S. 8215 2
EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR OR this law [or
who is an officer of any owner or tenant organization] shall serve on a
rent guidelines board. One public member, one member representative of
tenants and one member representative of owners shall serve for a term
ending two years from January first next succeeding the date of their
appointment; one public member, one member representative of tenants and
one member representative of owners shall serve for terms ending three
years from the January first next succeeding the date of their appoint-
ment [and two public members shall serve for terms ending four years
from January first next succeeding the dates of their appointment. The
chairman shall serve at the pleasure of the mayor]. Thereafter, all
members shall continue in office until their successors have been
appointed and qualified. The mayor AND CITY COUNCIL shall fill any
vacancy which may occur by reason of death, resignation or otherwise in
a manner consistent with the original appointment. ALL APPOINTMENTS
THEREAFTER SHALL BE CONFIRMED BY A VOTE OF THE CITY COUNCIL. A member
may be removed by the mayor for cause, but not without an opportunity to
be heard in person or by counsel, in [his or her] THEIR defense, upon
not less than ten days notice.
b. The rent guidelines board shall establish annual [guidelines for]
rent adjustments, IF ANY, and in determining whether rents for housing
accommodations subject to the emergency tenant protection act of nine-
teen seventy-four or this law shall be adjusted shall consider, among
other things (1) [the economic condition of the residential real estate
industry in the affected area including such factors as the prevailing
and projected (i) real estate taxes and sewer and water rates, (ii)
gross operating maintenance costs (including insurance rates, govern-
mental fees, cost of fuel and labor costs), (iii) costs and availability
of financing (including effective rates of interest), (iv) over-all
supply of housing accommodations and over-all vacancy rates (2)] THE
STATE OF THE RENTAL REAL ESTATE MARKET AND SUBMARKETS WITHIN THE CITY OF
NEW YORK, INCLUDING THE AVAILABILITY OF AFFORDABLE, HABITABLE RENTAL
HOUSING ACCOMMODATIONS, (2) THE ECONOMIC CONDITION OF THE RESIDENTIAL
REAL ESTATE INDUSTRY, INCLUDING CHANGES IN THE VALUE OF RESIDENTIAL REAL
ESTATE, THE PROFITABILITY OF OWNERSHIP OF RENTAL HOUSING AND SUCH
FACTORS AS THE PREVAILING (I) INCREASES OR DECREASES IN RENTS AND GROSS
RENTAL INCOME, INCLUDING INCOME FROM OTHER THAN RESIDENTIAL RENTS,
INCLUDING IMPUTED RENTAL VALUE FOR APARTMENTS OCCUPIED BY OWNERS OR
MEMBERS OF THEIR FAMILIES OR ASSOCIATES OF OWNERS, FOR BUILDINGS SUBJECT
TO THIS LAW OR THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-
FOUR, (II) INCREASES OR DECREASES IN OPERATION AND MAINTENANCE COSTS OF
BUILDINGS SUBJECT TO THIS LAW OR THE EMERGENCY TENANT PROTECTION ACT OF
NINETEEN SEVENTY-FOUR INCLUDING REAL ESTATE TAXES, SEWER AND WATER
RATES, INSURANCE RATES, ADMINISTRATIVE COSTS, GOVERNMENTAL FEES, FUEL,
UTILITIES, AND LABOR, (III) COSTS AND AVAILABILITY OF FINANCING (INCLUD-
ING EFFECTIVE RATES OF INTEREST) AND COSTS, AVAILABILITY AND PROFITABIL-
ITY OF REFINANCING, (IV) ECONOMIC BENEFITS, OTHER THAN RENTAL INCOME,
DERIVED FROM THE OWNERSHIP AND UPGRADING OF RENTAL PROPERTY, (V) RETURNS
ON CAPITAL PLACED AT RISK BY OWNERS, (VI) OVER-ALL SUPPLY OF HOUSING
ACCOMMODATIONS AND OVER-ALL VACANCY RATES, (VII) INCREASES OR DECREASES
IN NET OPERATING INCOME OF BUILDINGS SUBJECT TO THIS LAW OR THE EMERGEN-
CY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, (3) relevant data
from the current and projected cost of living indices for the affected
area, [(3)] (4) MEDIAN TENANT INCOMES AND RENT BURDENS FOR TENANTS AND
OTHER MEASURES OF AFFORDABILITY, (5) such other data as may be made
available to it. NET OPERATING INCOME SHALL MEAN THE PERCENTAGE OF EACH
S. 8215 3
DOLLAR OF GROSS RENTAL INCOME REMAINING AFTER PAYMENT OF ALL COSTS OF
OPERATION AND MAINTENANCE. DEBT SERVICE PAYMENTS, CAPITAL EXPENDITURES
AND DEPRECIATION SHALL NOT BE CONSIDERED OPERATION AND MAINTENANCE
COSTS, AND THE RENT GUIDELINES BOARD SHALL NOT CONSIDER DEBT SERVICE
PAYMENTS, CAPITAL EXPENDITURES OR DEPRECIATION IN DETERMINING ANNUAL
RENT ADJUSTMENTS. THE BOARD SHALL NOT CONSIDER A PRICE INDEX OF OPERAT-
ING COSTS WHEN DETERMINING ANNUAL ADJUSTMENTS. Not later than [July]
DECEMBER first of each year, the rent guidelines board shall file with
the city clerk its findings for the preceding calendar year, and shall
accompany such findings with a statement of the [maximum] rate or rates
of rent adjustment, if any, for one or more classes of HOUSING accommo-
dations subject to this law OR THE EMERGENCY TENANT PROTECTION ACT OF
NINETEEN SEVENTY-FOUR, authorized for VACANCY LEASES OR RENEWAL leases
or other rental agreements commencing on the next succeeding [October]
MARCH first or within the twelve months thereafter. Such findings and
statement shall be published in the City Record AND THE RENT GUIDELINES
BOARD SHALL DISSEMINATE SUCH FINDINGS AND STATEMENT TO CITYWIDE AND
LOCAL NEWSPAPERS, RADIO AND TELEVISION STATIONS AND OTHER MEDIA. The
rent guidelines board shall not establish annual [guidelines for] rent
adjustments based on the current rental cost of a unit or on the amount
of time that has elapsed since another rent [increase] ADJUSTMENT was
authorized pursuant to this title.
c. [Such] AS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND TWENTY-FIVE THAT AMENDED THIS SUBDIVISION UNTIL DECEMBER THIR-
TY-FIRST, TWO THOUSAND TWENTY-SIX members shall be compensated on a per
diem basis of [one] TWO hundred dollars per day for no more than twen-
ty-five days a year except that the [chairman] CHAIR shall be compen-
sated at [one] TWO hundred [twenty-five] FIFTY dollars a day for no more
than fifty days a year. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-
SEVEN AND ANNUALLY THEREAFTER COMPENSATION SHALL BE UPDATED TO REFLECT
THE ANNUAL AVERAGE CHANGES OF THE CONSUMER PRICE INDEX FOR ALL URBAN
CONSUMERS (CPI-U), AS PUBLISHED ANNUALLY BY THE UNITED STATES DEPARTMENT
OF LABOR BUREAU OF LABOR STATISTICS. The [chairman] CHAIR shall be chief
administrative officer of the rent guidelines board and among [his or
her] SUCH CHAIR'S powers and duties [he or she] SUCH CHAIR shall have
the authority to employ, assign and supervise the employees of the rent
guidelines board and SHALL, WITH THE ADVICE AND CONSENT OF FOUR OR MORE
OTHER MEMBERS OF THE RENT GUIDELINES BOARD, enter into contracts for
consultant services. The department of housing preservation and develop-
ment shall cooperate with the rent guidelines board and may assign
personnel and perform such services in connection with the duties of the
rent guidelines board as may reasonably be required by the [chairman]
RENT GUIDELINES BOARD.
h. The rent guidelines board prior to the annual adjustment of the
level of fair rents provided for under subdivision b of this section for
dwelling units and hotel dwelling units covered by this law, shall hold
a public hearing or hearings for the purpose of collecting information
relating to all factors set forth in subdivision b of this section.
Notice of the date, time, location and summary of subject matter for the
public hearing or hearings shall be published in the City Record daily
for a period of not less than eight days and at least once in one or
more newspapers of general circulation at least eight days immediately
preceding each hearing date, at the expense of the city of New York, and
the hearing shall be open for testimony from any individual, group,
association or representative thereof who wants to testify. A PUBLIC
HEARING SHALL BE HELD IN EACH OF THE FOLLOWING COUNTIES: NEW YORK,
S. 8215 4
KINGS, QUEENS, RICHMOND AND BRONX. ADDITIONALLY, THERE SHALL BE ONE
HEARING THAT ACCEPTS TESTIMONY VIRTUALLY.
K. ALL OWNERS OF HOUSING ACCOMMODATIONS SUBJECT TO THIS LAW OR THE
EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR SHALL ANNUALLY
SUBMIT INCOME AND EXPENDITURE REPORTS TO THE NEW YORK CITY RENT GUIDE-
LINES BOARD ON A FORM TO BE PROMULGATED BY THE BOARD. THE RENT GUIDE-
LINES BOARD IS AUTHORIZED TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT
OF FINANCE TO IMPLEMENT THIS FUNCTION ON BEHALF OF THE RENT GUIDELINES
BOARD, PURSUANT TO LOCAL LAW NUMBER SIXTY-THREE OF THE CITY OF NEW YORK
FOR THE YEAR NINETEEN HUNDRED EIGHTY-SIX, PROVIDED THAT INCOME AND
EXPENDITURE DATA FOR THE LAST CALENDAR YEAR SHALL BE PROVIDED TO THE
RENT GUIDELINES BOARD NO LATER THAN FORTY-FIVE DAYS PRIOR TO ITS PRELIM-
INARY VOTE. OWNERS WHO FAIL TO SUBMIT SUCH REPORTS SHALL BE BARRED FROM
APPLYING FOR OR COLLECTING ANY RENT ADJUSTMENT TO WHICH THE OWNER MIGHT
OTHERWISE BE ENTITLED UNDER THE EMERGENCY TENANT PROTECTION ACT OF NINE-
TEEN SEVENTY-FOUR OR THIS LAW DURING THE TWELVE-MONTH PERIOD BEGINNING
THE NEXT MARCH FIRST, AND THE STATE DIVISION OF HOUSING AND COMMUNITY
RENEWAL SHALL FINE SUCH OWNERS ONE THOUSAND DOLLARS FOR A FIRST
VIOLATION, FIVE THOUSAND DOLLARS FOR A SECOND VIOLATION, OR TEN THOUSAND
DOLLARS FOR A THIRD OR LATER VIOLATION OF THIS REQUIREMENT.
L. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION
AND THEREAFTER NO LESS OFTEN THAN EVERY TEN YEARS, THE RENT GUIDELINES
BOARD SHALL REQUIRE A SAMPLE OF LANDLORDS SUBJECT TO REGULATION UNDER
THIS LAW TO MAKE AVAILABLE THEIR BOOKS AND RECORDS REGARDING INCOME,
EXPENDITURES, TAX BENEFITS AND FINANCING ARRANGEMENTS FOR EXAMINATION BY
THE BOARD AND THE BOARD SHALL UTILIZE THE RESULTS OF THE ANALYSIS OF
SUCH SAMPLE AS ONE OF THE CRITERIA UPON WHICH ITS FINDINGS ARE BASED.
SUCH SAMPLE SHALL BE DESIGNED TO BE REASONABLY REPRESENTATIVE OF THE
TYPES OF BUILDINGS, EXCLUDING BUILDINGS THAT HAVE BEEN CONVERTED TO
CO-OPERATIVE OR CONDOMINIUM STATES, THAT ARE SUBJECT TO REGULATION UNDER
THIS LAW OR THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR
WITHIN THE MUNICIPALITY. ANY INFORMATION PROVIDED BY OWNERS PURSUANT TO
THIS SUBDIVISION REGARDING AN INDIVIDUAL BUILDING OR GROUP OF BUILDINGS
SHALL NOT BE AVAILABLE TO THE PUBLIC UNDER THE FREEDOM OF INFORMATION
LAW AND THE RENT GUIDELINES BOARD SHALL SAFEGUARD THE CONFIDENTIALITY OF
SUCH INFORMATION PROVIDED HOWEVER, THAT THE BOARD SHALL MAKE AVAILABLE
TO THE PUBLIC CUMULATIVE AND STATISTICAL RESULTS OF THE ANNUAL INCOME
AND EXPENDITURE SUBMISSIONS AND THE EXAMINATION OF THE REPRESENTATIVE
SAMPLE OF BOOKS AND RECORDS REQUIRED HEREIN.
§ 3. Subdivision a of section 4 of section 4 of chapter 576 of the
laws of 1974, constituting the emergency tenant protection act of nine-
teen seventy-four, as amended by section 5 of part G of chapter 36 of
the laws of 2019, is amended to read as follows:
a. In each county wherein any city having a population of less than
one million or any town or village has determined the existence of an
emergency pursuant to section three of this act, there shall be created
a rent guidelines board to consist of [nine] SEVEN members appointed by
the [commissioner of housing and community renewal upon recommendation
of the] county legislature, except that a rent guidelines board created
subsequent to the effective date of [the] chapter 36 of the laws of two
thousand nineteen [that amended this section] shall consist of [nine]
SEVEN members appointed by [the commissioner of housing and community
renewal upon recommendations of] the local legislative body of each city
having a population of less than one million or town or village which
has determined the existence of an emergency pursuant to section three
of this act. Such [recommendation] APPOINTMENTS shall be made within
S. 8215 5
thirty days after the first local declaration of an emergency in such
county, CITY, TOWN, OR VILLAGE; two such members shall be representative
of tenants, two shall be representative of owners of property, and
[five] THREE shall be public members [each of whom]. EACH OF THE PUBLIC
MEMBERS shall have had at least five [years] YEARS' experience in
[either] PUBLIC SERVICE, PHILANTHROPY, SOCIAL SERVICES, URBAN PLANNING,
SOCIOLOGY, GEOGRAPHY, LABOR, NONPROFIT MANAGEMENT, finance, economics or
housing. One public member shall be designated by the [commissioner]
COUNTY LEGISLATURE OR LOCAL LEGISLATIVE BODY to serve as [chairman]
CHAIR and shall hold no other public office. No member, officer or
employee of any municipal rent regulation agency or the state division
of housing and community renewal and no person who owns or manages real
estate covered by this law or [who is an officer of any owner or tenant
organization] THE NEW YORK CITY RENT STABILIZATION LAW OF NINETEEN
HUNDRED SIXTY-NINE OR MORE THAN TWO RENTAL APARTMENTS NOT COVERED BY
THIS LAW OR THE NEW YORK CITY RENT STABILIZATION LAW OF NINETEEN HUNDRED
SIXTY-NINE shall serve on a rent guidelines board. One public member,
one member representative of tenants and one member representative of
owners shall serve for a term ending two years from January first next
succeeding the date of their appointment; one public member, one member
representative of tenants and one member representative of owners shall
serve for terms ending three years from the January first next succeed-
ing the date of their appointment [and three public members shall serve
for terms ending four years from January first next succeeding the dates
of their appointment]. Thereafter, all members shall serve for terms of
four years each. Members shall continue in office until [their] SUCH
MEMBER'S successors have been appointed and qualified. The [commission-
er] COUNTY LEGISLATURE OR LOCAL LEGISLATIVE BODY shall fill any vacancy
which may occur by reason of death, resignation or otherwise in [a
manner consistent] ACCORDANCE with the [original appointment] PROVISIONS
OF THIS SUBDIVISION. A member OF A COUNTY RENT GUIDELINES BOARD may be
removed by the [commissioner] COUNTY LEGISLATURE for cause, but not
without an opportunity to be heard in person or by counsel, in [his]
SUCH MEMBER'S defense, upon not less than ten [days] DAYS' notice. A
MEMBER OF A MUNICIPAL RENT GUIDELINES BOARD MAY BE REMOVED BY THE LOCAL
LEGISLATIVE BODY FOR CAUSE, BUT NOT WITHOUT AN OPPORTUNITY TO BE HEARD
IN PERSON OR BY COUNSEL, IN SUCH MEMBER'S DEFENSE, UPON NOT LESS THAN
TEN DAYS' NOTICE. Compensation for the members of the board shall be ON
A PER DIEM BASIS at the rate of [one] TWO hundred dollars per day, for
no more than twenty days a year, except that the [chairman] CHAIR shall
be compensated at the rate of [one] TWO hundred [twenty-five] FIFTY
dollars a day for no more than thirty days a year. The [board shall be
provided staff assistance by the] division of housing and community
renewal SHALL COOPERATE WITH THE COUNTY AND MUNICIPAL RENT GUIDELINES
BOARDS AND SHALL ASSIGN PERSONNEL AND PERFORM SUCH SERVICES IN
CONNECTION WITH THE DUTIES OF THE RENT GUIDELINES BOARDS AS MAY REASON-
ABLY BE REQUIRED BY THE BOARDS. [The compensation of such members and
the costs of staff assistance shall be paid by the division of housing
and community renewal which shall be reimbursed in the manner prescribed
in section four of this act. The local legislative body of each city
having a population of less than one million and each town and village
in which an emergency has been determined to exist as herein provided
shall be authorized to designate one person who shall be representative
of tenants and one person who shall be representative of owners of prop-
erty to serve at its pleasure and without compensation to advise and
assist the county rent guidelines board in matters affecting the adjust-
S. 8215 6
ment of rents for housing accommodations in such city, town or village
as the case may be.]
§ 4. Subdivision a-1 of section 4 of section 4 of chapter 576 of the
laws of 1974, constituting the emergency tenant protection act of nine-
teen seventy-four, is REPEALED.
§ 5. Subdivision b of section 4 of section 4 of chapter 576 of the
laws of 1974, constituting the emergency tenant protection act of nine-
teen seventy-four, as amended by chapter 486 of the laws of 1976, the
opening paragraph as amended by section 3 of part Q of chapter 39 of the
laws of 2019, and the second and third undesignated paragraphs as
amended by chapter 330 of the laws of 1980, is amended and three new
subdivisions f, g and h are added to read as follows:
b. A county OR MUNICIPAL rent guidelines board shall establish annual
[guidelines for] rent adjustments, IF ANY, which, at its sole discretion
may be varied and different for and within the several zones and juris-
dictions of the board, and in determining whether rents for housing
accommodations as to which an emergency has been declared pursuant to
this act shall be adjusted, shall consider among other things (1) [the
economic condition of the residential real estate industry in the
affected area including such factors as the prevailing and projected (i)
real estate taxes and sewer and water rates, (ii) gross operating main-
tenance costs (including insurance rates, governmental fees, cost of
fuel and labor costs), (iii) costs and availability of financing
(including effective rates of interest), (iv) over-all supply of housing
accommodations and over-all vacancy rates (2)] THE STATE OF THE RENTAL
REAL ESTATE MARKET AND SUBMARKETS WITHIN THOSE AREAS, INCLUDING THE
AVAILABILITY OF AFFORDABLE, HABITABLE RENTAL HOUSING ACCOMMODATIONS, (2)
THE ECONOMIC CONDITION OF THE RESIDENTIAL REAL ESTATE INDUSTRY, INCLUD-
ING CHANGES IN THE VALUE OF RESIDENTIAL REAL ESTATE, THE PROFITABILITY
OF OWNERSHIP OF RENTAL HOUSING AND SUCH FACTORS AS THE PREVAILING (I)
INCREASES OR DECREASES IN RENTS AND GROSS RENTAL INCOME, INCLUDING
INCOME FROM OTHER THAN RESIDENTIAL RENTS, INCLUDING IMPUTED RENTAL VALUE
FOR APARTMENTS OCCUPIED BY OWNERS OR MEMBERS OF THEIR FAMILIES OR ASSO-
CIATES OF OWNERS, FOR BUILDINGS SUBJECT TO THIS ACT, (II) INCREASES OR
DECREASES IN OPERATION AND MAINTENANCE COSTS OF BUILDINGS SUBJECT TO
THIS ACT INCLUDING REAL ESTATE TAXES, SEWER AND WATER RATES, INSURANCE
RATES, ADMINISTRATIVE COSTS, GOVERNMENTAL FEES, FUEL, UTILITIES, AND
LABOR, (III) COSTS AND AVAILABILITY OF FINANCING (INCLUDING EFFECTIVE
RATES OF INTEREST) AND COSTS, AVAILABILITY AND PROFITABILITY OF REFI-
NANCING, (IV) ECONOMIC BENEFITS, OTHER THAN RENTAL INCOME, DERIVED FROM
THE OWNERSHIP AND UPGRADING OF RENTAL PROPERTY, (V) RETURNS ON CAPITAL
PLACED AT RISK BY OWNERS, (VI) OVER-ALL SUPPLY OF HOUSING ACCOMMODATIONS
AND OVER-ALL VACANCY RATES, (VII) INCREASES OR DECREASES IN NET OPERAT-
ING INCOME OF BUILDINGS SUBJECT TO THIS ACT, (3) relevant data from the
current and projected cost of living indices for the affected area,
[(3)] (4) MEDIAN INCOMES AND RENT BURDENS FOR TENANTS AND OTHER MEASURES
OF AFFORDABILITY, (5) such other data as may be made available to it.
NET OPERATING INCOME SHALL MEAN THE PERCENTAGE OF EACH DOLLAR OF GROSS
RENTAL INCOME REMAINING AFTER PAYMENT OF ALL COSTS OF OPERATION AND
MAINTENANCE. DEBT SERVICE PAYMENTS, CAPITAL EXPENDITURES AND DEPRECI-
ATION SHALL NOT BE CONSIDERED OPERATION AND MAINTENANCE COSTS, AND THE
RENT GUIDELINES BOARD SHALL NOT CONSIDER DEBT SERVICE PAYMENTS, CAPITAL
EXPENDITURES OR DEPRECIATION IN DETERMINING ANNUAL RENT ADJUSTMENTS.
THE BOARD SHALL NOT CONSIDER A PRICE INDEX OF OPERATING COSTS WHEN
DETERMINING ANNUAL ADJUSTMENTS. As soon as practicable after its
creation and thereafter not later than [July] DECEMBER first of each
S. 8215 7
year, a rent guidelines board shall file with the state division of
housing and community renewal its findings for the preceding calendar
year, and shall accompany such findings with a statement of the maximum
rate or rates of rent adjustment, if any, for one or more classes of
accommodation subject to this act, authorized for VACANCY LEASES OR
RENEWAL leases or other rental agreements commencing [during] ON the
next succeeding MARCH FIRST OR WITHIN THE twelve months THEREAFTER. The
standards for rent adjustments may be applicable for the entire county
or MUNICIPALITY AND may be varied according to such zones or jurisdic-
tions within such county as the board finds necessary to achieve the
purposes of this subdivision. THE STATE DIVISION OF HOUSING AND COMMU-
NITY RENEWAL SHALL DISSEMINATE SUCH FINDINGS AND STATEMENT TO COUNTYWIDE
AND LOCAL NEWSPAPERS, RADIO AND TELEVISION STATIONS AND OTHER MEDIA. A
rent guidelines board shall not establish annual [guidelines for] rent
adjustments based on the current rental cost of a unit or on the amount
of time that has elapsed since another rent [increase] ADJUSTMENT was
authorized pursuant to this chapter.
The standards for rent adjustments established annually shall be
effective for leases commencing on [October] MARCH first of each year
and during the next succeeding twelve months whether or not the board
has filed its findings and statement of the maximum rate or rates of
rent adjustment by [July] DECEMBER first of each year. If such lease is
entered into before such filing by the board, it may provide for the
rent to be adjusted by the rates then in effect, subject to change by
the applicable rates of rent adjustment when filed, such change to be
effective as of the date of the commencement of the lease. Said lease
must provide that, if the new rates of rent adjustment differ for leases
of different terms, the tenant has the option of changing the original
lease term to any other term for which a rate of rent adjustment is set
by the board, with the rental to be adjusted accordingly.
Where a city, town or village shall act to determine the existence of
public emergency pursuant to section three of this act subsequent to the
establishment of annual [guidelines for] rent adjustments of the HOUSING
accommodations subject to this act, the rent guidelines board as soon as
practicable thereafter shall file its findings and rates of rent adjust-
ment, IF ANY, for VACANCY LEASES OR RENEWAL leases or other rental
agreements for the housing accommodations in such a city, town or
village, which rates shall be effective for leases or other rental
agreements commencing on or after the effective date of the determi-
nation.
F. IN ADDITION TO PUBLIC HEARINGS, A COUNTY OR MUNICIPAL RENT GUIDE-
LINES BOARD SHALL HOLD A HEARING THAT ACCEPTS TESTIMONY VIRTUALLY.
G. ALL OWNERS OF HOUSING ACCOMMODATIONS SUBJECT TO THIS ACT SHALL
ANNUALLY SUBMIT INCOME AND EXPENDITURE REPORTS TO THE DIVISION OF HOUS-
ING AND COMMUNITY RENEWAL ON A FORM TO BE PROMULGATED BY THE DIVISION.
OWNERS WHO FAIL TO SUBMIT SUCH REPORTS SHALL BE BARRED FROM APPLYING FOR
OR COLLECTING ANY RENT ADJUSTMENT TO WHICH THE OWNER MIGHT OTHERWISE BE
ENTITLED UNDER THIS ACT OR THE EMERGENCY TENANT PROTECTION ACT OF NINE-
TEEN SEVENTY-FOUR DURING THE TWELVE-MONTH PERIOD BEGINNING THE FIRST OF
MARCH NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SUBDIVISION, AND THE
DIVISION SHALL FINE SUCH OWNERS ONE THOUSAND DOLLARS FOR A FIRST
VIOLATION, FIVE THOUSAND DOLLARS FOR A SECOND VIOLATION, OR TEN THOUSAND
DOLLARS FOR A THIRD OR LATER VIOLATION OF THIS REQUIREMENT.
H. NO LATER THAN ONE YEAR AFTER ITS CREATION AND THEREAFTER NO LESS
OFTEN THAN EVERY TEN YEARS, THE RENT GUIDELINES BOARD SHALL REQUIRE A
SAMPLE OF OWNERS SUBJECT TO REGULATION UNDER THIS ACT WITHIN THE JURIS-
S. 8215 8
DICTION OF A COUNTY OR MUNICIPAL RENT GUIDELINES BOARD TO MAKE AVAILABLE
THEIR BOOKS AND RECORDS REGARDING INCOME, EXPENDITURES, TAX BENEFITS AND
FINANCING ARRANGEMENTS FOR EXAMINATION BY THE DIVISION AND THE COUNTY OR
MUNICIPAL RENT GUIDELINES BOARD SHALL UTILIZE THE RESULTS OF ANALYSIS OF
SUCH SAMPLE AS ONE OF THE CRITERIA UPON WHICH ITS FINDINGS ARE BASED.
SUCH SAMPLE SHALL BE DESIGNED TO BE REASONABLY REPRESENTATIVE OF THE
TYPES OF BUILDINGS, EXCLUDING BUILDINGS THAT HAVE BEEN CONVERTED TO
CO-OPERATIVE OR CONDOMINIUM STATUS, THAT ARE SUBJECT TO REGULATION UNDER
THIS ACT WITHIN THE MUNICIPALITY. ANY INFORMATION PROVIDED BY OWNERS
PURSUANT TO THIS SUBDIVISION REGARDING AN INDIVIDUAL BUILDING OR GROUP
OF BUILDINGS SHALL NOT BE AVAILABLE TO THE PUBLIC UNDER THE FREEDOM OF
INFORMATION LAW AND THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL
SHALL SAFEGUARD THE CONFIDENTIALITY OF SUCH INFORMATION PROVIDED HOWEV-
ER, THAT THE BOARD SHALL MAKE AVAILABLE TO THE PUBLIC CUMULATIVE AND
STATISTICAL RESULTS OF THE ANNUAL INCOME AND EXPENDITURE SUBMISSIONS AND
THE EXAMINATION OF THE REPRESENTATIVE SAMPLE OF BOOKS AND RECORDS
REQUIRED HEREIN.
§ 6. Separability. If any section, clause or provision in this act
shall be held by a competent court to be unconstitutional or ineffective
in whole or in part, to the extent that it is not unconstitutional or
ineffective, it shall be valid and effective, and no other section,
clause or provision shall on account thereof be deemed invalid or inef-
fective.
§ 7. This act shall take effect immediately; provided, however, that
the amendments to section 26-510 of the rent stabilization law of nine-
teen hundred sixty-nine made by section two 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.
