The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9966

                          I N  A S S E M B L Y

                              March 3, 2020
                               ___________

Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
  Committee on Housing

AN ACT to amend the real property law and  the  state  finance  law,  in
  relation  to imposing a fee on landlords who have residential dwelling
  units which remain vacant for an extended period of time

  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
238-b to read as follows:
  § 238-B. WAREHOUSING OF RESIDENTIAL DWELLING UNITS. 1. A LANDLORD OF A
RESIDENTIAL DWELLING UNIT WHICH REMAINS VACANT FOR A PERIOD GREATER THAN
THREE MONTHS SHALL PAY A MONTHLY WAREHOUSING FEE  IN  AN  AMOUNT  TO  BE
CALCULATED AS FOLLOWS:
  A.  FOR  THE  FOURTH MONTH A RESIDENTIAL DWELLING UNIT REMAINS VACANT,
THE FEE SHALL BE EQUAL TO THE LAST LEGAL RENT CHARGED FOR SUCH UNIT.
  B. FOR EVERY ADDITIONAL MONTH THEREAFTER THAT A  RESIDENTIAL  DWELLING
UNIT  REMAINS  VACANT, THE FEE SHALL BE EQUAL TO THE FEE CHARGED FOR THE
PREVIOUS MONTH PLUS AN AMOUNT EQUAL TO FIFTY PERCENT.
  C. IF THE LEGAL RENT OF A RESIDENTIAL DWELLING UNIT CANNOT  BE  DETER-
MINED, THE AMOUNT USED TO CALCULATE THE FEE UNDER THIS SUBDIVISION SHALL
BE  EQUAL  TO THE MARKET RENT FOR A SIMILARLY SIZED RESIDENTIAL DWELLING
UNIT IN THE SAME LOCATION, AS DETERMINED BY THE COMMISSIONER OF  HOUSING
AND COMMUNITY RENEWAL.
  2.  A  LANDLORD  MAY  PETITION  THE  DIVISION OF HOUSING AND COMMUNITY
RENEWAL FOR A WAIVER OF THE FEE IMPOSED PURSUANT TO SUBDIVISION  ONE  OF
THIS  SECTION  IF  SUCH  LANDLORD  CAN DEMONSTRATE THAT SUCH RESIDENTIAL
DWELLING UNIT IS VACANT DUE TO SUBSTANTIAL RENOVATIONS WHICH RENDER SUCH
UNIT UNABLE TO BE OCCUPIED.
  3. THE FEE IMPOSED PURSUANT TO SUBDIVISION ONE OF THIS  SECTION  SHALL
BE  PAID TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL. SUCH DIVISION
SHALL PAY ALL FEES COLLECTED EACH MONTH TO  THE  STATE  COMPTROLLER  WHO
SHALL  DEPOSIT  SUCH MONEY IN THE HOUSING VOUCHER ASSISTANCE FUND ESTAB-
LISHED PURSUANT TO SECTION NINETY-NINE-HH OF THE STATE FINANCE LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD15236-01-0

A. 9966                             2

  4. THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL SHALL  PROMULGATE
RULES  AND  REGULATIONS  NECESSARY  TO  CARRY OUT THE PROVISIONS OF THIS
SECTION.
  § 2. The state finance law is amended by adding a new section 99-hh to
read as follows:
  §  99-HH.  HOUSING  VOUCHER ASSISTANCE FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER,  THE  COMMISSIONER
OF  HOUSING  AND  COMMUNITY RENEWAL AND THE COMMISSIONER OF TAXATION AND
FINANCE A FUND TO BE KNOWN AS THE HOUSING VOUCHER ASSISTANCE FUND.
  2. SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE  PURPOSE
OF  SUCH  FUND, MONEYS COLLECTED PURSUANT TO SECTION TWO HUNDRED THIRTY-
EIGHT-B OF THE REAL PROPERTY LAW AND ALL  OTHER  MONEYS  TRANSFERRED  TO
SUCH  FUND  PURSUANT  TO  LAW.  ANY INTEREST EARNED BY THE INVESTMENT OF
MONEYS IN SUCH FUND SHALL BE ADDED TO SUCH FUND, BECOME A PART  OF  SUCH
FUND, AND BE USED FOR THE PURPOSE OF SUCH FUND.
  3.  MONIES OF THE FUND SHALL BE EXPENDED ONLY BY THE DIVISION OF HOUS-
ING AND COMMUNITY RENEWAL TO PROVIDE HOUSING VOUCHERS TO HOMELESS  INDI-
VIDUALS.
  4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
OF HOUSING AND COMMUNITY RENEWAL.
  §  3.  This  act shall take effect on the ninetieth day after it shall
have become a law. 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 effective date.