S T A T E O F N E W Y O R K
________________________________________________________________________
641--A
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
Introduced by M. of A. L. ROSENTHAL, GOTTFRIED -- 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
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
and requires the standardization of certain notices 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-j to read as follows:
§ 235-J. 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) OR
FAILS TO PROVIDE THE STANDARDIZED RIDER PURSUANT TO PARAGRAPH (F-1) 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00506-02-2
A. 641--A 2
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-
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. Subdivision 2 of section 421-a of the real property tax law is
amended by adding a new paragraph (f-1) to read as follows:
(F-1) THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL SHALL STAND-
ARDIZE THE NOTICE TO BE PROVIDED BY LANDLORDS TO THEIR TENANTS PURSUANT
TO SUBPARAGRAPH (II) OF PARAGRAPH (F) OF THIS SUBDIVISION. SUCH NOTICE
SHALL BE PRINTED IN AT LEAST TWELVE POINT TYPE AND SHALL INCLUDE THE
FOLLOWING LANGUAGE:
421-A STANDARD RIDER FACT SHEET
ANY HOUSING UNIT THAT RECEIVES TAX BENEFITS UNDER SECTION 421-A OF THE
NEW YORK STATE REAL PROPERTY LAW WILL REMAIN AFFORDABLE FOR A PERIOD OF
TIME DEPENDING ON A VARIETY OF FACTORS, INCLUDING THE LOCATION OF THE
UNIT, THE COMMENCEMENT OF CONSTRUCTION AND THE AFFORDABILITY IN THE
PROJECT. FAILURE TO PROVIDE THE INITIAL STANDARDIZED RIDER MAY RESULT IN
THE UNIT REMAINING RENT STABILIZED FOR THE DURATION OF THE TENANCY.
SPECIFIC DETAILS RELATED TO YOUR UNIT ARE LISTED ON THE NEXT SHEET.
WHILE YOUR UNIT RECEIVES 421-A TAX BENEFITS, IT WILL BE SUBJECT TO RENT
STABILIZATION. NEW YORK STATE'S RENT REGULATION LAWS PROVIDE TENANTS IN
RENT-STABILIZED APARTMENTS WITH A VARIETY OF LEGAL RIGHTS AND
PROTECTIONS. THE OWNER OF YOUR BUILDING MUST PROVIDE YOU WITH A RENT-
STABILIZED LEASE WHEN YOU FIRST MOVE IN AND ALSO EACH TIME YOU RENEW
YOUR LEASE FOR YOUR CHOICE OF EITHER A ONE OR TWO YEAR TERM, FOR AS LONG
AS YOUR APARTMENT REMAINS STABILIZED.
YOU ARE ENTITLED TO CONTINUOUS LEASE RENEWALS WHILE YOUR APARTMENT IS
RENT STABILIZED. WHEN YOU RENEW YOUR LEASE, YOUR RENT MAY ONLY BE
INCREASED BY AN AMOUNT DETERMINED BY NEW YORK STATE'S RENT REGULATION
LAWS, WHICH MAY BE FOUND BY VISITING
HTTPS://RENTGUIDELINESBOARD.CITYOFNEWYORK.US/RESOURCES/RENT-REGULATION-
LAWS/, AND PERMITTED BY APPLICABLE TAX BENEFIT LAWS.
RENT INCREASES FOR RENT-STABILIZED TENANTS ARE DETERMINED BY THE NEW
YORK CITY RENT GUIDELINES BOARD, AND MAY ONLY INCREASE BY A SPECIFIED
AMOUNT WITHIN A ONE-YEAR OR TWO-YEAR LEASE TERM. FOR MORE INFORMATION,
PLEASE VISIT HTTPS://RENTGUIDELINESBOARD.CITYOFNEWYORK.US/ OR CALL 311.
RENT-STABILIZED TENANTS ARE ALSO ENTITLED TO PETITION THE NEW YORK STATE
HOMES AND COMMUNITY RENEWAL BY VISITING HTTPS://HCR.NY.GOV/ OR CALLING
(212) 480-6238.
421-A RIDER - UNIT NUMBER
AS A RENT-REGULATED TENANT, YOUR RIGHTS ARE DETERMINED BY 421-A OF THE
NEW YORK STATE REAL PROPERTY LAW. FOR MORE INFORMATION, YOU MAY CONTACT
NEW YORK STATE HOUSING AND COMMUNITY RENEWAL BY CALLING (212) 480-6238
A. 641--A 3
OR VISITING HTTPS://HCR.NY.GOV/ OR THE NEW YORK CITY DEPARTMENT OF HOUS-
ING PRESERVATION BY CALLING 311 OR VISITING
HTTPS://WWW1.NYC.GOV/SITE/HPD/INDEX.PAGE.
THE FIRST RENT AS OF DATE OF INITIAL LEASE COMMENCEMENT FOR UNIT APART-
MENT NUMBER___ IS AMOUNT ___.
BECAUSE UNIT NUMBER ____RECEIVES A 421-A TAX ABATEMENT, IT WILL BE RENT
REGULATED UNTIL AT LEAST MM/DD/YYYY.
CONSTRUCTION COMMENCED ON YOUR BUILDING, LOCATED AT ADDRESS ____ON
MM/DD/YYYY.
CONSTRUCTION WAS COMPLETED ON MM/DD/YYYY.
ON (MM/DD/YYYY SPECIFIC TO TENANT), YOUR LANDLORD CAN BEGIN TO INCREASE
THE RENT FOR UNIT NUMBER BY 2.2% EACH YEAR.
THE 421-A BENEFITS FOR UNIT NUMBER EXPIRE ON (MM/DD/YYYY). AFTER THE
EXPIRATION OF THE 421-A TAX ABATEMENT, YOUR UNIT WILL ___ (EITHER REMAIN
RENT-STABILIZED FOR THE DURATION OF YOUR TENANCY OR CONTINUE TO BE
PROTECTED DUE TO ADDITIONAL PROGRAMS OUTLINED BELOW).
UNIT NUMBER ALSO RECEIVES (LIST ANY OTHER CITY, STATE, FEDERAL AFFORD-
ABILITY PROGRAM) AND (THE IMPACT THAT HAS ON THE UNIT'S CONTINUING
AFFORDABILITY, THE DATE ON WHICH THOSE BENEFITS EXPIRE AND THE IMPACT OF
THE EXPIRATION OF THOSE BENEFITS ON THE UNIT).
IF YOU BELIEVE THAT ANY OF THE INFORMATION CONTAINED IN THIS RIDER IS
INCORRECT, CONTACT NEW YORK STATE HOMES AND COMMUNITY RENEWAL BY CALLING
(212) 480-6238 OR VISITING HTTPS://HCR.NY.GOV/ OR THE NEW YORK CITY
DEPARTMENT OF HOUSING PRESERVATION BY CALLING 311 OR VISITING
HTTPS://WWW1.NYC.GOV/SITE/HPD/INDEX.PAGE.
§ 4. 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.