NY State Senate Bill 2021-S2856

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to housing, construction and community development
Jan 26, 2021	referred to housing, construction and community development

2021-S2856 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-510, NYC Ad Cd; amd §4, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1731
2011-2012: S741
2013-2014: S208
2015-2016: S196
2017-2018: S1796, S7034
2019-2020: S5141

2021-S2856 (ACTIVE) - Summary

Relates to the appointment and qualifications of members of rent boards; provides that the NYC city council shall have an advice and consent role in the mayor's appointments to rent boards; requires public members have certain experience.

2021-S2856 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2856

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York and the
emergency tenant protection act of nineteen seventy-four, in relation to
the establishment of rent boards

 
PURPOSE:

The purpose of this bill to make more democratic the appointment of
members of rent guidelines boards and to enhance the qualifications of
the public members.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision a of section 26-510 of the administrative
code of the city of New York to give the New York City Council an advice
and consent role in the mayoral appointment of New York City Rent Guide-
lines Board members. The bill also removes a provision that the chair of
the board serves at the pleasure of the Mayor. Members of the Rent

Guidelines Board can now be removed for cause by. The City Council and
for the replacement of such members. It adds experience in public
service, social services, urban planning, and social sciences to the
list of qualifications for appointment as public members.

Section 2 amends subdivision a of section 4 of section 4 of chapter 576
of the Emergency Tenant Protection Act to give the county executives of
the counties of Nassau, Westchester and Rockland the power to appoint
members of the county rent guidelines boards with the advice and consent
of the respective county legislatures. It provides for the removal of
members for cause by the county legislature and for the replacement of
such members. It adds experience in public service, social services,
urban planning, and social sciences to the list of qualifications for
appointment as public members.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

Requiring City Council confirmation of the Mayor's appointees to the New
York City Rent Guidelines Board will provide for greater public account-
ability with respect to the vital role the RGB plays in administering
New York City's system of rent regulation.

Removing the state Division of Housing and Community Renewal (DHCR) from
its current role in choosing members of the rent guidelines boards in
Nassau, Westchester, and Rockland counties serves to make the appoint-
ment process more democratic. The elected county executives should
appoint the board members with the advice and consent of their county
legislatures. The DHCR, as an enforcement agency under the Emergency
Tenant Protection Act, should not have a role in the selection of the
officials who decide upon the rent guideline s that the agency must
enforce.

By broadening the types of qualifications that are required for public
members of the rent guidelines boards, this bill affords the appointing
officials greater latitude to choose persons of experience in a variety
of disciplines, rather than only in finance, economics and housing. This
will enable the public members to reflect a broader perspective on the
rent setting process than was previously available and will enhance the
deliberations of the boards.

 
LEGISLATIVE HISTORY:

2020: S7034 (Kavanagh) - Referred to Housing, Construction and Community
2019: S7034 (Kavanagh) - Referred to Housing, Construction and Community
2018: S7034 (Kavanagh) - Referred to Housing, Construction and Community
2017: S1796 (Squadron)/A1014 (Kavanagh) - Referred to Housing,
Construction and Community/stricken
2016: S196A (Squadron)/A5584 (Kavanagh) - Referred to Housing,
Construction and Community/referred to Housing
2015: S196 (Squadron)/A5584 (Kavanagh) - Referred to Housing,
Construction and Community/referred to Housing
2014: S208B (Squadron)/A104B (Kavanagh) -Referred to Housing,
Construction and Community/passed Assembly
2013: S208B (Squadron)/A104 (Kavanagh) - Referred to Housing,
Construction and Community/passed Assembly
2012: S741B (Squadron)/A6394 (Kavanagh) - Referred to Housing,
Construction and Community/passed Assembly
2011: S741 (Squadron)/A6394 (Kavanagh) - Referred to Housing,
Construction and Community/referred to Housing
2010: S1731(Espada)/A8240 (Kavanagh) - Referred to Housing, Construction
and Community/ referred to Housing
2009: S1731(Espada)/A8240 (Kavanagh) - Referred to Housing, Construction
and Community/referred to Housing

 
FISCAL IMPACT ON THE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date upon which it shall have become a law; provided that: a) the amend-
ments to section 26-510 of the rent stabilization law of nineteen
hundred sixty-nine made by section one of this act shall expire on the
same date as such law expires and shall not affect the expiration of
such law as provided under 26-520 of such law;
(b) the amendments to section 4 of the emergency tenant protection act
of nineteen seventy-four made by section two of this act shall expire on
the same date as such act expires and shall not affect the expiration of
such act as provided in section 17 of chapter 576 of the laws of 1974;
(c) the rent boards as reconstituted pursuant to this act shall be
appointed and confirmed within forty-five days after the effective date
of this act; and
(d) upon the appointment of a rent board pursuant to the provisions of
this act, any existing predecessor rent board shall be dissolved and
such predecessor rent board shall have no further authority.

2021-S2856 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2856
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 AN  ACT to amend the administrative code of the city of New York and the
   emergency tenant protection act of nineteen seventy-four, in  relation
   to the establishment of rent boards

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision a of section 26-510 of the administrative  code
 of the city of New York is amended to read as follows:
   a.  There shall be a rent guidelines board to consist of nine members,
 appointed by the mayor UPON THE ADVICE AND CONSENT OF THE CITY  COUNCIL.
 Two  members  shall be representative of tenants, two shall be represen-
 tative of owners of property, and five shall be public members [each  of
 whom].  EACH  OF  THE  PUBLIC MEMBERS shall have had at least five years
 experience in [either] PUBLIC SERVICE, SOCIAL SERVICES, URBAN  PLANNING,
 SOCIAL  SCIENCES, finance, economics or housing. One public member shall
 be designated by the mayor UPON THE ADVICE AND CONSENT OF THE CITY COUN-
 CIL to serve as [chairman] CHAIR and shall hold no other public  office.
 No  member,  officer or employee of any municipal rent regulation agency
 or the state division of housing and community renewal and no person who
 owns or manages real estate covered by this law  or  who  [is]  RECEIVES
 COMPENSATION  AS  an  officer  of any owner or tenant organization shall
 serve on a rent guidelines board. One public member, one  member  repre-
 sentative of tenants and one member representative of owners shall serve
 for  a term ending two years from January first next succeeding the date
 of their appointment; one public member, one  member  representative  of
 tenants  and  one  member representative of owners shall serve for terms
 ending three years from the January first next succeeding  the  date  of
 their  appointment  and  two public members shall serve for terms ending
 four years from  January  first  next  succeeding  the  dates  of  their
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06494-01-1

 S. 2856                             2
 
 appointment.  [The  chairman  shall serve at the pleasure of the mayor.]
 Thereafter, all members shall continue in office until their  successors
 have been appointed and qualified. The mayor UPON THE ADVICE AND CONSENT
 OF  THE CITY COUNCIL shall fill any vacancy which may occur by reason of
 death,  resignation  or  otherwise  in  a  manner  consistent  with  the
 [original  appointment]  PROVISIONS OF THIS SUBDIVISION. A member may be
 removed by the mayor OR CITY COUNCIL  for  cause,  but  not  without  an
 opportunity  to be heard in person or by counsel, in his or her defense,
 upon not less than ten days notice. A SUCCESSOR TO SUCH MEMBER SHALL  BE
 APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION TO SERVE
 THE BALANCE OF THE TERM OF THE MEMBER WHO WAS REMOVED.
   §  2.  Subdivision  a  of section 4 of section 4 of chapter 576 of the
 laws of 1974, constituting the emergency tenant protection act of  nine-
 teen  seventy-four,  as  amended by section 5 of part G of chapter 36 of
 the laws of 2019, is amended to read as follows:
   a. In each county wherein any city having a population  of  less  than
 one  million  or  any town or village has determined the existence of an
 emergency pursuant to section three of this act, there shall be  created
 a  rent  guidelines  board  to  consist of nine members appointed by the
 commissioner of housing and community renewal upon recommendation of the
 county legislature, except that a rent guidelines board  created  subse-
 quent  to  the effective date of the chapter of the laws of two thousand
 nineteen that  amended  this  section  shall  consist  of  nine  members
 appointed  by  the  commissioner  of  housing and community renewal upon
 recommendations of the local legislative body  of  each  city  having  a
 population  of less than one million or town or village which has deter-
 mined the existence of an emergency pursuant to section  three  of  this
 act.  Such  recommendation  shall  be  made within thirty days after the
 first local declaration of an emergency in such county; two such members
 shall be representative of  tenants,  two  shall  be  representative  of
 owners  of  property,  and  five shall be public members [each of whom].
 EACH OF THE PUBLIC MEMBERS shall have had at least five years experience
 in [either] PUBLIC SERVICE,  SOCIAL  SERVICES,  URBAN  PLANNING,  SOCIAL
 SCIENCES,  finance,  economics  or  housing.  One public member shall be
 designated by the commissioner to serve as [chairman]  CHAIR  and  shall
 hold  no  other  public  office.  No  member, officer or employee of any
 municipal rent regulation agency or the state division  of  housing  and
 community  renewal and no person who owns or manages real estate covered
 by this law or who is an officer of any  owner  or  tenant  organization
 shall  serve  on  a rent guidelines board. One public member, one member
 representative of tenants and one member representative of owners  shall
 serve for a term ending two years from January first next succeeding the
 date  of their appointment; one public member, one member representative
 of tenants and one member representative of owners shall serve for terms
 ending three years from the January first next succeeding  the  date  of
 their  appointment and three public members shall serve for terms ending
 four years from  January  first  next  succeeding  the  dates  of  their
 appointment.    Thereafter,  all  members  shall serve for terms of four
 years each.  Members shall continue in  office  until  their  successors
 have  been  appointed  and  qualified.  The  commissioner shall fill any
 vacancy which may occur by reason of death, resignation or otherwise  in
 a  manner consistent with the [original appointment]  PROVISIONS OF THIS
 SUBDIVISION. A member may be removed by the commissioner for cause,  but
 not  without  an opportunity to be heard in person or by counsel, in his
 defense, upon not less than ten days notice. A SUCCESSOR TO SUCH  MEMBER
 SHALL BE APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION

 S. 2856                             3
 
 TO  SERVE THE BALANCE OF THE TERM OF THE MEMBER WHO WAS REMOVED. Compen-
 sation for the members of the board shall be at the rate of one  hundred
 dollars  per  day,  for no more than twenty days a year, except that the
 [chairman]  CHAIR  shall be compensated at the rate of one hundred twen-
 ty-five dollars a day for no more than thirty days  a  year.  The  board
 shall be provided staff assistance by the division of housing and commu-
 nity  renewal.  The  compensation of such members and the costs of staff
 assistance shall be paid  by  the  division  of  housing  and  community
 renewal  which  shall  be reimbursed in the manner prescribed in section
 four of this act. The local legislative body of each city having a popu-
 lation of less than one million and each town and village  in  which  an
 emergency  has  been  determined  to  exist  as herein provided shall be
 authorized to designate  one  person  who  shall  be  representative  of
 tenants and one person who shall be representative of owners of property
 to  serve  at its pleasure and without compensation to advise and assist
 the county rent guidelines board in matters affecting the adjustment  of
 rents  for  housing  accommodations in such city, town or village as the
 case may be.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date upon which it shall have become a law; provided that:
   (a)  the amendments to section 26-510 of the rent stabilization law of
 nineteen hundred sixty-nine made by section one of this act shall expire
 on the same date as such law expires and shall not affect the expiration
 of such law as provided under section 26-520 of such law;
   (b) the rent boards as reconstituted pursuant to  this  act  shall  be
 appointed  and confirmed within forty-five days after the effective date
 of this act; and
   (c) upon the appointment of a rent board pursuant to the provisions of
 this act, any existing predecessor rent board  shall  be  dissolved  and
 such predecessor rent board shall have no further authority.

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Senate Bill S2856

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Actions

2021-S2856 (ACTIVE) - Details

2021-S2856 (ACTIVE) - Summary

2021-S2856 (ACTIVE) - Sponsor Memo

2021-S2856 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Brian Kavanagh

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Actions

2021-S2856 (ACTIVE) - Details

2021-S2856 (ACTIVE) - Summary

2021-S2856 (ACTIVE) - Sponsor Memo

2021-S2856 (ACTIVE) - Bill Text download pdf

Comments