEASE; AND ANY OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSION-
ER TO IDENTIFY SUCH LESSEE. UPON THE SUBMISSION AND REVIEW OF SUCH
INFORMATION, THE COMMISSIONER SHALL MAINTAIN A DATABASE CONTAINING ALL
SUCH INFORMATION SO SUBMITTED IDENTIFYING EVERY SUCH APARTMENT AND ANY
LESSEE OR RESIDENT OF SUCH APARTMENT.
(C) AFTER THE COMPLETION OF THE PERIOD FOR SUBMISSION PURSUANT TO
PARAGRAPH (B) OF THIS SUBDIVISION, SUCH INFORMATION SHALL BE SHARED WITH
THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE PURSUANT TO
SECTION ONE HUNDRED SEVENTY-ONE-Z OF THE TAX LAW.
(D) ANY FINDINGS PURSUANT TO SECTION ONE HUNDRED SEVENTY-ONE-Z OF THE
TAX LAW THAT A LESSEE OR RESIDENT OF ANY SUCH APARTMENT DOES NOT SATISFY
ANY INCOME ELIGIBILITY OR RESIDENCY REQUIREMENTS PRESCRIBED BY THE EMER-
GENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, THE RENT STABILI-
ZATION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE EMERGENCY HOUSING RENT
CONTROL LAW AND THE LOCAL EMERGENCY RENT CONTROL ACT FOR THE APPLICABLE
INCOME TAX YEAR SHALL RESULT IN A WRITTEN NOTICE WITHIN THIRTY DAYS OF
SUCH FINDING, BY THE COMMISSIONER TO THE OWNER OF SUCH APARTMENT OF SUCH
A FINDING.
(E) ANY FINDINGS PURSUANT TO SECTION ONE HUNDRED SEVENTY-ONE-Z OF THE
TAX LAW THAT THE ELIGIBILITY OF SUCH LESSEE CANNOT BE VERIFIED SHALL
RESULT, WITHIN SIXTY DAYS OF SUCH FINDING, OF A AUDIT, CONDUCTED IN A
FORM AND MANNER PRESCRIBED BY THE COMMISSIONER IN COOPERATION WITH THE
NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, OF SUCH LESSEE OR
RESIDENT TO VERIFY SUCH LESSEE OR RESIDENT QUALIFIES TO LEASE AN APART-
MENT SUBJECT TO THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVEN-
TY-FOUR, THE RENT STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE
EMERGENCY HOUSING RENT CONTROL LAW AND THE LOCAL EMERGENCY RENT CONTROL
ACT. UPON THE COMPLETION OF AN AUDIT PURSUANT TO THIS PARAGRAPH THAT
RESULTS IN A FINDING THAT A LESSEE OR RESIDENT OF ANY SUCH APARTMENT
DOES NOT SATISFY ANY INCOME ELIGIBILITY OR RESIDENCY REQUIREMENTS
PRESCRIBED BY THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN
SEVENTY-FOUR, THE RENT STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE,
THE EMERGENCY HOUSING RENT CONTROL LAW AND THE LOCAL EMERGENCY RENT
CONTROL ACT FOR THE APPLICABLE INCOME TAX YEAR, THE COMMISSIONER SHALL
PROVIDE WRITTEN NOTICE, WITHIN THIRTY DAYS OF SUCH FINDING, TO THE OWNER
OF SUCH APARTMENT NOTIFYING SUCH OWNER OF SUCH FINDING.
(F) THE COMMISSIONER SHALL, PERIODICALLY, REQUIRE FURTHER SUBMISSIONS
CONSISTENT WITH THIS SUBDIVISION TO UPDATE ANY SUCH INFORMATION SO
RETAINED.
(G) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, ANY INFORMATION
RETAINED BY THE COMMISSIONER PURSUANT TO THIS SUBDIVISION SHALL NOT BE
SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS
LAW.
S 2. The tax law is amended by adding a new section 171-z to read as
follows:
S 171-Z. INCOME VERIFICATION FOR ANY RESIDENT SUBJECT TO THE EMERGENCY
TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, THE RENT STABILIZATION
LAW OF NINETEEN HUNDRED SIXTY-NINE, THE EMERGENCY HOUSING RENT CONTROL
LAW AND THE LOCAL EMERGENCY RENT CONTROL ACT. (1) THE DEPARTMENT SHALL
ENTER INTO AN AGREEMENT WITH THE NEW YORK STATE DIVISION OF HOUSING AND
COMMUNITY RENEWAL, HEREINAFTER REFERRED TO AS THE DIVISION, TO VERIFY,
TO THE EXTENT PRACTICABLE, WHETHER A LESSEE OR RESIDENT OF AN APARTMENT
SUBJECT TO THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR,
THE RENT STABILIZATION OF LAW OF NINETEEN HUNDRED SIXTY-NINE, THE EMER-
GENCY HOUSING RENT CONTROL LAW AND THE LOCAL EMERGENCY RENT CONTROL ACT
S. 5953 7
MEET ANY INCOME ELIGIBILITY AND RESIDENCY REQUIREMENTS PRESCRIBED BY
SUCH LAWS FOR THE APPLICABLE INCOME TAX YEAR, BEGINNING WITH THE INCOME
TAX YEAR ENDING IN TWO THOUSAND FIFTEEN. SUCH AGREEMENT SHALL INCLUDE
PROVISIONS ASSOCIATED WITH THE SHARING OF INFORMATION RETAINED BY THE
DIVISION PURSUANT TO SUBDIVISION SEVEN OF SECTION FOURTEEN OF THE PUBLIC
HOUSING LAW.
(2) THE DEPARTMENT SHALL ADVISE THE DIVISION OF ITS FINDINGS, STATING
IN EACH CASE EITHER THAT SUCH LESSEE OR RESIDENT DOES OR DOES NOT SATIS-
FY ANY SUCH REQUIREMENTS PURSUANT TO SUBDIVISION ONE OF THIS SECTION, OR
THAT THE ELIGIBILITY OF SUCH LESSEE OR RESIDENT CANNOT BE VERIFIED,
WHICHEVER IS APPROPRIATE. THE DEPARTMENT SHALL NOT PROVIDE ANY OTHER
INFORMATION ABOUT THE INCOME OF SUCH LESSEE TO THE DIVISION.
(3) FURTHER VERIFICATIONS MAY OCCUR AFTER THE TAX YEAR PRESCRIBED IN
SUBDIVISION ONE OF THIS SECTION AS DETERMINED IN CONJUNCTION WITH AN
AGREEMENT BETWEEN THE COMMISSIONER AND THE DIVISION.
(4) THE PROVISIONS OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW SHALL NOT
APPLY TO ANY INFORMATION THAT THE DEPARTMENT OBTAINS FROM OR PROVIDES TO
THE DIVISION PURSUANT TO THIS SECTION.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.
PART D
Section 1. Paragraphs 1 and 2 of subdivision c of section 26-516 of
the administrative code of the city of New York, as amended by section 1
of chapter 480 of the laws of 2009, are amended to read as follows:
(1) to have violated an order of the division the commissioner may
impose by administrative order after hearing, a civil penalty [in the
amount of one thousand dollars for the first such offense and two] AT
MINIMUM IN THE AMOUNT OF ONE THOUSAND BUT NOT TO EXCEED TWO THOUSAND
DOLLARS FOR THE FIRST SUCH OFFENSE, AND AT A MINIMUM IN THE AMOUNT OF
TWO THOUSAND BUT NOT TO EXCEED THREE thousand dollars for each subse-
quent offense; or
(2) to have harassed a tenant to obtain vacancy of his or her housing
accommodation, the commissioner may impose by administrative order after
hearing, a civil penalty for any such violation. Such penalty shall be
[in the amount of two thousand dollars for a first such offense and up
to ten] AT A MINIMUM IN THE AMOUNT OF TWO THOUSAND BUT NOT TO EXCEED
THREE THOUSAND DOLLARS FOR THE FIRST SUCH OFFENSE, AND AT MINIMUM IN THE
AMOUNT OF TEN THOUSAND BUT NOT TO EXCEED ELEVEN thousand dollars for
each subsequent offense or for a violation consisting of conduct
directed at the tenants of more than one housing accommodation.
S 2. Paragraph 2 of subdivision c of section 26-516 of the administra-
tive code of the city of New York, as amended by section 2 of chapter
480 of the laws of 2009, is amended to read as follows:
(2) to have harassed a tenant to obtain vacancy of his or her housing
accommodation, the commissioner may impose by administrative order after
hearing, a civil penalty for any such violation. Such penalty shall be
[in the amount of two thousand dollars for a first such offense and up
to ten] AT MINIMUM IN THE AMOUNT OF TWO THOUSAND BUT NOT TO EXCEED THREE
THOUSAND DOLLARS FOR THE FIRST SUCH OFFENSE, AND AT A MINIMUM IN THE
AMOUNT OF TEN THOUSAND BUT NOT TO EXCEED ELEVEN thousand dollars for
each subsequent offense or for a violation consisting of conduct
directed at the tenants of more than one housing accommodation.
S 3. Subparagraph (a) of paragraph 2 of subdivision b of section
26-413 of the administrative code of the city of New York. as amended by
S. 5953 8
section 3 of chapter 480 of the laws of 2009, is amended to read as
follows:
(a) Impose by administrative order after hearing, a civil penalty for
any violation of said section and bring an action to recover same in any
court of competent jurisdiction. Such penalty in the case of a violation
of subdivision d of such section shall be [in the amount of two thousand
dollars for the first offense and ten] AT MINIMUM IN THE AMOUNT OF TWO
THOUSAND BUT NOT TO EXCEED THREE THOUSAND DOLLARS FOR THE FIRST SUCH
OFFENSE, AND AT MINIMUM IN THE AMOUNT OF TEN THOUSAND BUT NOT TO EXCEED
ELEVEN thousand dollars for each subsequent offense or for a violation
consisting of conduct directed at the tenants of more than one housing
accommodation; and in the case of any other violation of such section
[in the amount of one thousand dollars for the first such offense and
two] AT MINIMUM IN THE AMOUNT OF ONE THOUSAND BUT NOT TO EXCEED TWO
THOUSAND DOLLARS FOR THE FIRST SUCH OFFENSE, AND AT MINIMUM IN THE
AMOUNT OF TWO THOUSAND BUT NOT TO EXCEED THREE thousand dollars for each
subsequent offense. Such order by the city rent agency shall be deemed a
final determination for the purposes of judicial review as provided in
section 26-411 of this chapter. Such action shall be brought on behalf
of the city and any amount recovered shall be paid into the city treas-
ury. Such right of action may be released, compromised or adjusted by
the city rent agency at any time subsequent to the issuance of such
administrative order.
S 4. Subparagraph (a) of paragraph 2 of subdivision b of section
26-413 of the administrative code of the city of New York, as amended by
section 4 of chapter 480 of the laws of 2009, is amended to read as
follows:
(a) Impose by administrative order after hearing, a civil penalty for
any violation of said section and bring an action to recover same in any
court of competent jurisdiction. Such penalty in the case of a violation
of subdivision d of such section shall be [in the amount of two thousand
dollars for a first such offense and ten] AT MINIMUM IN THE AMOUNT OF
TWO THOUSAND BUT NOT TO EXCEED THREE THOUSAND DOLLARS FOR THE FIRST SUCH
OFFENSE, AND AT MINIMUM IN THE AMOUNT OF TEN THOUSAND BUT NOT TO EXCEED
ELEVEN thousand dollars for each subsequent offense or for a violation
consisting of conduct directed at the tenants of more than one housing
accommodation; and in the case of any other violation of such section
[in the amount of one thousand dollars for the first such offense and
two] AT MINIMUM IN THE AMOUNT OF ONE THOUSAND BUT NOT TO EXCEED TWO
THOUSAND DOLLARS FOR THE FIRST SUCH OFFENSE, AND AT MINIMUM IN THE
AMOUNT OF TWO THOUSAND BUT NOT TO EXCEED THREE thousand dollars for each
subsequent offense. Such order by the city rent agency shall be deemed a
final determination for the purposes of judicial review as provided in
section 26-411 of this chapter. Such action shall be brought on behalf
of the city and any amount recovered shall be paid into the city treas-
ury. Such right of action may be released, compromised or adjusted by
the city rent agency at any time subsequent to the issuance of such
administrative order.
S 5. Clauses (i) and (ii) of paragraph 3 of subdivision a of section
12 of section 4 of chapter 576 of the laws of 1974 constituting the
emergency tenant protection act of nineteen seventy-four, as amended by
section 5 of chapter 480 of the laws of 2009, are amended to read as
follows:
(i) to have violated an order of the division the commissioner may
impose by administrative order after hearing, a civil penalty [in the
amount of one thousand dollars for the first such offense and two] AT
S. 5953 9
MINIMUM IN THE AMOUNT OF ONE THOUSAND BUT NOT TO EXCEED TWO THOUSAND
DOLLARS FOR THE FIRST SUCH OFFENSE, AND AT MINIMUM IN THE AMOUNT OF TWO
THOUSAND BUT NOT TO EXCEED THREE thousand dollars for each subsequent
offense; or
(ii) to have harassed a tenant to obtain vacancy of his housing accom-
modation, the commissioner may impose by administrative order after
hearing, a civil penalty for any such violation. Such penalty shall be
in [the amount of two thousand dollars for the first such offense and
ten] AT MINIMUM IN THE AMOUNT OF TWO THOUSAND BUT NOT TO EXCEED THREE
THOUSAND DOLLARS FOR THE FIRST SUCH OFFENSE, AND AT MINIMUM IN THE
AMOUNT OF TEN THOUSAND BUT NOT TO EXCEED ELEVEN thousand dollars for
each subsequent offense or for a violation consisting of conduct
directed at the tenants of more than one housing accommodation.
S 6. Clause (ii) of paragraph 3 of subdivision a of section 12 of
section 4 of chapter 576 of the laws of 1974 constituting the emergency
tenant protection act of nineteen seventy-four, as amended by section 6
of chapter 480 of the laws of 2009, is amended to read as follows:
(ii) to have harassed a tenant to obtain vacancy of his housing accom-
modation, the commissioner may impose by administrative order after
hearing, a civil penalty for any such violation. Such penalty shall be
[in the amount of two thousand dollars for the first such offense and
ten] AT MINIMUM IN THE AMOUNT OF TWO THOUSAND BUT NOT TO EXCEED THREE
THOUSAND DOLLARS FOR THE FIRST SUCH OFFENSE, AND AT MINIMUM IN THE
AMOUNT OF TEN THOUSAND BUT NOT TO EXCEED ELEVEN thousand dollars for
each subsequent offense or for a violation consisting of conduct
directed at the tenants of more than one housing accommodation.
S 7. This act shall take effect immediately; provided, however, that:
1. the amendments to section 26-516 of chapter 4 of title 26 of the
administrative code of the city of New York made by sections one and two
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;
2. the amendments to section 4 of the emergency tenant protection act
of nineteen seventy-four made by sections five and six 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;
3. the amendments to section 26-413 of the city rent and rehabili-
tation law made by sections three and four of this act shall remain in
full force and effect only as long as the public emergency requiring the
regulation and control of residential rents and evictions continues, as
provided in subdivision 3 of section 1 of the local emergency housing
rent control act;
4. the amendments to paragraph 2 of subdivision c of section 26-516 of
the administrative code of the city of New York made by section one of
this act shall be subject to the expiration and reversion of such para-
graph pursuant to section 46 of chapter 116 of the laws of 1997, as
amended, when upon such date the provisions of section two of this act
shall take effect;
5. the amendments to subparagraph (a) of paragraph 2 of subdivision b
of section 26-413 of the administrative code of the city of New York
made by section three of this act shall be subject to the expiration and
reversion of such subparagraph pursuant to section 46 of chapter 116 of
the laws of 1997, as amended, when upon such date the provisions of
section four of this act shall take effect; and
S. 5953 10
6. the amendments to clause (ii) of paragraph 3 of subdivision a of
section 12 of section 4 of chapter 576 of the laws of 1974 constituting
the emergency tenant protection act of nineteen seventy-four made by
section five of this act shall be subject to the expiration and rever-
sion of such clause pursuant to section 46 of chapter 116 of the laws of
1997, as amended, when upon such date the provisions of section six of
this act shall take effect.
PART E
Section 1. Notwithstanding any provision of law to the contrary, no
apartment subject to the emergency tenant protection act of nineteen
seventy-four, the rent stabilization law of nineteen hundred sixty-nine,
the emergency housing rent control law and the local emergency rent
contract act shall be authorized to be sublet for any period unless
authorized to be sublet within any respective lease agreement and
approval of such sublet is received from the division of housing and
community renewal. Any amounts so charged by the sublessor to the
sublessee for such sublet shall not exceed the proportional share of
rent charged for such period by the lessor to the lessee. Any lessee
found to be in violation of this act shall be subject to a penalty of
one thousand dollars or three times the amount charged and received for
such sublease. Such penalty shall be enforced by the New York state
division of housing and community renewal.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through E of this act shall be
as specifically set forth in the last section of such Parts.