Senate Bill S5651A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5651--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary  --  recommitted
   to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 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.
              

                                                            LBD10963-03-0

 S. 5651--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.