S T A T E O F N E W Y O R K
________________________________________________________________________
9151
I N S E N A T E
May 11, 2022
___________
Introduced by Sen. HINCHEY -- 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 emergency tenant protection act of nineteen seven-
ty-four, in relation to studies to determine vacancy rates
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3 of section 4 of chapter 576 of the laws of 1974,
constituting the emergency tenant protection act of nineteen seventy-
four, is amended by adding four new subdivisions d, e, f, and g to read
as follows:
D. WHEN REQUESTED BY A MUNICIPALITY OR A DESIGNEE, AS A PART OF A
STUDY TO DETERMINE ITS VACANCY RATE, RESIDENTIAL RESIDENTS, INCLUDING
RESIDENTIAL TENANTS, RESIDENTIAL RENTAL PROPERTY OWNERS, OPERATORS, OR
MANAGERS, AND HOMEOWNERS SHALL PROVIDE CURRENT RENT ROLLS OF RECORDS
AND, IF AVAILABLE, RECORDS FOR THE PAST THREE YEARS. SUCH RECORDS SHALL
INCLUDE THE TENANT'S RELEVANT INFORMATION RELATING TO FINDING THE VACAN-
CY RATE OF SUCH MUNICIPALITY INCLUDING BUT NOT LIMITED TO THE NAME,
ADDRESS, AND AMOUNT PAID OR CHARGED ON A WEEKLY, MONTHLY, OR ANNUAL
BASIS FOR EACH UNIT OR HOME AND WHICH UNITS ARE CURRENTLY VACANT AND
MOVE IN READY OR UNDER CONSTRUCTION.
E. REFUSAL BY A RESIDENTIAL RENTAL PROPERTY OWNER, OPERATOR, OR MANAG-
ER OR A HOMEOWNER TO PARTICIPATE IN SUCH VACANCY STUDY AND COOPERATE
WITH THE MUNICIPALITY OR A DESIGNEE IN SUCH VACANCY STUDY, OR SUBMISSION
OF KNOWINGLY AND INTENTIONALLY FALSE VACANCY INFORMATION MAY BE DEEMED
CAUSE TO DENY A RENTAL PERMIT OR CERTIFICATE OF OCCUPANCY FOR A RENTAL
UNIT. SUCH MUNICIPALITY MAY ADDITIONALLY IMPOSE A FINE OR FEE ON SUCH
RESIDENTIAL RENTAL PROPERTY OWNER, OPERATOR, OR MANAGER OR HOMEOWNER OF
UP TO ONE THOUSAND DOLLARS.
F. A NONRESPONDENT LANDLORD OR RENTAL PROPERTY OWNER SHALL BE DEEMED
TO HAVE A ZERO VACANCY RATE.
G. IDENTIFYING DATA OR INFORMATION SHALL BE KEPT CONFIDENTIAL AND
SHALL NOT BE SHARED, TRADED, GIVEN, OR SOLD TO ANY OTHER ENTITY FOR ANY
PURPOSE OUTSIDE OF SUCH VACANCY STUDY. DISAGGREGATE DATA AND INFORMATION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14193-02-2
S. 9151 2
MAY BE SHARED WITH OTHER GOVERNMENTAL AGENCIES INCLUDING BUT NOT LIMITED
TO THE OFFICE OF COURT ADMINISTRATION.
§ 2. This act shall take effect immediately.