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.