S T A T E O F N E W Y O R K
________________________________________________________________________
4456
2021-2022 Regular Sessions
I N S E N A T E
February 4, 2021
___________
Introduced by Sens. KRUEGER, HOYLMAN, LIU, SERRANO -- 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 housing unit fees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision a of section 26-517.1 of the administrative
code of the city of New York, as amended by section 15 of part K of
chapter 36 of the laws of 2019, is amended to read as follows:
a. The department of finance shall collect from the owner of each
housing accommodation registered pursuant to section 26-517 of this
chapter an annual fee in the amount of [twenty] THIRTY dollars per year
for each unit subject to this law, in order to defray costs incurred by
the city pursuant to subdivision c of section eight of the emergency
tenant protection act of nineteen hundred seventy-four.
§ 2. Subdivisions c and e of section 8 of section 4 of chapter 576 of
the laws of 1974 constituting the emergency tenant protection act of
nineteen seventy-four, subdivision c as amended by section 1 and subdi-
vision e as amended by section 2 of part I of chapter 56 of the laws of
2020, are amended to read as follows:
c. Whenever a city having a population of one million or more has
determined the existence of an emergency pursuant to section three of
this act, the provisions of this act and the New York city rent stabili-
zation law of nineteen hundred sixty-nine shall be administered by the
state division of housing and community renewal as provided in the New
York city rent stabilization law of nineteen hundred sixty-nine, as
amended, or as otherwise provided by law. The costs incurred by the
state division of housing and community renewal in administering such
regulation shall be paid by such city. All payments for such adminis-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03511-01-1
S. 4456 2
tration shall be transmitted to the state division of housing and commu-
nity renewal as follows: on or after April first of each year commencing
with April, nineteen hundred eighty-four, the commissioner of housing
and community renewal, in consultation with the director of the budget,
shall determine an amount necessary to defray the division's anticipated
annual cost, and one-quarter of such amount shall be paid by such city
on or before July first of such year, one-quarter of such amount on or
before October first of such year, one-quarter of such amount on or
before January first of the following year and one-quarter of such
amount on or before March thirty-first of the following year. After the
close of the fiscal year of the state, the commissioner, in consultation
with the director of the budget, shall determine the amount of all actu-
al costs incurred in such fiscal year and shall certify such amount to
such city. If such certified amount shall differ from the amount paid by
the city for such fiscal year, appropriate adjustments shall be made in
the next quarterly payment to be made by such city. In the event that
the amount thereof is not paid to the commissioner, in consultation with
the director of the budget, as herein prescribed, the commissioner, in
consultation with the director of the budget, shall certify the unpaid
amount to the comptroller, and the comptroller shall, to the extent not
otherwise prohibited by law, withhold such amount from any state aid
payable to such city. In no event shall the amount imposed on the owners
exceed [twenty] THIRTY dollars per unit per year.
e. The failure to pay the prescribed assessment not to exceed [twenty]
THIRTY dollars per unit for any housing accommodation subject to this
act or the New York city rent stabilization law of nineteen hundred
sixty-nine shall constitute a charge due and owing such city, town or
village which has imposed an annual charge for each such housing accom-
modation pursuant to subdivision b of this section. Any such city, town
or village shall be authorized to provide for the enforcement of the
collection of such charges by commencing an action or proceeding for the
recovery of such fees or by the filing of a lien upon the building and
lot. Such methods for the enforcement of the collection of such charges
shall be the sole remedy for the enforcement of this section.
§ 3. The increased revenues payable each year to the commissioner of
the state division of housing and community renewal pursuant to this act
shall be divided equally by the commissioner between the office of rent
administration and the office of the tenant protection unit within the
division of housing and community renewal and shall be utilized by the
commissioner in addition to and not in substitution for the levels of
funding from all sources provided to the office of rent administration
and the office of the tenant protection unit on the effective date of
this act.
§ 4. This act shall take effect immediately; provided that the amend-
ments to section 26-517.1 of chapter 4 of title 26 of the administrative
code of the city of New York 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.