S T A T E O F N E W Y O R K
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7318
2019-2020 Regular Sessions
I N A S S E M B L Y
April 22, 2019
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Introduced by M. of A. O'DONNELL -- Multi-Sponsored by -- M. of A.
EPSTEIN -- read once and referred to the Committee on Housing
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 prohibiting deregulation without verification of the tax
abatement/credit status of a building and requiring local agencies to
notify the state division of housing and community renewal of approval
of an application for a tax exemption
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The administrative code of the city of New York is amended
by adding a new section 26-504.4 to read as follows:
§ 26-504.4 DEREGULATION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO
THE CONTRARY, THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL
VERIFY CURRENT TAX ABATEMENT/CREDIT STATUS OF BUILDINGS BEFORE ALLOWING
UNITS TO BE DEREGULATED UNDER ANY APPLICABLE PROVISION OF LAW.
§ 2. The administrative code of the city of New York is amended by
adding a new section 26-517.2 to read as follows:
§ 26-517.2 ADDITIONAL INFORMATION. A. IN ADDITION TO PROVIDING TENANTS
WITH REGISTRATION INFORMATION AS REQUIRED BY SUBDIVISIONS D AND F OF
SECTION 26-517 OF THIS CHAPTER, THE STATE DIVISION OF HOUSING AND COMMU-
NITY RENEWAL SHALL GIVE NOTICE IN WRITING TO ALL OWNERS OF BUILDINGS
REGULATED PURSUANT TO THIS CHAPTER THAT (I) SUCH OWNER MUST REGISTER
EACH UNIT AS RENT STABILIZED PURSUANT TO SECTION 26-517 OF THIS CHAPTER;
(II) SUCH OWNER MUST ISSUE RENT STABILIZED LEASES TO ALL RENTAL TENANTS;
AND (III) FAILURE TO REGISTER PURSUANT TO SECTION 26-517 OF THIS CHAPTER
MAY SUBJECT SUCH OWNER TO FINES AND PENALTIES AS PROVIDED IN THIS CHAP-
TER. IN ADDITION, A COPY OF THE NOTICE REQUIRED PURSUANT TO THIS SECTION
MUST BE MAILED BY THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL TO
THE TENANT IN OCCUPANCY OF EACH UNIT REGULATED PURSUANT TO THIS CHAPTER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11039-01-9
A. 7318 2
B. NOTICE REQUIRED PURSUANT TO THIS SECTION SHALL BE PROVIDED ANNUAL-
LY. SUCH NOTICE SHALL ALSO BE PROVIDED WHEN A NEW TENANT TAKES OCCUPANCY
OF A REGULATED UNIT.
C. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, LOCAL
AGENCIES SHALL IMMEDIATELY NOTIFY THE STATE DIVISION OF HOUSING AND
COMMUNITY RENEWAL IN WRITING, ON A FORM APPROVED BY THE COMMISSIONER OF
THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, THAT AN APPLICATION
FOR AN EXEMPTION UNDER SECTION FOUR HUNDRED TWENTY-ONE-A OF THE REAL
PROPERTY TAX LAW HAS BEEN APPROVED. SUCH NOTIFICATION SHALL PROVIDE THE
BEGINNING AND END DATES OF SUCH EXEMPTION.
§ 3. Section 4 of chapter 576 of the laws of 1974, constituting the
emergency tenant protection act of nineteen seventy-four, is amended by
adding a new section 5-b to read as follows:
§ 5-B. DEREGULATION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL
VERIFY CURRENT TAX ABATEMENT STATUS OF BUILDINGS BEFORE ALLOWING UNITS
TO BE DEREGULATED UNDER ANY APPLICABLE PROVISION OF LAW.
§ 4. Section 4 of chapter 576 of the laws of 1974, constituting the
emergency tenant protection act of nineteen seventy-four, is amended by
adding a new section 12-b to read as follows:
§ 12-B. ADDITIONAL INFORMATION. A. IN ADDITION TO PROVIDING TENANTS
WITH REGISTRATION INFORMATION AS REQUIRED BY SUBDIVISIONS D AND F OF
SECTION 12-A OF THIS SECTION, THE STATE DIVISION OF HOUSING AND COMMUNI-
TY RENEWAL SHALL GIVE NOTICE IN WRITING TO ALL OWNERS OF BUILDINGS REGU-
LATED PURSUANT TO THIS CHAPTER THAT (I) SUCH OWNER MUST REGISTER EACH
UNIT AS RENT STABILIZED; (II) SUCH OWNER MUST ISSUE RENT STABILIZED
LEASES TO ALL RENTAL TENANTS; AND (III) FAILURE TO REGISTER PURSUANT TO
SECTION 12-A OF THIS SECTION MAY SUBJECT SUCH OWNER TO FINES AND PENAL-
TIES AS PROVIDED IN THIS ACT. IN ADDITION, A COPY OF THE NOTICE REQUIRED
PURSUANT TO THIS SECTION MUST BE MAILED BY THE STATE DIVISION OF HOUSING
AND COMMUNITY RENEWAL TO THE TENANT IN OCCUPANCY OF EACH UNIT REGULATED
PURSUANT TO THIS CHAPTER.
B. NOTICE REQUIRED PURSUANT TO THIS SECTION SHALL BE PROVIDED ANNUAL-
LY. SUCH NOTICE SHALL ALSO BE PROVIDED WHEN A NEW TENANT TAKES OCCUPANCY
OF A REGULATED UNIT.
§ 5. Section 13 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 403 of the laws of 1983, is amended to read
as follows:
§ 13. Cooperation with other governmental agencies. A. The state divi-
sion of housing and community renewal and any rent guidelines board may
request and shall receive cooperation and assistance in effectuating the
purposes of this act from all departments, divisions, boards, bureaus,
commissions or agencies of the state and political subdivisions thereof.
B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, LOCAL
AGENCIES SHALL IMMEDIATELY NOTIFY THE STATE DIVISION OF HOUSING AND
COMMUNITY RENEWAL IN WRITING, ON A FORM APPROVED BY THE COMMISSIONER OF
THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, THAT AN APPLICATION
FOR AN EXEMPTION UNDER SECTION FOUR HUNDRED TWENTY-ONE-A OF THE REAL
PROPERTY TAX LAW HAS BEEN APPROVED. SUCH NOTIFICATION SHALL PROVIDE THE
BEGINNING AND END DATES OF SUCH EXEMPTION.
§ 6. This act shall take effect on the sixtieth day after it shall
have become a law; provided that the amendments to chapter 4 of title 26
of the administrative code of the city of New York 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 under
A. 7318 3
section 26-520 of such law; and provided, further, that the amendments
to the emergency tenant protection act of nineteen seventy-four made by
sections three, four and five 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.