S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7990--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 30, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Housing -- recommitted to the  Committee  on  Housing  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 AN  ACT  to  amend  the  real property law, in relation to violations of
   certain notice requirements; and to amend the real property  tax  law,
   in relation to prohibiting landlords from including incorrect informa-
   tion relating to rent decontrol in certain leases and renewals thereof
   pertaining to units subject to the Affordable New York Housing Program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property law is amended by adding  a  new  section
 235-i to read as follows:
   § 235-I. WILLFUL VIOLATIONS OF CERTAIN NOTICE REQUIREMENTS. A LANDLORD
 OR  ANY  PERSON  ACTING ON BEHALF OF THE LANDLORD WHO WILLFULLY INCLUDES
 INFORMATION HE OR SHE KNOWS TO BE MISLEADING OR INCORRECT INFORMATION IN
 ANY NOTICE PROVIDED PURSUANT TO SUBPARAGRAPH (II) OF  PARAGRAPH  (F)  OF
 SUBDIVISION TWO OF SECTION FOUR HUNDRED TWENTY-ONE-A OF THE REAL PROPER-
 TY TAX LAW IS GUILTY OF A VIOLATION PUNISHABLE BY A FINE OF ONE THOUSAND
 DOLLARS.
   §  2.  Subparagraph  (ii) of paragraph (f) of subdivision 2 of section
 421-a of the real property tax law, as amended by  chapter  289  of  the
 laws of 1985, is amended to read as follows:
   (ii)  with  respect to units which become subject to the provisions of
 this section after the effective date of  this  subparagraph,  such  tax
 benefit period as provided in the opening paragraph of this paragraph or
 applicable  law  or  act  shall  have  expired and either each lease and
 renewal thereof for such unit for the tenant in residence at the time of
 such decontrol has included a notice  in  at  least  twelve  point  type
 informing  such tenant that the unit shall become subject to such decon-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              
             
                          
                                                                            LBD10963-04-0
 A. 7990--A                          2
 
 trol upon the expiration of such tax benefit period as provided  in  the
 opening  paragraph of this paragraph or applicable law or act and states
 the approximate date on which such tax benefit period as provided in the
 opening paragraph of this paragraph is scheduled to expire; or such unit
 becomes  vacant  as  provided  under subparagraph (i) of this paragraph.
 NOTWITHSTANDING THE PROVISIONS OF THIS SUBPARAGRAPH, THE NOTICE REQUIRED
 BY THIS SUBDIVISION SHALL NOT BE INCLUDED IN ANY LEASE OR RENEWAL THERE-
 OF IF THE UNIT TO WHICH THE  LEASE  OR  RENEWAL  THEREOF  PERTAINS  WILL
 REMAIN  SUBJECT  TO RENT REGULATION OR RENT CONTROL PURSUANT TO AN ADDI-
 TIONAL TAX EXEMPTION OR RENT STABILIZATION PROGRAM AFTER THE  EXPIRATION
 OF  THE  TAX BENEFIT PERIOD AS PROVIDED IN THE OPENING PARAGRAPH OF THIS
 PARAGRAPH. NEITHER A LANDLORD NOR ANY PERSON ACTING  ON  BEHALF  OF  THE
 LANDLORD SHALL INCLUDE INCORRECT OR MISLEADING INFORMATION IN ANY NOTICE
 PROVIDED PURSUANT TO THIS SUBPARAGRAPH.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law and shall apply to all leases entered into, renewed or
 extended on and after such effective  date.  Effective  immediately  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such date.