Actions

Text

STATE OF NEW YORK
________________________________________________________________________

6394--B

2011-2012 Regular Sessions

IN ASSEMBLY

March 16, 2011
___________

Introduced  by  M. of A. KAVANAGH, ROSENTHAL -- Multi-Sponsored by -- M.
  of A. 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  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the administrative code of the city of New York and  the
  emergency  tenant protection act of nineteen seventy-four, in relation
  to the establishment of rent boards

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision a of section 26-510 of the administrative code
of the city of New York is amended to read as follows:
  a. There shall be a rent guidelines board to consist of nine  members,
appointed  by the mayor UPON THE ADVICE AND CONSENT OF THE CITY COUNCIL.
Two members shall be representative of tenants, two shall  be  represen-
tative  of owners of property, and five shall be public members [each of
whom]. EACH OF THE PUBLIC MEMBERS shall have had  at  least  five  years
experience  in [either] PUBLIC SERVICE, SOCIAL SERVICES, URBAN PLANNING,
SOCIAL SCIENCES, finance, economics or housing. One public member  shall
be designated by the mayor UPON THE ADVICE AND CONSENT OF THE CITY COUN-
CIL  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] RECEIVES
COMPENSATION AS an officer of any owner  or  tenant  organization  shall
serve  on  a rent guidelines board. One public member, one member repre-
sentative 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01809-04-2
A. 6394--B                          2

tenants and one member representative of owners shall  serve  for  terms
ending  three  years  from the January first next succeeding the date of
their appointment 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 UPON THE ADVICE AND CONSENT
OF THE CITY COUNCIL shall fill any vacancy which may occur by reason  of
death,  resignation  or  otherwise  in  a  manner  consistent  with  the
[original appointment] PROVISIONS OF THIS SUBDIVISION. A member  may  be
removed  by  the  mayor  OR  CITY  COUNCIL for cause, but not without an
opportunity to be heard in person or by counsel, in his or her  defense,
upon  not less than ten days notice. A SUCCESSOR TO SUCH MEMBER SHALL BE
APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION TO SERVE
THE BALANCE OF THE TERM OF THE MEMBER WHO WAS REMOVED.
  S 2. 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 chapter 349 of the  laws  of  1979,  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  members  appointed  by  the
commissioner of housing and community renewal upon recommendation of the
county legislature which recommendation shall be made within thirty days
after  the  first  local declaration of an emergency in such county; two
such members shall be representative of tenants, two shall be  represen-
tative  of owners of property, and five shall be public members [each of
whom]. EACH OF THE PUBLIC MEMBERS shall have had  at  least  five  years
experience  in [either] PUBLIC SERVICE, SOCIAL SERVICES, URBAN PLANNING,
SOCIAL SCIENCES, finance, economics or housing. One public member  shall
be designated by the commissioner 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
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  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  successors
have  been  appointed  and  qualified.  The  commissioner shall fill any
vacancy which may occur by reason of death, resignation or otherwise  in
a  manner  consistent with the [original appointment] PROVISIONS OF THIS
SUBDIVISION. A member may be removed by the commissioner for cause,  but
not  without  an opportunity to be heard in person or by counsel, in his
defense, upon not less than ten days notice. A SUCCESSOR TO SUCH  MEMBER
SHALL BE APPOINTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION
TO  SERVE THE BALANCE OF THE TERM OF THE MEMBER WHO WAS REMOVED. Compen-
sation for the members of the board shall be at the rate of one  hundred
dollars  per  day,  for no more than twenty days a year, except that the
A. 6394--B                          3

[chairman] CHAIR shall be compensated at the rate of one  hundred  twen-
ty-five  dollars  a  day  for no more than thirty days a year. The board
shall be provided staff assistance by the division of housing and commu-
nity  renewal.  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 popu-
lation 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 property
to  serve  at its pleasure and without compensation to advise and assist
the county rent guidelines board in matters affecting the adjustment  of
rents  for  housing  accommodations in such city, town or village as the
case may be.
  S 3. This act shall take effect immediately; provided that:
  (a) the amendments to section 26-510 of the rent stabilization law  of
nineteen hundred sixty-nine made by section one 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;
  (b) the amendments to section 4 of the emergency tenant protection act
of nineteen seventy-four made by section two of this act shall expire on
the same date as such act expires and shall not affect the expiration of
such act as provided in section 17 of chapter 576 of the laws of 1974;
  (c)  the  rent  boards  as reconstituted pursuant to this act shall be
appointed and confirmed within forty-five days after the effective  date
of this act; and
  (d) upon the appointment of a rent board pursuant to the provisions of
this  act,  any  existing  predecessor rent board shall be dissolved and
such predecessor rent board shall have no further authority.