This bill has been amended

Bill S208A-2013

Relates to the appointment and qualifications of members of rent boards

Relates to the appointment and qualifications of members of rent boards.

Details

Actions

  • Jan 8, 2014: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • Jun 11, 2013: PRINT NUMBER 208A
  • Jun 11, 2013: AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • Jan 9, 2013: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Memo

BILL NUMBER:S208A

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 broaden 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 January 1, 2014; 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 208--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. SQUADRON, AVELLA, HOYLMAN, KRUEGER -- 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 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 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 [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 January 1, 2014; 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.

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