NY State Senate Bill 2019-S8864

Senate Bill S8864

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 31, 2020	referred to rules

2019-S8864 (ACTIVE) - Details

See Assembly Version of this Bill:: A9834
Current Committee:: Senate Rules
Law Section:: Public Housing Law
Laws Affected:: Add §19-a, Pub Hous L
Versions Introduced in 2021-2022 Legislative Session:: S4742, A2679

2019-S8864 (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-S8864 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8864

SPONSOR: KAMINSKY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

The bill requires the Division of Housing and Community Renewal to
develop regulations to allow electronic leases and signatures to be used
for leases of rent stabilized units, while also ensuring that the use of
electronic records is entirely voluntary for the tenant.

 
SUMMARY OF PROVISIONS:

Section one requires the commissioner of the Division of Housing and
Community Renewal to promulgate rules that allow for the use of elec-

tronic records and signatures for leases and lease renewals of rent
stabilized units on a voluntary basis by the tenant. It also requires
the commissioner to develop a form that confirms that voluntary use of
electronic records by the tenant. The form must be signed by both the
tenant and landlord and be on file with the division before any elec-
tronic records can be accepted.

Section two sets forth the effective date.

 
JUSTIFICATION:

The ability to use an electronic lease document, or to electronically
sign a lease agreement, could prove to be more efficient than paper
records for both landlords and tenants where both parties have clearly
agreed to the use of electronic records. This bill would establish a
defined process for the Division of Housing and Community Renewal to
allow the use of electronic documents and signatures for rent regulated
leases and lease renewals, including safeguards to ensure all tenants
continue to have full access to their choice of a paper or electronic
lease record.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined

 
EFFECTIVE DATE:
The bill shall take effect immediately.

2019-S8864 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8864
 
                             I N  S E N A T E
 
                               July 31, 2020
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15196-02-0

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