S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2062
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by M. of A. MAYER, BUCHWALD, GALEF, PRETLOW -- read once and
   referred to the Committee on Housing
 
 AN ACT to amend the emergency tenant protection act of  nineteen  seven-
   ty-four, in relation to public members of a rent guidelines board
 
   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] TWO years experience in either
 finance, economics or housing. THE PUBLIC MEMBERS MAY NOT BE EMPLOYED BY
 AN ORGANIZATION, LAW FIRM, OR OTHER ENTITY WHICH  PREDOMINANTLY  REPRES-
 ENTS  OR ADVISES LANDLORDS OR TENANTS AS PART OF THEIR BUSINESS OR PRAC-
 TICE. 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. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02496-01-7

 A. 2062                             2
 
 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  succeed-
 ing  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 succes-
 sors 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  community
 renewal  which  shall  be  reimbursed  in  the manner prescribed in THIS
 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.
   § 2. This act shall take effect immediately; provided that the  amend-
 ments  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.