NY State Senate Bill 2017-S3558

Senate Bill S3558

2017-2018 Legislative Session

Eliminates prohibition on owners and managers of rent regulated property, and officers of owners and tenant organizations from being members of a rent guidelines board

download bill text pdf

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to housing, construction and community development
Jan 24, 2017	referred to housing, construction and community development

2017-S3558 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Emergency Tenant Protection Act of 1974
Laws Affected:: Amd §4, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7284
2013-2014: S2045
2015-2016: S2280

2017-S3558 (ACTIVE) - Summary

Eliminates the prohibition on owners and managers of rent regulated property, and officers of owners and tenant organizations from being members of a rent guidelines board.

2017-S3558 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3558

 TITLE OF BILL :  An act to amend the emergency tenant protection act
of nineteen seventy-four, in relation to eliminating the prohibition
on owners and managers of rent regulated property, and officers of
tenant and owners organizations from being members of a rent
guidelines board

 PURPOSE :

To expand the pool of qualified and knowledgeable applicants eligible
to serve on the rent guidelines boards in Nassau, Westchester, and
Rockland counties.

 SUMMARY OF PROVISIONS :

Section 1. The bill amends subdivision a of section 4 of section 4 of
chapter 576 of the laws of 1974, the emergency tenant protection act
to eliminate the prohibition on owners and managers of rent regulated
property and officers of tenant organizations from serving on a rent
guidelines board in Nassau, Westchester and Rockland Counties.

Section 2. Effective date.

 JUSTIFICATION :

The Emergency Tenant Protection Act of 1974 (ETPA) provides for the
establishment of a rent guidelines board to enforce the provisions of
rent stabilization in various municipalities in Westchester, Nassau,
and Rockland counties where a rental emergency has been declared.
This law also provides for the size and makeup of the board
membership, the selection process, the length of service, cause for
removal, compensation and duties all of which remain unchanged under
the provision of this bill. The proposed change would eliminate the
restriction in existing law that prohibits any person who owns or
manages real estate covered by this law, or who is an officer of any
owner or tenant organization from serving on a rent guidelines board
in these counties. This bill would allow industry representatives as
well as tenant advocates to serve on a suburban rent guidelines board.
At present, while tenants can serve, members of their organizations
cannot and neither landlords nor members of their organizations can
serve. As presently written the law eliminates a significant pool of
qualified people from serving on these boards and lending their
expertise to the board.

 LEGISLATIVE HISTORY :

2015-16: S.2280 Referred to Housing, Construction and Community
Development Committee
2013-2014: S.2045/A.1309 Referred to Housing, Construction and
Community Development Committee
2012: S.7284/A.10688 Referred to Housing, Construction and Community
Development Committee

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S3558 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3558
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2017
                                ___________
 
 Introduced  by  Sen.  LITTLE -- 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, in relation to eliminating  the  prohibition  on  owners  and
   managers of rent regulated property, and officers of tenant and owners
   organizations from being 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 years experience in either finance,
 economics or housing. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07650-01-7

 S. 3558                             2
 
 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  Janu-
 ary  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 quali-
 fied.  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  coun-
 sel,  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 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. This act shall take effect immediately; provided that the  amend-
 ments  to  subdivision a of 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.

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