S208-2013 Actions

• Jan 9, 2013: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

S208-2013 Memo

BILL NUMBER:S208

TITLE OF BILL:
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

PURPOSE:
The purpose of this bill to make more democratic the appointment of
members of rent guidelines boards and to enhance the qualifications
of the public members.

SUMMARY OF PROVISIONS:
Section 1: Amends the New York City Rent Stabilization Law. It gives
the New York City Council an advice and consent role in the mayoral
appointment of New York City Rent Guidelines Board members. It
removes a provision that the chair of the board serves at the
pleasure of the Mayor. It provides for the removal of members for
cause by the City Council and for the replacement of such members. It
adds experience in public service, philanthropy, social services,
urban planning, architecture, social sciences and with non-profit
corporations to the list of qualifications for appointment as public
members.

Section 2: Amends the Emergency Tenant Protection Act of 1974. It
gives the county executives of the counties of Nassau, Westchester
and Rockland
the power to appoint members of the county rent guidelines boards
with the advice and consent of the respective county legislatures. It
provides for the removal of members for cause by the county
legislature and for the replacement of such members. It adds
experience in public service, philanthropy, social services, urban
planning, architecture, social sciences and with non-profit
corporations to the list of qualifications for appointment as public
members.

Section 3: Effective date.

JUSTIFICATION:
Requiring City Council confirmation of the Mayor's appointees to the
New York City Rent Guidelines Board provides for a system of checks
and balances that is an essential component of our democracy.
Legislative continuation enhances home rule in the vital area of rent
regulation. It also acknowledges the important role of the public
officials serving on the New York City Rent Guidelines Board.

Removing the state Division of Housing and Community Renewal (DHCR)
from its current role in choosing members of the rent guidelines
boards in Nassau, Westchester and Rockland counties also serves to
make the appointment process more democratic. The elected county
executives should appoint the board members with the advice and
consent of their county legislatures. The DHCR, as enforcement agency
under the Emergency Tenant Protection Act, should not have a role in
the selection of the officials who decide upon the rent guidelines
that the agency must enforce.


By broadening the types of qualifications that are
required for public members of the guidelines boards, the bill gives
the appointing officials greater latitude to choose persons of
experience in a variety of disciplines, rather than only in finance,
economics and housing. This will enable the public members to reflect
a broader perspective on the rent setting process than was previously
available and will enhance the deliberations of the boards.

LEGISLATIVE HISTORY:

2011: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
2012: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
      AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY
      DEVELOPMENT
      PRINT NUMBER 741A
      AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY
      DEVELOPMENT
      PRINT NUMBER 741B
2011: A.6394 (Kavanagh) Housing
2010: A.8240 (Kavanagh) Housing
2009: A.8240 (Kavanagh) Housing

FISCAL IMPACT ON THE STATE:
None.

EFFECTIVE DATE:
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 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.

S208-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     208

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
    printed to be committed to the Committee on Housing, Construction  and
    Community Development

  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
  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00190-01-3

 S. 208                              2

  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
  [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-

 S. 208                              3

  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.