S T A T E O F N E W Y O R K
________________________________________________________________________
4318
2017-2018 Regular Sessions
I N A S S E M B L Y
February 2, 2017
___________
Introduced by M. of A. KAVANAGH -- Multi-Sponsored by -- M. of A.
FARRELL -- read once and referred to the Committee on Housing
AN ACT to amend the emergency housing rent control law, the administra-
tive code of the city of New York, and the emergency tenant protection
act of nineteen seventy-four, in relation to providing for a hearing
before the division of housing and community renewal prior to issuance
of an order of decontrol for failure to respond to income certif-
ication material; and in relation to excluding certain tenants from
inclusion for annual income determination
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 1 of subdivision (a) of section 2-a of chapter
274 of the laws of 1946, constituting the emergency housing rent control
law, as amended by section 32 of part B of chapter 97 of the laws of
2011, is amended to read as follows:
1. For purposes of this section, annual income shall mean the federal
adjusted gross income as reported on the New York state income tax
return. Total annual income means the sum of the annual incomes of all
persons who occupy the housing accommodation as their primary residence
on other than a temporary basis, excluding bona fide employees of such
occupants residing therein in connection with such employment, EXCLUDING
SENIOR CITIZENS AND DISABLED PERSONS, and excluding bona fide subtenants
in occupancy pursuant to the provisions of section two hundred twenty-
six-b of the real property law. In the case where a housing accommo-
dation is sublet, the annual income of the sublessor shall be consid-
ered. FOR THE PURPOSES OF THIS SUBDIVISION, DISABLED PERSON SHALL MEAN
AN INDIVIDUAL (I) WITH A PHYSICAL OR MENTAL IMPAIRMENT, INCLUDING, BUT
NOT LIMITED TO, THOSE OF NEUROLOGICAL, EMOTIONAL OR SENSORY ORGANS,
WHICH SUBSTANTIALLY LIMITS ONE OR MORE OF THE INDIVIDUAL'S MAJOR LIFE
ACTIVITIES, AND (II) WHO IS REGARDED AS HAVING SUCH AN IMPAIRMENT AS
CERTIFIED BY A LICENSED PHYSICIAN OF THIS STATE. FOR THE PURPOSES OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01928-01-7
A. 4318 2
THIS SUBDIVISION, SENIOR CITIZEN SHALL MEAN ANY PERSON WHO IS SIXTY-TWO
YEARS OF AGE OR OLDER.
§ 2. Subdivision (c) of section 2-a of chapter 274 of the laws of
1946, constituting the emergency housing rent control law, as amended by
section 32 of part B of chapter 97 of the laws of 2011, is amended to
read as follows:
(c) 1. In the event that the tenant or tenants either fail to return
the completed certification to the owner on or before the date required
by subdivision (b) of this section or the owner disputes the certif-
ication returned by the tenant or tenants, the owner may, on or before
June thirtieth of such year, petition the state division of housing and
community renewal to verify, pursuant to section one hundred seventy-
one-b of the tax law, whether the total annual income exceeds the dereg-
ulation income threshold in each of the two preceding calendar years.
Within twenty days after the filing of such request with the division,
the division shall notify the tenant or tenants that such tenant or
tenants must provide the division with such information as the division
and the department of taxation and finance shall require to verify
whether the total annual income exceeds the deregulation income thresh-
old in each of the two preceding calendar years. The division's notifi-
cation shall require the tenant or tenants to provide the information to
the division within [sixty] NINETY days of service upon such tenant or
tenants and shall include a warning in bold faced type AT THE TOP OF THE
PAGE that failure to respond [will] MAY RESULT IN AN ORDER OF DECONTROL
BEING ISSUED BY THE DIVISION FOR SUCH HOUSING ACCOMMODATION FOLLOWING A
HEARING TO BE SCHEDULED NOT MORE THAN NINETY DAYS FROM THE DATE THE
DIVISION SENT SUCH TENANT OR TENANTS THE NOTICE PROVIDED IN THIS PARA-
GRAPH, THE NOTIFICATION SHALL ADVISE SUCH TENANT OR TENANTS THAT FAILURE
TO APPEAR AT SUCH HEARING WITHOUT GOOD OR JUST CAUSE MAY result in an
order of deregulation being issued by the division for such housing
accommodation. SUCH TENANT OR TENANTS MAY AUTHORIZE A PERSON OR PERSONS
TO REPRESENT SUCH TENANT'S OR TENANTS' INTEREST AT THE HEARING.
2. If the department of taxation and finance determines that the total
annual income is in excess of the deregulation income threshold in each
of the two preceding calendar years, the division shall, on or before
November fifteenth of such year, notify the owner and tenants of the
results of such verification. Both the owner and the tenants shall have
[thirty] SIXTY days within which to comment on such verification
results. Within forty-five days after the expiration of the comment
period, the division shall, where appropriate, issue an order of deregu-
lation providing that such housing accommodation shall not be subject to
the provisions of this law as of the first day of March in the year next
succeeding the filing of the owner's petition with the division. A copy
of such order shall be mailed by regular and certified mail, return
receipt requested, to the tenant or tenants and a copy thereof shall be
sent to the owner.
3. In the event the tenant or tenants fail to [provide the informa-
tion] APPEAR WITHOUT GOOD OR JUST CAUSE AT THE HEARING required pursuant
to paragraph one of this subdivision, the division [shall] MAY issue, on
or before December first of such year, an order of deregulation provid-
ing that such housing accommodation shall not be subject to the
provisions of this law as of the first day of March in the year next
succeeding the last day on which the tenant or tenants were required to
[provide the information] APPEAR AT THE HEARING required by such para-
graph. A copy of such order shall be mailed by regular and certified
A. 4318 3
mail, return receipt requested, to the tenant or tenants and a copy
thereof shall be sent to the owner.
4. The provisions of the state freedom of information act shall not
apply to any income information obtained by the division pursuant to
this section.
§ 3. Paragraph 1 of subdivision (a) of section 26-403.1 of the admin-
istrative code of the city of New York, as amended by section 34 of part
B of chapter 97 of the laws of 2011, is amended to read as follows:
1. For purposes of this section, annual income shall mean the federal
adjusted gross income as reported on the New York state income tax
return. Total annual income means the sum of the annual incomes of all
persons who occupy the housing accommodation as their primary residence
other than on a temporary basis, excluding bona fide employees of such
occupants residing therein in connection with such employment, EXCLUDING
SENIOR CITIZENS AND DISABLED PERSONS, and excluding bona fide subtenants
in occupancy pursuant to the provisions of section two hundred twenty-
six-b of the real property law. [In the case where a housing accommo-
dation is sublet, the annual income of the sublessor shall be consid-
ered.] FOR THE PURPOSES OF THIS SUBDIVISION, DISABLED PERSON SHALL MEAN
AN INDIVIDUAL (I) WITH A PHYSICAL OR MENTAL IMPAIRMENT, INCLUDING, BUT
NOT LIMITED TO, THOSE OF NEUROLOGICAL, EMOTIONAL OR SENSORY ORGANS,
WHICH SUBSTANTIALLY LIMITS ONE OR MORE OF THE INDIVIDUAL'S MAJOR LIFE
ACTIVITIES, AND (II) WHO IS REGARDED AS HAVING SUCH AN IMPAIRMENT AS
CERTIFIED BY A LICENSED PHYSICIAN OF THIS STATE. FOR THE PURPOSES OF
THIS SUBDIVISION, SENIOR CITIZEN SHALL MEAN ANY PERSON WHO IS SIXTY-TWO
YEARS OF AGE OR OLDER.
§ 4. Subdivision (c) of section 26-403.1 of the administrative code of
the city of New York, as amended by section 34 of part B of chapter 97
of the laws of 2011, is amended to read as follows:
(c) 1. In the event that the tenant or tenants either fail to return
the completed certification to the owner on or before the date required
by subdivision (b) of this section or the owner disputes the certif-
ication returned by the tenant or tenants, the owner may, on or before
June thirtieth of such year, petition the state division of housing and
community renewal to verify, pursuant to section one hundred seventy-
one-b of the tax law, whether the total annual income exceeds the dereg-
ulation income threshold in each of the two preceding calendar years.
Within twenty days after the filing of such request with the division,
the division shall notify the tenant or tenants that such tenant or
tenants must provide the division with such information as the division
and the department of taxation and finance shall require to verify
whether the total annual income exceeds the deregulation income thresh-
old in each of the two preceding calendar years. The division's notifi-
cation shall require the tenant or tenants to provide the information to
the division within [sixty] NINETY days of service upon such tenant or
tenants and shall include a warning in bold faced type AT THE TOP OF THE
PAGE that failure to respond [will] MAY RESULT IN AN ORDER OF DECONTROL
BEING ISSUED BY THE DIVISION FOR SUCH HOUSING ACCOMMODATION FOLLOWING A
HEARING TO BE SCHEDULED NOT MORE THAN NINETY DAYS FROM THE DATE THE
DIVISION SENT SUCH TENANT OR TENANTS THE NOTICE PROVIDED IN THIS PARA-
GRAPH, THE NOTIFICATION SHALL ADVISE SUCH TENANT OR TENANTS THAT FAILURE
TO APPEAR AT SUCH HEARING WITHOUT GOOD OR JUST CAUSE MAY result in an
order of deregulation being issued by the division for such housing
accommodation. SUCH TENANT OR TENANTS MAY AUTHORIZE A PERSON OR PERSONS
TO REPRESENT SUCH TENANT'S OR TENANTS' INTEREST AT THE HEARING.
A. 4318 4
2. If the department of taxation and finance determines that the total
annual income is in excess of the deregulation income threshold in each
of the two preceding calendar years, the division shall, on or before
November fifteenth of such year, notify the owner and tenants of the
results of such verification. Both the owner and the tenants shall have
[thirty] SIXTY days within which to comment on such verification
results. Within forty-five days after the expiration of the comment
period, the division shall, where appropriate, issue an order of deregu-
lation providing that such housing accommodation shall not be subject to
the provisions of this law as of the first day of March in the year next
succeeding the filing of the owner's petition with the division. A copy
of such order shall be mailed by regular and certified mail, return
receipt requested, to the tenant or tenants and a copy thereof shall be
sent to the owner.
3. In the event the tenant or tenants fail to [provide the informa-
tion] APPEAR WITHOUT GOOD OR JUST CAUSE AT THE HEARING required pursuant
to paragraph one of this subdivision, the division shall issue, on or
before December first of such year, an order of deregulation providing
that such housing accommodation shall not be subject to the provisions
of this law as of the first day of March in the year next succeeding the
last day on which the tenant or tenants were required to [provide the
information] APPEAR AT THE HEARING required by such paragraph. A copy of
such order shall be mailed by regular and certified mail, return receipt
requested, to the tenant or tenants and a copy thereof shall be sent to
the owner.
4. The provisions of the state freedom of information act shall not
apply to any income information obtained by the division pursuant to
this section.
§ 5. Paragraph 1 of subdivision (a) of section 26-504.3 of the admin-
istrative code of the city of New York, as amended by section 36 of part
B of chapter 97 of the laws of 2011, is amended to read as follows:
1. For purposes of this section, annual income shall mean the federal
adjusted gross income as reported on the New York state income tax
return. Total annual income means the sum of the annual incomes of all
persons whose names are recited as the tenant or co-tenant on a lease
who occupy the housing accommodation and all other persons that occupy
the housing accommodation as their primary residence on other than a
temporary basis, excluding bona fide employees of such occupants resid-
ing therein in connection with such employment, EXCLUDING SENIOR CITI-
ZENS AND DISABLED PERSONS, and excluding bona fide subtenants in occu-
pancy pursuant to the provisions of section two hundred twenty-six-b of
the real property law. [In the case where a housing accommodation is
sublet, the annual income of the tenant or co-tenant recited on the
lease who will reoccupy the housing accommodation upon the expiration of
the sublease shall be considered.] FOR THE PURPOSES OF THIS SUBDIVISION,
DISABLED PERSON SHALL MEAN AN INDIVIDUAL (I) WITH A PHYSICAL OR MENTAL
IMPAIRMENT, INCLUDING, BUT NOT LIMITED TO, THOSE OF NEUROLOGICAL,
EMOTIONAL OR SENSORY ORGANS, WHICH SUBSTANTIALLY LIMITS ONE OR MORE OF
THE INDIVIDUAL'S MAJOR LIFE ACTIVITIES, AND (II) WHO IS REGARDED AS
HAVING SUCH AN IMPAIRMENT AS CERTIFIED BY A LICENSED PHYSICIAN OF THIS
STATE. FOR THE PURPOSES OF THIS SUBDIVISION, SENIOR CITIZEN SHALL MEAN
ANY PERSON WHO IS SIXTY-TWO YEARS OF AGE OR OLDER.
§ 6. Subdivision (c) of section 26-504.3 of the administrative code of
the city of New York, as amended by section 36 of part B of chapter 97
of the laws of 2011, is amended to read as follows:
A. 4318 5
(c) 1. In the event that the tenant or tenants either fail to return
the completed certification to the owner on or before the date required
by subdivision (b) of this section or the owner disputes the certif-
ication returned by the tenant or tenants, the owner may, on or before
June thirtieth of such year, petition the state division of housing and
community renewal to verify, pursuant to section one hundred seventy-
one-b of the tax law, whether the total annual income exceeds the dereg-
ulation income threshold in each of the two preceding calendar years.
Within twenty days after the filing of such request with the division,
the division shall notify the tenant or tenants named on the lease that
such tenant or tenants must provide the division with such information
as the division and the department of taxation and finance shall require
to verify whether the total annual income exceeds the deregulation
income threshold in each of the two preceding calendar years. The divi-
sion's notification shall require the tenant or tenants to provide the
information to the division within [sixty] NINETY days of service upon
such tenant or tenants and shall include a warning in bold faced type AT
THE TOP OF THE PAGE that failure to respond [will] MAY RESULT IN AN
ORDER OF DECONTROL BEING ISSUED BY THE DIVISION FOR SUCH HOUSING ACCOM-
MODATION FOLLOWING A HEARING TO BE SCHEDULED NOT MORE THAN NINETY DAYS
FROM THE DATE THE DIVISION SENT SUCH TENANT OR TENANTS THE NOTICE
PROVIDED IN THIS PARAGRAPH, THE NOTIFICATION SHALL ADVISE SUCH TENANT OR
TENANTS THAT FAILURE TO APPEAR AT SUCH HEARING WITHOUT GOOD OR JUST
CAUSE MAY result in an order being issued by the division providing that
such housing accommodation shall not be subject to the provisions of
this law. SUCH TENANT OR TENANTS MAY AUTHORIZE A PERSON OR PERSONS TO
REPRESENT SUCH TENANT'S OR TENANTS' INTEREST AT THE HEARING.
2. If the department of taxation and finance determines that the total
annual income is in excess of the deregulation income threshold in each
of the two preceding calendar years, the division shall, on or before
November fifteenth of such year, notify the owner and tenants of the
results of such verification. Both the owner and the tenants shall have
[thirty] SIXTY days within which to comment on such verification
results. Within forty-five days after the expiration of the comment
period, the division shall, where appropriate, issue an order providing
that such housing accommodation shall not be subject to the provisions
of this law upon the expiration of the existing lease. A copy of such
order shall be mailed by regular and certified mail, return receipt
requested, to the tenant or tenants and a copy thereof shall be sent to
the owner.
3. In the event the tenant or tenants fail to [provide the informa-
tion] APPEAR WITHOUT GOOD OR JUST CAUSE AT THE HEARING required pursuant
to paragraph one of this subdivision, the division shall issue, on or
before December first of such year, an order providing that such housing
accommodation shall not be subject to the provisions of this law upon
the expiration of the current lease. A copy of such order shall be
mailed by regular and certified mail, return receipt requested, to the
tenant or tenants and a copy thereof shall be sent to the owner.
4. The provisions of the state freedom of information act shall not
apply to any income information obtained by the division pursuant to
this section.
§ 7. Paragraph 1 of subdivision (a) of section 5-a 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 30 of
part B of chapter 97 of the laws of 2011, is amended to read as follows:
A. 4318 6
1. For purposes of this section, annual income shall mean the federal
adjusted gross income as reported on the New York state income tax
return. Total annual income means the sum of the annual incomes of all
persons whose names are recited as the tenant or co-tenant on a lease
who occupy the housing accommodation and all other persons that occupy
the housing accommodation as their primary residence on other than a
temporary basis, excluding bona fide employees of such occupants resid-
ing therein in connection with such employment, EXCLUDING SENIOR CITI-
ZENS AND DISABLED PERSONS, and excluding bona fide subtenants in occu-
pancy pursuant to the provisions of section two hundred twenty-six-b of
the real property law. [In the case where a housing accommodation is
sublet, the annual income of the tenant or co-tenant recited on the
lease who will reoccupy the housing accommodation upon the expiration of
the sublease shall be considered.] FOR THE PURPOSES OF THIS SUBDIVISION,
DISABLED PERSON SHALL MEAN AN INDIVIDUAL (I) WITH A PHYSICAL OR MENTAL
IMPAIRMENT, INCLUDING, BUT NOT LIMITED TO, THOSE OF NEUROLOGICAL,
EMOTIONAL OR SENSORY ORGANS, WHICH SUBSTANTIALLY LIMITS ONE OR MORE OF
THE INDIVIDUAL'S MAJOR LIFE ACTIVITIES, AND (II) WHO IS REGARDED AS
HAVING SUCH AN IMPAIRMENT AS CERTIFIED BY A LICENSED PHYSICIAN OF THIS
STATE. FOR THE PURPOSES OF THIS SUBDIVISION, SENIOR CITIZEN SHALL MEAN
ANY PERSON WHO IS SIXTY-TWO YEARS OF AGE OR OLDER.
§ 8. Subdivision (c) of section 5-a 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 section 30 of part B of chapter 97 of
the laws of 2011, is amended to read as follows:
(c) 1. In the event that the tenant or tenants either fail to return
the completed certification to the owner on or before the date required
by subdivision (b) of this section or the owner disputes the certif-
ication returned by the tenant or tenants, the owner may, on or before
June thirtieth of such year, petition the state division of housing and
community renewal to verify, pursuant to section one hundred seventy-
one-b of the tax law, whether the total annual income exceeds the dereg-
ulation income threshold in each of the two preceding calendar years.
Within twenty days after the filing of such request with the division,
the division shall notify the tenant or tenants that such tenant or
tenants named on the lease must provide the division with such informa-
tion as the division and the department of taxation and finance shall
require to verify whether the total annual income exceeds the deregu-
lation income threshold in each of the two preceding calendar years. The
division's notification shall require the tenant or tenants to provide
the information to the division within [sixty] NINETY days of service
upon such tenant or tenants and shall include a warning in bold faced
type AT THE TOP OF THE PAGE that failure to respond [will] MAY RESULT IN
AN ORDER OF DECONTROL BEING ISSUED BY THE DIVISION FOR SUCH HOUSING
ACCOMMODATION FOLLOWING A HEARING TO BE SCHEDULED NOT MORE THAN NINETY
DAYS FROM THE DATE THE DIVISION SENT SUCH TENANT OR TENANTS THE NOTICE
PROVIDED IN THIS PARAGRAPH, THE NOTIFICATION SHALL ADVISE SUCH TENANT OR
TENANTS THAT FAILURE TO APPEAR AT SUCH HEARING WITHOUT GOOD OR JUST
CAUSE MAY result in an order being issued by the division providing that
such housing accommodations shall not be subject to the provisions of
this act. SUCH TENANT OR TENANTS MAY AUTHORIZE A PERSON OR PERSONS TO
REPRESENT SUCH TENANT'S OR TENANTS' INTEREST AT THE HEARING.
2. If the department of taxation and finance determines that the total
annual income is in excess of the deregulation income threshold in each
of the two preceding calendar years, the division shall, on or before
November fifteenth of such year, notify the owner and tenants of the
A. 4318 7
results of such verification. Both the owner and the tenants shall have
[thirty] SIXTY days within which to comment on such verification
results. Within forty-five days after the expiration of the comment
period, the division shall, where appropriate, issue an order providing
that such housing accommodation shall not be subject to the provisions
of this act upon expiration of the existing lease. A copy of such order
shall be mailed by regular and certified mail, return receipt requested,
to the tenant or tenants and a copy thereof shall be sent to the owner.
3. In the event the tenant or tenants fail to [provide the informa-
tion] APPEAR WITHOUT GOOD OR JUST CAUSE AT THE HEARING required pursuant
to paragraph one of this subdivision, the division [shall] MAY issue, on
or before December first of such year, an order providing that such
housing accommodation shall not be subject to the provisions of this act
upon the expiration of the current lease. A copy of such order shall be
mailed by regular and certified mail, return receipt requested, to the
tenant or tenants and a copy thereof shall be sent to the owner.
4. The provisions of the state freedom of information act shall not
apply to any income information obtained by the division pursuant to
this section.
§ 9. This act shall take effect immediately; provided that the amend-
ments to section 2-a of the emergency housing rent control law 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
in subdivision 2 of section 1 of chapter 274 of the laws of 1946;
provided further that the amendments to section 26-403.1 of the city
rent and rehabilitation law made by sections three and four of this act
shall remain in full force and effect only so long as the public emer-
gency 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; provided further that the
amendments to section 26-504.3 of the rent stabilization law of nineteen
hundred sixty-nine made by sections five and six 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 amendments to section 5-a of the emergency
tenant protection act of nineteen seventy-four made by sections seven
and eight 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.