S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7701
 
                             I N  S E N A T E
 
                              January 7, 2022
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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. Section 19-a of the public housing law, as added by a chap-
 ter  of  the  laws  of  2021 amending the public housing law relating to
 directing the commissioner of housing and community renewal  to  promul-
 gate  rules  and regulations regarding the use of electronic records and
 signatures for certain residential leases, as  proposed  in  legislative
 bills numbers S. 4742 and A. 2679, is amended 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] REGARDING
 NOTIFICATION  TO  TENANTS  REGARDING  AFFIRMATIVE  CONSENT to the use of
 electronic records and that the use of electronic records and signatures
 is voluntary pursuant to section three hundred nine of the  state  tech-
 nology 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01235-02-2
 S. 7701                             2
 
 the  requirement  that  the  use of electronic records and signatures is
 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 FORM be provided to the tenant [and the division].
 No electronic records shall be accepted [for] BY ANY COURT OR  any  unit
 [by] OF the division unless such consent form is [on file with] PROVIDED
 TO SUCH COURTS OR the division.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2021 amending the public housing  law
 relating  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, as proposed in
 legislative bills numbers S. 4742 and A. 2679, takes effect.