S T A T E O F N E W Y O R K
________________________________________________________________________
7730
2019-2020 Regular Sessions
I N A S S E M B L Y
May 17, 2019
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Aging
AN ACT to amend the administrative code of the city of New York and the
real property tax law, in relation to notice regarding the rent
increase exemption for low income elderly persons and persons with
disabilities programs
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 26-605.2 to read as follows:
§ 26-605.2 REQUIRED NOTICE. (A) A TENANT RESIDING IN A DWELLING UNIT
SUBJECT TO THE PROVISIONS OF THIS CHAPTER SHALL BE FURNISHED A NOTICE
INFORMING SUCH TENANT ABOUT HIS OR HER POTENTIAL ELIGIBILITY FOR A RENT
INCREASE EXEMPTION PURSUANT TO THIS CHAPTER AND THE REAL PROPERTY TAX
LAW. THE FORM AND CONTENT OF SUCH NOTICE SHALL BE PROMULGATED BY THE
COMMISSIONER OF FINANCE AND SHALL INCLUDE THE STATEMENT:
"YOU MAY BE ELIGIBLE TO HAVE YOUR RENT FROZEN IF YOU ARE AGED 62 OR
OVER OR DISABLED, HAVE AN ANNUAL HOUSEHOLD INCOME OF $50,000 OR LESS AND
PAY MORE THAN ONE-THIRD OF YOUR INCOME TOWARD YOUR RENT. FOR MORE INFOR-
MATION ABOUT YOUR ELIGIBILITY TO HAVE YOUR RENT FROZEN, CALL 311 OR
VISIT (INSERT URL OF THE CURRENT WEBSITE OF THE AGENCY DESIGNATED)."
(B) THE NOTICE REQUIRED BY SUBDIVISION (A) OF THIS SECTION SHALL BE
FURNISHED BY THE FOLLOWING AGENCIES OR INDIVIDUALS AT THE SAME TIME AS
THE NOTICE REQUIRED BY THE OCCURRENCE OF THE FOLLOWING EVENTS:
(1) THE STATE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL SHALL
PROVIDE SUCH NOTICE TO A TENANT IN THE EVENT OF:
(I) RECEIPT OF AN APPLICATION FOR A RENT ADJUSTMENT DUE TO A MAJOR
CAPITAL IMPROVEMENT;
(II) A RENT INCREASE PURSUANT TO SECTION THIRTY-ONE OF THE PRIVATE
HOUSING FINANCE LAW;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06058-03-9
A. 7730 2
(III) RECEIPT OF THE ANNUAL CERTIFICATION REQUIRED BY SECTION THIRTY-
ONE OF THE PRIVATE HOUSING FINANCE LAW; AND
(IV) FOR DWELLING UNITS SUBJECT TO CHAPTER THREE OF THIS TITLE, A
MAXIMUM BASE RENT ADJUSTMENT OR HEATING FUEL COST ADJUSTMENT PURSUANT TO
PARAGRAPH ONE OF SUBDIVISION G OF SECTION 26-405 OF THIS TITLE.
(2) THE COMMISSIONER OF HOUSING PRESERVATION AND DEVELOPMENT SHALL
PROVIDE SUCH NOTICE TO A TENANT WHEN A LEASE RIDER IS REQUIRED BY 9
NYCRR 2522.5(E)(2) FOR A LEASE CONTAINING AN ESCALATOR CLAUSE PROVIDING
FOR AN ANNUAL OR OTHER PERIODIC 2.2 PERCENT RENT INCREASE FOR BUILDINGS
RECEIVING BENEFITS PURSUANT TO SECTION FOUR HUNDRED TWENTY-ONE-A OF THE
REAL PROPERTY TAX LAW.
(3) THE LANDLORD OF A DWELLING UNIT SHALL PROVIDE SUCH NOTICE TO A
TENANT:
(I) WITH AN INITIAL LEASE AND ANY RENEWAL LEASE; AND
(II) UPON THE ANNUAL REGISTRATION OF A HOUSING ACCOMMODATION AS
REQUIRED BY SECTION 26-517 OF THIS TITLE.
(C) WHEN NOTICE IS FURNISHED PURSUANT TO PARAGRAPH ONE OR TWO OF
SUBDIVISION (B) OF THIS SECTION, SUCH NOTICE SHALL INCLUDE SPECIFIC
INFORMATION AS TO THE AGENCY PROVIDING SUCH NOTICE.
§ 2. Subdivision 3 of section 467-b of the real property tax law is
amended by adding a new paragraph j to read as follows:
J. (1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A TENANT
RESIDING IN A DWELLING UNIT SUBJECT TO THE PROVISIONS OF THIS SECTION
SHALL BE FURNISHED A NOTICE INFORMING SUCH TENANT ABOUT HIS OR HER
POTENTIAL ELIGIBILITY FOR A RENT INCREASE EXEMPTION PURSUANT TO THIS
SECTION. THE FORM AND CONTENT OF SUCH NOTICE SHALL BE PROMULGATED BY
THE STATE COMMISSIONER OF TAXATION AND FINANCE AND SHALL INCLUDE THE
STATEMENT:
"YOU MAY BE ELIGIBLE TO HAVE YOUR RENT FROZEN IF YOU ARE AGED 62 OR
OVER OR DISABLED, MEET HOUSEHOLD INCOME REQUIREMENTS AND PAY MORE THAN
ONE-THIRD OF YOUR INCOME TOWARDS YOUR RENT. FOR MORE INFORMATION ABOUT
YOUR ELIGIBILITY TO HAVE YOUR RENT FROZEN, CALL (INSERT PHONE NUMBER OF
THE AGENCY DESIGNATED) OR VISIT (INSERT URL OF THE CURRENT WEBSITE OF
THE AGENCY DESIGNATED)."
(2) THE NOTICE REQUIRED BY SUBPARAGRAPH ONE OF THIS PARAGRAPH SHALL BE
FURNISHED BY THE FOLLOWING AGENCIES OR INDIVIDUALS AT THE SAME TIME AS
THE NOTICE REQUIRED BY THE OCCURRENCE OF THE FOLLOWING EVENTS:
(A) THE STATE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL SHALL
PROVIDE SUCH NOTICE TO A TENANT IN THE EVENT OF:
(I) RECEIPT OF AN APPLICATION FOR A RENT ADJUSTMENT DUE TO A MAJOR
CAPITAL IMPROVEMENT;
(II) A RENT INCREASE PURSUANT TO SECTION THIRTY-ONE OF THE PRIVATE
HOUSING FINANCE LAW;
(III) RECEIPT OF THE ANNUAL CERTIFICATION REQUIRED BY SECTION THIRTY-
ONE OF THE PRIVATE HOUSING FINANCE LAW; AND
(IV) FOR DWELLING UNITS SUBJECT TO CHAPTER THREE OF TITLE TWENTY-SIX
OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, A MAXIMUM BASE RENT
ADJUSTMENT OR HEATING FUEL COST ADJUSTMENT PURSUANT TO PARAGRAPH ONE OF
SUBDIVISION G OF SECTION 26-405 OF THE ADMINISTRATIVE CODE OF THE CITY
OF NEW YORK.
(B) THE COMMISSIONER OF HOUSING PRESERVATION AND DEVELOPMENT SHALL
PROVIDE SUCH NOTICE TO A TENANT WHEN A LEASE RIDER IS REQUIRED BY 9
NYCRR 2522.5(E)(2) FOR A LEASE CONTAINING AN ESCALATOR CLAUSE PROVIDING
FOR AN ANNUAL OR OTHER PERIODIC 2.2 PERCENT RENT INCREASE FOR BUILDINGS
RECEIVING BENEFITS PURSUANT TO SECTION FOUR HUNDRED TWENTY-ONE-A OF THIS
TITLE.
A. 7730 3
(C) THE LANDLORD OF A DWELLING UNIT SHALL PROVIDE SUCH NOTICE TO A
TENANT:
(I) WITH AN INITIAL LEASE AND ANY RENEWAL LEASE; AND
(II) UPON THE ANNUAL REGISTRATION OF A HOUSING ACCOMMODATION AS
REQUIRED BY SECTION 26-517 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW
YORK.
(3) WHEN NOTICE IS FURNISHED PURSUANT TO ITEM (I) OR (II) OF CLAUSE
(A) OF SUBPARAGRAPH TWO OF THIS PARAGRAPH, SUCH NOTICE SHALL INCLUDE
SPECIFIC INFORMATION AS TO THE AGENCY PROVIDING SUCH NOTICE.
§ 3. Subdivision 3 of section 467-c of the real property tax law is
amended by adding a new paragraph e to read as follows:
E. (1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A TENANT
RESIDING IN A DWELLING UNIT SUBJECT TO THE PROVISIONS OF THIS SECTION
SHALL BE FURNISHED A NOTICE INFORMING SUCH TENANT ABOUT HIS OR HER
POTENTIAL ELIGIBILITY FOR A RENT INCREASE EXEMPTION PURSUANT TO THIS
SECTION. THE FORM AND CONTENT OF SUCH NOTICE SHALL BE PROMULGATED BY
THE STATE COMMISSIONER OF TAXATION AND FINANCE AND SHALL INCLUDE THE
STATEMENT:
"YOU MAY BE ELIGIBLE TO HAVE YOUR RENT FROZEN IF YOU ARE AGED 62 OR
OVER OR DISABLED, MEET HOUSEHOLD INCOME REQUIREMENTS AND PAY MORE THAN
ONE-THIRD OF YOUR INCOME TOWARDS YOUR RENT. FOR MORE INFORMATION ABOUT
YOUR ELIGIBILITY TO HAVE YOUR RENT FROZEN, CALL (INSERT PHONE NUMBER OF
THE AGENCY DESIGNATED) OR VISIT (INSERT URL OF THE CURRENT WEBSITE OF
THE AGENCY DESIGNATED)."
(2) THE NOTICE REQUIRED BY SUBPARAGRAPH ONE OF THIS PARAGRAPH SHALL BE
FURNISHED BY THE FOLLOWING AGENCIES OR INDIVIDUALS AT THE SAME TIME AS
THE NOTICE REQUIRED BY THE OCCURRENCE OF THE FOLLOWING EVENTS:
(A) THE STATE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL SHALL
PROVIDE SUCH NOTICE TO A TENANT IN THE EVENT OF:
(I) RECEIPT OF AN APPLICATION FOR A RENT ADJUSTMENT DUE TO A MAJOR
CAPITAL IMPROVEMENT;
(II) A RENT INCREASE PURSUANT TO SECTION THIRTY-ONE OF THE PRIVATE
HOUSING FINANCE LAW;
(III) RECEIPT OF THE ANNUAL CERTIFICATION REQUIRED BY SECTION THIRTY-
ONE OF THE PRIVATE HOUSING FINANCE LAW; AND
(IV) FOR DWELLING UNITS SUBJECT TO CHAPTER THREE OF TITLE TWENTY-SIX
OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, A MAXIMUM BASE RENT
ADJUSTMENT OR HEATING FUEL COST ADJUSTMENT PURSUANT TO PARAGRAPH ONE OF
SUBDIVISION G OF SECTION 26-405 OF THE ADMINISTRATIVE CODE OF THE CITY
OF NEW YORK.
(B) THE LANDLORD OF A DWELLING UNIT SHALL PROVIDE SUCH NOTICE TO A
TENANT:
(I) WITH AN INITIAL LEASE AND ANY RENEWAL LEASE; AND
(II) UPON THE ANNUAL REGISTRATION OF A HOUSING ACCOMMODATION.
(3) WHEN NOTICE IS FURNISHED PURSUANT TO CLAUSE (A) OF SUBPARAGRAPH
TWO OF THIS PARAGRAPH, SUCH NOTICE SHALL INCLUDE SPECIFIC INFORMATION AS
TO THE AGENCY PROVIDING SUCH NOTICE.
§ 4. This act shall take effect on the thirtieth day after it shall
have become a law; provided, however, that the amendments to section
467-b of the real property tax law made by section two of this act shall
not affect the expiration of such section and shall expire therewith.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made and completed on or
before such effective date.