S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4742
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01235-01-1

 S. 4742                             2
 
 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.