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Assembly Bill A9834

2019-2020 Legislative Session

Relates to directing the commissioner of housing and community renewal to promulgate rules and regulations regarding the use of electronic records and signatures for certain residential leases

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Archive: Last Bill Status - In Assembly Committee

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2019-A9834 (ACTIVE) - Details

See Senate Version of this Bill:
S8864
Current Committee:
Assembly Ways And Means
Law Section:
Public Housing Law
Laws Affected:
Add §19-a, Pub Hous L
Versions Introduced in 2021-2022 Legislative Session:
A2679, S4742

2019-A9834 (ACTIVE) - Summary

Directs the commissioner of housing and community renewal to promulgate rules and regulations regarding the use of electronic records and signatures for residential leases and lease renewals of units for which the owner is required to file annual registration statements.

2019-A9834 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9834
 
                           I N  A S S E M B L Y
 
                             February 19, 2020
                                ___________
 
 Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the public housing law, in  relation  to  directing  the
   commissioner  of housing and community renewal to promulgate rules and
   regulations regarding the use of electronic records and signatures for
   certain residential leases

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public housing law is amended by adding a new section
 19-a to read as follows:
   § 19-A. ELECTRONIC LEASE REGULATIONS. 1. THE COMMISSIONER, IN  CONSUL-
 TATION  WITH  THE  ELECTRONIC  FACILITATOR  AS  DEFINED IN SECTION THREE
 HUNDRED THREE OF THE STATE TECHNOLOGY LAW, SHALL  PROMULGATE  RULES  AND
 REGULATIONS AUTHORIZING THE USE OF ELECTRONIC RECORDS OR SIGNATURES ON A
 VOLUNTARY  BASIS BY TENANTS FOR RESIDENTIAL LEASES AND LEASE RENEWALS OF
 UNITS FOR WHICH THE OWNER IS REQUIRED TO FILE ANNUAL REGISTRATION STATE-
 MENTS, PURSUANT TO EITHER  SECTION  TWELVE-A  OF  THE  EMERGENCY  TENANT
 PROTECTION  ACT OF NINETEEN SEVENTY-FOUR OR SECTION 26-517 OF THE ADMIN-
 ISTRATIVE CODE OF THE CITY OF NEW YORK, IN A MANNER THAT  CONFORMS  WITH
 THE REQUIREMENTS OF ARTICLE THREE OF THE STATE TECHNOLOGY LAW.
   2.  SUCH  RULES  AND REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO,
 PROCEDURES TO ENSURE THAT THE TENANT AFFIRMATIVELY CONSENTED TO THE  USE
 OF  ELECTRONIC RECORDS AND THAT THE USE OF ELECTRONIC RECORDS AND SIGNA-
 TURES IS VOLUNTARY PURSUANT TO SECTION THREE HUNDRED NINE OF  THE  STATE
 TECHNOLOGY LAW.
   3.  THE  DIVISION  SHALL  ALSO DEVELOP A FORM IN THE TOP SIX LANGUAGES
 OTHER THAN ENGLISH SPOKEN IN THE STATE ACCORDING TO THE LATEST AVAILABLE
 DATA FROM THE U.S. BUREAU OF CENSUS THAT CONFIRMS A TENANT'S AFFIRMATIVE
 CONSENT TO THE USE OF ELECTRONIC RECORDS. SUCH FORM SHALL CLEARLY  STATE
 THE  REQUIREMENT  THAT  THE  USE OF ELECTRONIC RECORDS AND SIGNATURES IS
 VOLUNTARY AND CANNOT BE REQUIRED BY A LANDLORD, CITE THE RELEVANT  PARTS
 OF THE ELECTRONIC SIGNATURES AND RECORDS ACT, AND REQUIRE THAT COPIES OF
 THIS SIGNED CONSENT BE PROVIDED TO THE TENANT AND THE DIVISION. NO ELEC-
 TRONIC  RECORDS  SHALL  BE  ACCEPTED FOR ANY UNIT BY THE DIVISION UNLESS
 SUCH CONSENT FORM IS ON FILE WITH THE DIVISION.
   § 2. This act shall take effect immediately.

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