NY State Senate Bill 2017-S1796

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 10, 2017	referred to housing, construction and community development

co-Sponsors

2017-S1796 (ACTIVE) - Details

See Senate Version of this Bill:: S7034
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-510, NYC Ad Cd; amd §4, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1731
2011-2012: S741
2013-2014: S208
2015-2016: S196
2019-2020: S5141
2021-2022: S2856

2017-S1796 (ACTIVE) - Summary

Relates to the appointment and qualifications of members of rent boards.

2017-S1796 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1796

 TITLE OF BILL :  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

 PURPOSE :

The purpose of this bill to make more democratic the appointment of
members of rent guidelines boards and to enhance the qualifications of
the public members.

 SUMMARY OF PROVISIONS :

Section 1: Amends the New York City Rent Stabilization Law. The bill
gives the New York City Council an advice and consent role in the
mayoral appointment of New York City Rent Guidelines Board members.
In addition, the bill removes a provision that the chair of the board
serves at the pleasure of the Mayor. Members of the Rent Guidelines
Board can now be removed for cause by the City Council and for the
replacement of such members. It adds experience in public service,
social services, urban planning, and social sciences to the list of
qualifications for appointment as public members.

Section 2: Amends the Emergency Tenant Protection Act of 1974. It
gives the county executives of the counties of Nassau, Westchester and

Rockland the power to appoint members of the county rent guidelines
boards with the advice and consent of the respective county
legislatures. It provides for the removal of members for cause by the
county legislature and for the replacement of such members. It adds
experience in public service, social services, urban planning, and
social sciences to the list of qualifications for appointment as
public members.

Section 3 sets forth the effective date.

 JUSTIFICATION :

Requiring City Council confirmation of the Mayor's appointees to the
New York City Rent Guidelines Board provides for a system of checks
and balances that is an essential component of our democracy.
Legislative continuation enhances home rule in the vital area of rent
regulation. It also acknowledges the important role of the public
officials serving on the New York City Rent Guidelines Board.

Removing the state Division of Housing and Community Renewal (DHCR)
from its current role in choosing members of the rent guidelines
boards in Nassau, Westchester and Rockland counties also serves to
make the appointment process more democratic. The elected county
executives should appoint the board members with the advice and
consent of their county legislatures. The DHCR, as an enforcement
agency under the Emergency Tenant Protection Act, should not have a
role in the selection of the officials who decide upon the rent
guidelines that the agency must enforce.

By broadening the types of qualifications that are required for public
members of the guidelines boards, the bill gives the appointing
officials greater latitude to choose persons of experience in a
variety of disciplines, rather than only in finance, economics and
housing. This will enable the public members to reflect a broader
perspective on the rent setting process than was previously available
and will enhance the deliberations of the boards.

 LEGISLATIVE HISTORY :


2016: S196A/A5584 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY
DEVELOPMENT/ referred to housing
2015: S196/A5584 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY
DEVELOPMENT/ referred to housing
2014: S208/A104 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY
DEVELOPMENT/Passed Assembly
2013: S208/A104REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY
DEVELOPMENT/Passed Assembly
2012: S741/A6394 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY
DEVELOPMENT/Passed Assembly
2011: S741/A6394 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY
DEVELOPMENT/ referred to housing
2010: S1731(Espada)/A8240 - REFERRED TO HOUSING, CONSTRUCTION AND
COMMUNITY DEVELOPMENT/ referred to housing
2009: S1731(Espada)/A8240 - REFERRED TO HOUSING, CONSTRUCTION AND
COMMUNITY DEVELOPMENT/ referred to housing

 FISCAL IMPACT ON THE STATE :

None.

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding 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 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.

2017-S1796 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1796
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 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
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01118-01-7

 S. 1796                             2
 
 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.
   §  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
 [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

 S. 1796                             3
 
 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.
   §  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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S1796

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

co-Sponsors

2017-S1796 (ACTIVE) - Details

2017-S1796 (ACTIVE) - Summary

2017-S1796 (ACTIVE) - Sponsor Memo

2017-S1796 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1796

Share this bill

Sponsored By

Daniel L. Squadron

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

co-Sponsors

Tony Avella

Brad Hoylman-Sigal

2017-S1796 (ACTIVE) - Details

2017-S1796 (ACTIVE) - Summary

2017-S1796 (ACTIVE) - Sponsor Memo

2017-S1796 (ACTIVE) - Bill Text download pdf

Comments