Senate Bill S3337

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3337
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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 emergency tenant protection act of nineteen seven-
   ty-four and the administrative code  of  the  city  of  New  York,  in
   relation to alternates on rent guidelines 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 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 AND THREE ALTERNATES
 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 emergen-
 cy in such county; two such members AND  ONE  SUCH  ALTERNATE  shall  be
 representative of tenants, two SUCH MEMBERS AND ONE SUCH ALTERNATE shall
 be  representative  of owners of property, and five SUCH MEMBERS AND ONE
 SUCH ALTERNATE shall be public [members] REPRESENTATIVES, each  of  whom
 shall have had at least five years experience in either finance, econom-
 ics,  or  housing.  One public member shall be designated by the commis-
 sioner to serve as [chairman] CHAIRPERSON 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 guide-
 lines board. One public member, one member, THE ALTERNATE representative
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08620-01-7

 S. 3337                             2
 
 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 AND THE ALTERNATE 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  AND  THE
 PUBLIC  ALTERNATE  shall  serve for terms ending four years from January
 first next succeeding the dates of their appointment.   Thereafter,  all
 members AND ALTERNATES shall serve for terms of four years each. Members
 AND ALTERNATES 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. A member OR ALTERNATE may be
 removed by the commissioner 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]  DAYS' notice. Compensation for the members AND ALTER-
 NATES 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-
 PERSON 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 ALTERNATES and the costs
 of staff assistance shall be paid by the division of housing and  commu-
 nity  renewal,  which  shall  be  reimbursed in the manner prescribed in
 section [four] EIGHT of this act.  AN ALTERNATE SHALL  ONLY  PARTICIPATE
 AS  A  VOTING  MEMBER IN THE PROCEEDINGS OF THE BOARD AND BE PAID WHEN A
 MEMBER, REPRESENTING THE SAME INTEREST AS THE ALTERNATE,  IS  UNABLE  TO
 FULFILL HIS OR HER DUTIES ON THE BOARD. ALTERNATES SHALL BE PERMITTED TO
 PARTICIPATE  IN  ALL PROCEEDINGS OF THE BOARD AS NON-VOTING MEMBERS. 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  deter-
 mined  to exist as herein provided [shall be] IS 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  accommo-
 dations in such city, town, or village, as the case may be.
   § 2. Subdivisions a and c of section 26-510 of the administrative code
 of the city of New York are amended to read as follows:
   a.  There shall be a rent guidelines board, to consist of nine members
 AND THREE ALTERNATES, appointed by the mayor. Two members AND ONE ALTER-
 NATE shall be representative of tenants, two MEMBERS AND  ONE  ALTERNATE
 shall  be representative of owners of property, and five MEMBERS AND ONE
 ALTERNATE shall be public [members] REPRESENTATIVES, each of whom  shall
 have had at least five years experience in either finance, economics, or
 housing.  One public member shall be designated by the mayor to serve as
 [chairman] CHAIRPERSON 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,  AND  ONE  ALTERNATE  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, AND ONE  ALTERNATE  representative  of  owners  shall

 S. 3337                             3
 
 serve  for terms ending three years from the January first next succeed-
 ing the date of their appointment; and two public members AND THE PUBLIC
 ALTERNATE shall serve for terms ending four  years  from  January  first
 next  succeeding  the dates of their appointment.  The [chairman] CHAIR-
 PERSON shall serve at the pleasure of the mayor. Thereafter, all members
 AND ALTERNATES shall continue in office until their successors have been
 appointed and qualified. The mayor shall  fill  any  vacancy  which  may
 occur by reason of death, resignation, or otherwise in a manner consist-
 ent  with the original appointment. A member OR ALTERNATE may be removed
 by the mayor 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] DAYS' notice. AN ALTERNATE SHALL ONLY  PARTICIPATE  AS  A  VOTING
 MEMBER  IN  THE  PROCEEDINGS  OF  THE  BOARD  AND BE PAID WHEN A MEMBER,
 REPRESENTING THE SAME INTEREST AS THE ALTERNATE, IS  UNABLE  TO  FULFILL
 HIS OR HER DUTIES ON THE BOARD. ALTERNATES SHALL BE PERMITTED TO PARTIC-
 IPATE IN ALL PROCEEDINGS OF THE BOARD AS NON-VOTING MEMBERS.
   c.  Such  members  AND  ALTERNATES  shall be compensated on a per diem
 basis of one hundred dollars per day for no more than twenty-five days a
 year, except that the [chairman] CHAIRPERSON shall be compensated at one
 hundred twenty-five dollars a day for no more than fifty  days  a  year.
 The  [chairman] CHAIRPERSON shall be chief administrative officer of the
 rent guidelines board and among his or her powers and duties he  or  she
 shall  have the authority to employ, assign, and supervise the employees
 of the rent guidelines board and enter  into  contracts  for  consultant
 services.   The department of housing preservation and development shall
 cooperate with the rent guidelines board and may  assign  personnel  and
 perform  such  services in connection with the duties of the rent guide-
 lines board as may reasonably be required by the [chairman] CHAIRPERSON.
   § 3. This act shall take effect immediately; provided that the  amend-
 ment  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; and
 further provided that the  amendment  to  section  26-510  of  the  rent
 stabilization  law of nineteen hundred sixty-nine made by section 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.