Senate Bill S9346A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9346--A
 
                             I N  S E N A T E
 
                               March 3, 2026
                                ___________
 
 Introduced by Sens. PARKER, JACKSON, SEPULVEDA -- read twice and ordered
   printed, and when printed to be committed to the Committee on Housing,
   Construction  and  Community Development -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend  the  real  property law, in relation to enacting the
   "housing transparency act"

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "housing transparency act".
   § 2. Legislative findings. The legislature finds and declares that:
   1. New York state  is  experiencing  significant  housing  challenges,
 including  limited housing supply, inconsistent reporting of rental unit
 occupancy status, and a lack of access to information regarding building
 code compliance and habitability standards;
   2. While existing state and local laws require compliance with  build-
 ing, fire, and housing codes, there is no consistent statewide mechanism
 for  reporting  the  occupancy  or vacancy status of rental units, nor a
 centralized system to provide public transparency  regarding  compliance
 certification prior to and following tenant occupancy;
   3.  The absence of consistent reporting and transparency impedes accu-
 rate housing supply data, complicates enforcement of habitability stand-
 ards, and limits tenants' ability to make informed decisions;
   4. The improvement of transparency in rental housing reporting,  while
 respecting  local enforcement authority and protecting personal privacy,
 serves a legitimate  public  purpose  by  enhancing  housing  stability,
 promoting  safe,  habitable  living  conditions, and supporting data-in-
 formed public policy decision making;
   5. Nothing in this act shall be  construed  to  supersede  or  preempt
 local  building, fire, or housing codes, but rather to supplement exist-
 ing enforcement mechanisms through standardized reporting  and  adminis-
 trative coordination;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15039-04-6
              

 S. 9346--A                          2
 
   6.  The legislature recognizes the importance of small property owners
 in maintaining affordable housing and intends to implement this  act  to
 minimize undue administrative burden; and
   7.  Reliable  and  accessible  housing data is necessary to ensure the
 integrity of rental markets,  prevent  prolonged  vacancy  of  habitable
 units, and promote public confidence in housing administration.
   §  3.  The real property law is amended by adding a new article 7-B to
 read as follows:
                                 ARTICLE 7-B
                         HOUSING TRANSPARENCY ACT
 SECTION 239-M. DEFINITIONS.
         239-N. ESTABLISHMENT OF RENTAL UNIT COMPLIANCE REGISTRY.
         239-O. PRE-OCCUPANCY AND TURNOVER CERTIFICATION.
         239-P. VOLUNTARY TENANT OCCUPANCY REPORTING.
         239-Q. LEASE TERM ELECTION REQUIREMENTS.
         239-R. ENFORCEMENT AND PENALTIES.
         239-S. PRIVACY AND DATA PROTECTION.
         239-T. APPLICATION AND REPORT.
         239-U. EXEMPTION FOR NONPROFIT HOUSING PROVIDERS.
   § 239-M. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "RENTAL UNIT" SHALL MEAN ANY DWELLING UNIT AS DEFINED IN THE MULTI-
 PLE  DWELLING LAW THAT IS LEASED, RENTED, OR OTHERWISE OCCUPIED PURSUANT
 TO A RENTAL AGREEMENT FOR RESIDENTIAL PURPOSES; PROVIDED, HOWEVER,  THAT
 SUCH TERM SHALL NOT INCLUDE:
   (A) OWNER-OCCUPIED BUILDINGS CONTAINING ONE OR TWO DWELLING UNITS;
   (B) DWELLING UNITS WITHIN ONE- OR TWO-FAMILY HOMES NOT HELD FOR RENTAL
 AS A PRIMARY BUSINESS PURPOSE;
   (C) ANY DWELLING UNITS SUBJECT TO A COOPERATIVE OR CONDOMINIUM FORM OF
 OWNERSHIP, INCLUDING UNITS SUBLET OR LEASED BY THE OWNER;
   (D)  UNITS  OWNED  OR  OPERATED  BY  A  NONPROFIT HOUSING PROVIDER, AS
 DEFINED IN THIS ARTICLE;
   (E) UNITS RECEIVING FEDERAL, STATE, OR LOCAL SUBSIDIES WHERE OCCUPANCY
 IS CONTINGENT  UPON  PARTICIPATION  IN  SUPPORTIVE  SERVICES,  PROVIDED,
 HOWEVER,  THAT  THIS  EXCLUSION  SHALL  NOT APPLY TO TENANT-BASED RENTAL
 ASSISTANCE PROGRAMS, INCLUDING BUT NOT LIMITED TO THE SECTION 8  HOUSING
 CHOICE VOUCHER PROGRAM;
   (F)  EMERGENCY  SHELTERS, TEMPORARY HOUSING ACCOMMODATIONS, OR TRANSI-
 TIONAL HOUSING PLACEMENTS; OR
   (G) ANY HOUSING PROGRAM WHERE OCCUPANCY IS  CONDITIONED  UPON  PARTIC-
 IPATION IN SOCIAL, MEDICAL, REHABILITATIVE, OR SUPPORTIVE SERVICES.
   2.  "COVERED  BUILDING" SHALL MEAN ANY RESIDENTIAL BUILDING CONTAINING
 MORE THAN TWO RENTAL UNITS;
   3. "OWNER" SHALL MEAN  ANY  PERSON,  FIRM,  PARTNERSHIP,  CORPORATION,
 LIMITED  LIABILITY  COMPANY,  OR OTHER ENTITY HOLDING LEGAL TITLE TO THE
 COVERED BUILDING, OR ANY AGENT THEREOF AUTHORIZED  TO  COLLECT  RENT  OR
 MANAGE THE PROPERTY;
   4. "OCCUPANCY STATUS" SHALL MEAN WHETHER A RENTAL UNIT IS:
   (A) OCCUPIED PURSUANT TO A LEASE OR RENTAL AGREEMENT;
   (B) VACANT AND AVAILABLE FOR RENT;
   (C)  VACANT  AND  TEMPORARILY  UNAVAILABLE  FOR RENT DUE TO REPAIRS OR
 RENOVATIONS; OR
   (D) OTHERWISE NOT LAWFULLY HABITABLE PURSUANT TO A GOVERNMENT ORDER;
   5. "PRE-OCCUPANCY  COMPLIANCE  CERTIFICATION"  SHALL  MEAN  A  WRITTEN
 CERTIFICATION  BY  THE  OWNER THAT THE RENTAL UNIT IS IN COMPLIANCE WITH
 S. 9346--A                          3
 
 APPLICABLE STATE AND LOCAL BUILDING, FIRE, AND HOUSING MAINTENANCE CODES
 AT THE TIME OF LEASE COMMENCEMENT;
   6. "TURNOVER CERTIFICATION" SHALL MEAN A WRITTEN CERTIFICATION SUBMIT-
 TED  BY THE OWNER FOLLOWING THE TERMINATION OF A TENANCY, INDICATING THE
 CONDITION OF THE RENTAL UNIT AND ANY OUTSTANDING VIOLATIONS;
   7. "DIVISION"  SHALL  MEAN  THE  DIVISION  OF  HOUSING  AND  COMMUNITY
 RENEWAL;
   8. "SMALL PROPERTY OWNER" SHALL MEAN:
   (A)  IN  THE UPSTATE REGION, AN OWNER OF A BUILDING CONTAINING NO MORE
 THAN THREE RENTAL UNITS, INCLUDING SINGLE-FAMILY RENTAL PROPERTIES,  AND
 OWNERS  OF  ONE-  TO THREE-FAMILY RESIDENTIAL PROPERTIES, WHETHER OR NOT
 OWNER OCCUPIED; AND
   (B) IN THE DOWNSTATE REGION, AN INDIVIDUAL  OR ENTITY OWNING  NO  MORE
 THE  TEN  RENTAL UNITS STATEWIDE, INCLUDING SINGLE-FAMILY RENTAL PROPER-
 TIES, AND OWNERS OF ONE- TO TEN-FAMILY RESIDENTIAL  PROPERTIES,  WHETHER
 OR  NOT  OWNER-OCCUPIED;  PROVIDED,  HOWEVER,  THAT  SUCH TERM SHALL NOT
 INCLUDE:
   (I) ANY DWELLING UNIT SUBJECT TO A COOPERATIVE OR CONDOMINIUM FORM  OF
 OWNERSHIP;
   (II)  ANY  ENTITY  THAT, DIRECTLY OR INDIRECTLY, THROUGH COMMON OWNER-
 SHIP, AFFILIATES, OR CONTROLLING INTEREST, OWNS  OR  MANAGES  MORE  THAN
 THREE UNITS STATEWIDE;
   (III)  ANY REAL ESTATE INVESTMENT TRUST, CORPORATE LANDLORD, OR INSTI-
 TUTIONAL INVESTOR; OR
   (IV) ANY NONPROFIT HOUSING PROVIDER AS DEFINED IN THIS ARTICLE; AND
   9. "NONPROFIT HOUSING PROVIDER" SHALL  MEAN  ANY  ORGANIZATION  EXEMPT
 UNDER  SECTION 501(C)(3) OF THE UNITED STATES INTERNAL REVENUE CODE THAT
 OWNS OR OPERATES  RESIDENTIAL  HOUSING  FOR  THE  PURPOSE  OF  PROVIDING
 AFFORDABLE,   SUPPORTIVE,   TRANSITIONAL,  OR  COMMUNITY-BASED  HOUSING;
 PROVIDED, HOWEVER, THAT SUCH TERM SHALL NOT INCLUDE ANY ENTITY PRIMARILY
 ENGAGED IN MARKET-RATE RENTAL ACTIVITY WITHOUT THE PROVISION OF SUPPORT-
 IVE OR COMMUNITY-BASED SERVICES.
   10. "DOWNSTATE REGION" SHALL MEAN THE COUNTIES  OF  NEW  YORK,  KINGS,
 QUEENS,  BRONX, RICHMOND, NASSAU, WESTCHESTER, ROCKLAND, SUFFOLK, DUTCH-
 ESS, PUTNAM, SULLIVAN AND ORANGE COUNTY.
   11. "UPSTATE REGION" SHALL MEAN ALL COUNTIES OF THE STATE NOT INCLUDED
 IN THE DOWNSTATE REGION.
   § 239-N. ESTABLISHMENT OF RENTAL UNIT COMPLIANCE REGISTRY.  1.  WITHIN
 ONE  YEAR  OF  THE  EFFECTIVE  DATE  OF THIS ARTICLE, THE DIVISION SHALL
 ESTABLISH AND MAINTAIN A STATEWIDE RENTAL UNIT COMPLIANCE  REGISTRY  FOR
 COVERED BUILDINGS WITHIN THE STATE.
   2.  EACH  OWNER OF A COVERED BUILDING SHALL REGISTER ANNUALLY WITH THE
 DIVISION IN A MANNER PRESCRIBED BY REGULATION. SUCH  REGISTRATION  SHALL
 INCLUDE:
   (A) THE ADDRESS OF THE COVERED BUILDING;
   (B) THE TOTAL NUMBER OF RENTAL UNITS IN SUCH COVERED BUILDING;
   (C) THE OCCUPANCY STATUS OF EACH UNIT;
   (D)  THE  DATE OF THE MOST RECENT INSPECTION CONDUCTED BY A GOVERNMENT
 ENTITY;
   (E) THE EXISTENCE OF ANY OPEN HOUSING, BUILDING, OR  FIRE  VIOLATIONS;
 AND
   (F)  CERTIFICATION THAT EACH OCCUPIED RENTAL UNIT COMPLIES WITH APPLI-
 CABLE HABITABILITY REQUIREMENTS.
   3. THE DIVISION SHALL MAKE REGISTRY  INFORMATION  PUBLICLY  ACCESSIBLE
 THROUGH AN ONLINE PORTAL.
 S. 9346--A                          4
 
   4. THE DIVISION SHALL COORDINATE WITH LOCAL CODE ENFORCEMENT AGENCIES,
 HOUSING AGENCIES, AND EXISTING RENTAL HOUSING COMPLIANCE OR REGISTRATION
 SYSTEMS,  TO THE EXTENT PRACTICABLE, TO PROMOTE ADMINISTRATIVE EFFICIEN-
 CY, AVOID OR REDUCE  DUPLICATIVE  REPORTING  REQUIREMENTS,  AND  IMPROVE
 INTERAGENCY COMMUNICATION.
   5. WHERE PRACTICABLE, THE DIVISION SHALL ESTABLISH PROCEDURES FOR DATA
 SHARING, INTEROPERABILITY, OR COORDINATED REPORTING WITH EXISTING MUNIC-
 IPAL  OR  LOCAL HOUSING COMPLIANCE SYSTEMS, INCLUDING BUT NOT LIMITED TO
 SYSTEMS OPERATED BY THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION
 AND DEVELOPMENT, PROVIDED  THAT  ANY  SUCH  COORDINATION  COMPLIES  WITH
 APPLICABLE PRIVACY AND DATA PROTECTION LAWS.
   6.  THE  DIVISION  MAY  PERMIT OWNERS WHO ARE SUBJECT TO SUBSTANTIALLY
 SIMILAR LOCAL REGISTRATION OR REPORTING REQUIREMENTS TO SATISFY APPLICA-
 BLE PROVISIONS OF THIS ARTICLE THROUGH COORDINATED OR INTEGRATED REPORT-
 ING MECHANISMS ESTABLISHED BY REGULATION.
   7. THE DIVISION IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGULATIONS
 AS MAY BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
   § 239-O. PRE-OCCUPANCY AND TURNOVER CERTIFICATION.  1.  PRIOR  TO  THE
 COMMENCEMENT  OF  ANY NEW TENANCY IN A COVERED BUILDING, THE OWNER SHALL
 FILE WITH THE DIVISION A PRE-OCCUPANCY COMPLIANCE CERTIFICATION  AFFIRM-
 ING THAT:
   (A)  THE  RENTAL  UNIT IS FREE FROM HAZARDOUS VIOLATIONS AS DEFINED BY
 APPLICABLE STATE OR LOCAL LAWS;
   (B) ALL SMOKE DETECTION AND CARBON MONOXIDE DETECTION DEVICES REQUIRED
 BY LAW ARE INSTALLED AND FUNCTIONING;
   (C) NO OUTSTANDING VACATE ORDER OR CONDEMNATION ORDER APPLIES  TO  THE
 UNIT; AND
   (D) THE UNIT IS IN COMPLIANCE WITH THE WARRANTY OF HABITABILITY PURSU-
 ANT TO SECTION TWO HUNDRED THIRTY-FIVE-B OF THIS CHAPTER.
   2.  A COPY OF SUCH CERTIFICATION SHALL BE PROVIDED TO THE TENANT AT OR
 BEFORE THE LEASE SIGNING.
   3. WITHIN THIRTY DAYS FOLLOWING THE  TERMINATION  OF  A  TENANCY,  THE
 OWNER SHALL SUBMIT TO THE DIVISION A TURNOVER CERTIFICATION INDICATING:
   (A) WHETHER THE UNIT IS VACANT AND AVAILABLE TO RENT;
   (B) WHETHER THE UNIT IS UNDERGOING REPAIR OR RENOVATION; AND
   (C)  THE  CORRECTION  STATUS OF ANY VIOLATIONS ISSUED DURING THE PRIOR
 TENANCY.
   4. NOTHING IN THIS SECTION SHALL REQUIRE  AN  ADDITIONAL  GOVERNMENTAL
 INSPECTION WHERE NONE IS OTHERWISE REQUIRED BY LAW.
   5.  OWNERS SHALL PROVIDE TENANTS, AT OR BEFORE THE LEASE SIGNING, WITH
 NOTICE OF REGISTRY ACCESS, OCCUPANCY REPORTING  RIGHTS,  AND  APPLICABLE
 PRIVACY PROTECTIONS ESTABLISHED PURSUANT TO THIS ARTICLE.
   § 239-P. VOLUNTARY  TENANT  OCCUPANCY REPORTING. 1. THE DIVISION SHALL
 ESTABLISH A SECURE MECHANISM BY WHICH TENANTS OF COVERED  BUILDINGS  MAY
 VOLUNTARILY SUBMIT INFORMATION CONFIRMING:
   (A) OCCUPANCY OF A RENTAL UNIT;
   (B) THE EXISTENCE OF A WRITTEN OR ORAL RENTAL AGREEMENT; AND
   (C) CONCERNS REGARDING NONCOMPLIANCE WITH OCCUPANCY REPORTING REQUIRE-
 MENTS.
   2.  NO OWNER SHALL TAKE ADVERSE ACTION AGAINST A TENANT FOR SUBMITTING
 INFORMATION PURSUANT TO THIS SECTION. ANY SUCH ACTION  SHALL  CONSTITUTE
 RETALIATION UNDER SECTION TWO HUNDRED TWENTY-THREE-B OF THIS CHAPTER.
   3.  INFORMATION  SUBMITTED  BY TENANTS SHALL NOT BE PUBLICLY DISCLOSED
 AND SHALL BE USED SOLELY FOR ADMINISTRATIVE VERIFICATION AND ENFORCEMENT
 PURPOSES.
 S. 9346--A                          5
 
   4. SUBMISSION OF INFORMATION BY  A  TENANT  SHALL  NOT  CONSTITUTE  AN
 ALTERATION  OF  THE  TERMS  OF  ANY  LEASE, TENANCY, OR LAWFUL OCCUPANCY
 STATUS.
   5. ALL INFORMATION SUBMITTED PURSUANT TO THIS SECTION SHALL BE MADE IN
 GOOD FAITH AND TO THE BEST OF THE TENANTS' KNOWLEDGE AND BELIEF.
   6.  THE  DIVISION  SHALL  NOT  TAKE ENFORCEMENT ACTION BASED SOLELY ON
 TENANT-SUBMITTED INFORMATION WITHOUT INDEPENDENT VERIFICATION OR CORROB-
 ORATION FROM RELIABLE SOURCES.
   7. INFORMATION SUBMITTED PURSUANT TO THIS SECTION SHALL NOT CONSTITUTE
 PRIMA FACIE EVIDENCE IN ANY CIVIL OR ADMINISTRATIVE PROCEEDING.
   8. ANY PERSON WHO KNOWINGLY SUBMITS MATERIALLY FALSE INFORMATION  WITH
 THE INTENT TO MISLEAD THE DIVISION SHALL BE SUBJECTED TO A CIVIL PENALTY
 AS DETERMINED BY REGULATION.
   9.  THE  DIVISION SHALL ESTABLISH PROCEDURES TO IDENTIFY AND DISREGARD
 REPETITIVE, FRIVOLOUS, OR BAD FAITH SUBMISSIONS.
   § 239-Q. LEASE TERM ELECTION REQUIREMENTS. 1. (A) FOR A COVERED BUILD-
 ING, AN OWNER SHALL, AT THE COMMENCEMENT OF A NEW TENANCY  OCCURRING  ON
 AND  AFTER  THE  EFFECTIVE  DATE  OF THIS SECTION, OFFER THE PROSPECTIVE
 TENANT THE OPTION OF ENTERING INTO A:
   (I) LEASE TERM OF NOT LESS THAN SIX MONTHS;
   (II) LEASE TERM OF TWELVE MONTHS; OR
   (III) LEASE TERM OF TWENTY-FOUR MONTHS.
   (B) OWNERS QUALIFYING AS SMALL  PROPERTY  OWNERS  UNDER  THIS  ARTICLE
 SHALL BE EXEMPT FROM LEASE TERM ELECTION REQUIREMENTS.
   2.  NOTHING  IN THIS SECTION SHALL PROHIBIT AN OWNER FROM ESTABLISHING
 DIFFERING RENTAL RATES FOR  DIFFERING  LEASE  DURATIONS,  PROVIDED  SUCH
 RATES COMPLY WITH APPLICABLE LAW.
   3. THIS SECTION SHALL NOT APPLY TO:
   (A) SMALL PROPERTY OWNERS;
   (B) OWNER-OCCUPIED BUILDINGS CONTAINING LESS THAN THREE UNITS; AND
   (C)  TEMPORARY  HOUSING  ACCOMMODATIONS INTENDED FOR OCCUPANCY OF LESS
 THAN SIX MONTHS.
   4. NOTHING IN THIS SECTION SHALL PROHIBIT RENTAL AGREEMENTS FOR A TERM
 OF THIRTY DAYS OR LESS PROVIDED SUCH AGREEMENTS COMPLY WITH ALL APPLICA-
 BLE STATE AND LOCAL LAWS AND  ARE  NOT  USED  TO  CIRCUMVENT  SHORT-TERM
 RENTAL REGULATIONS.
   § 239-R. ENFORCEMENT AND PENALTIES. 1. THE DIVISION SHALL HAVE AUTHOR-
 ITY  TO ENFORCE THE PROVISIONS OF THIS ARTICLE AND MAY CONDUCT AUDITS OF
 REGISTRY SUBMISSIONS TO ENSURE COMPLIANCE.
   2. (A) AN OWNER WHO FAILS TO FILE REQUIRED REGISTRATION INFORMATION OR
 CERTIFICATIONS PURSUANT TO THIS ARTICLE SHALL  BE  SUBJECT  TO  A  CIVIL
 PENALTY  NOT TO EXCEED FIVE HUNDRED DOLLARS PER UNIT PER YEAR OF NONCOM-
 PLIANCE.
   (B) AN OWNER WHO KNOWINGLY SUBMITS MATERIALLY FALSE INFORMATION  SHALL
 BE  SUBJECT  TO  A  CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS PER
 UNIT PER VIOLATION.
   3. PRIOR TO THE IMPOSITION OF ANY CIVIL PENALTY,  THE  DIVISION  SHALL
 PROVIDE  WRITTEN NOTICE OF NONCOMPLIANCE AND ALLOW THE OWNER THIRTY DAYS
 TO CURE SUCH DEFICIENCY.
   4. NO OWNER OF A COVERED BUILDING SHALL BE  ELIGIBLE  TO  IMPLEMENT  A
 RENT INCREASE OTHERWISE PERMITTED BY LAW FOR ANY RENTAL UNIT THAT:
   (A)  HAS  NOT  SUBMITTED A REQUIRED PRE-OCCUPANCY OR ANNUAL COMPLIANCE
 CERTIFICATION;
   (B) HAS AN OUTSTANDING HAZARDOUS VIOLATION AS  DEFINED  BY  APPLICABLE
 STATE AND LOCAL CODE; OR
 S. 9346--A                          6

   (C)  IS NOT PROPERLY REGISTERED IN THE RENTAL UNIT COMPLIANCE REGISTRY
 PURSUANT TO THIS ARTICLE.
   5.  THE  DIVISION  MAY  REFER  CASES  INVOLVING  REPEATED  OR  WILLFUL
 VIOLATIONS TO THE OFFICE OF THE ATTORNEY GENERAL FOR FURTHER ENFORCEMENT
 ACTION.
   6. NO SMALL PROPERTY OWNER OR COMPLIANT OWNER WHO DEMONSTRATES A  GOOD
 FAITH  EFFORT  TO  COMPLY  WITH  THE PROVISIONS OF THIS ARTICLE SHALL BE
 SUBJECTED TO CIVIL PENALTIES FOR A FIRST-TIME  OR  TECHNICAL  VIOLATION,
 PROVIDED SUCH VIOLATION IS CURED WITHIN THE NOTICE PERIOD ESTABLISHED BY
 THE DIVISION.
   7.  OWNERS  DEMONSTRATING  CONTINUOUS COMPLIANCE WITH THE PROVISION OF
 THIS ARTICLE FOR THREE  CONSECUTIVE  YEARS  MAY  QUALIFY  FOR  EXPEDITED
 ADMINISTRATIVE  REVIEW  OR  OTHER INCENTIVES ESTABLISHED BY THE DIVISION
 PURSUANT TO REGULATION.
   § 239-S. PRIVACY AND  DATA  PROTECTION.  1.  THE  DIVISION  SHALL  NOT
 DISCLOSE PERSONALLY IDENTIFIABLE INFORMATION OF TENANTS COLLECTED PURSU-
 ANT TO THIS ARTICLE.
   2.  THE DIVISION SHALL IMPLEMENT REASONABLE ADMINISTRATIVE, TECHNICAL,
 AND PHYSICAL SAFEGUARDS TO PROTECT CONFIDENTIAL INFORMATION.
   3. INFORMATION COLLECTED PURSUANT TO THIS ARTICLE SHALL BE SOLELY  FOR
 HOUSING  ADMINISTRATION,  COMPLIANCE VERIFICATION, PUBLIC REPORTING, AND
 ENFORCEMENT PURPOSES.
   § 239-T. APPLICATION AND REPORT. 1. DOWNSTATE  REGION.  (A)  BEGINNING
 TWO  YEARS  AFTER  THE EFFECTIVE DATE OF THIS ARTICLE, THE PROVISIONS OF
 THIS ARTICLE SHALL APPLY TO OWNERS OF COVERED BUILDINGS CONTAINING TWEN-
 TY OR MORE RENTAL UNITS IN THE DOWNSTATE REGION.
   (B) BEGINNING THREE YEARS AFTER THE EFFECTIVE DATE  OF  THIS  ARTICLE,
 THE  PROVISIONS  OF THIS ARTICLE SHALL APPLY TO OWNERS OF COVERED BUILD-
 INGS CONTAINING TEN OR MORE RENTAL UNITS IN THE DOWNSTATE REGION.
   2. UPSTATE REGION. (A) BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF
 THIS ARTICLE, THE PROVISIONS OF THIS ARTICLE SHALL APPLY  TO  OWNERS  OF
 COVERED  BUILDINGS CONTAINING TWENTY OR MORE RENTAL UNITS IN THE UPSTATE
 REGION.
   (B) BEGINNING THREE YEARS AFTER THE EFFECTIVE DATE  OF  THIS  ARTICLE,
 THE  PROVISIONS  OF THIS ARTICLE SHALL APPLY TO OWNERS OF COVERED BUILD-
 INGS CONTAINING BETWEEN SIX AND NINETEEN RENTAL  UNITS  IN  THE  UPSTATE
 REGION.
   3.    FULL  IMPLEMENTATION.   BEGINNING FOUR YEARS AFTER THE EFFECTIVE
 DATE OF THIS ARTICLE, THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO  ALL
 OWNERS  OF  COVERED  BUILDINGS,  EXCEPT SMALL PROPERTY OWNERS AND EXEMPT
 NONPROFIT HOUSING PROVIDERS.
   4. BEGINNING FOUR YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE,  THE
 DIVISION  SHALL  ISSUE A REPORT TO THE LEGISLATURE ON THE IMPLEMENTATION
 OF THIS ARTICLE INCLUDING BUT NOT LIMITED TO  THE  COMPLIANCE  RATE  AND
 ADMINISTRATIVE IMPACT OF THIS ARTICLE.
   §  239-U.  EXEMPTION  FOR NONPROFIT HOUSING PROVIDERS. NOTWITHSTANDING
 ANY PROVISION OF THIS ARTICLE TO THE CONTRARY, THE REQUIREMENTS OF  THIS
 ARTICLE  SHALL  NOT  APPLY  TO  RENTAL  UNITS OWNED AND/OR OPERATED BY A
 NONPROFIT HOUSING PROVIDER, AS  DEFINED  IN  THIS  ARTICLE,  WHERE  SUCH
 RENTAL  UNITS  ARE  USED  FOR  AFFORDABLE,  SUPPORTIVE, TRANSITIONAL, OR
 COMMUNITY-BASED PURPOSES.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 S. 9346--A                          7

 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  5.  This  act shall take effect eighteen months after it shall have
 become a law. 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.