NY State Senate Bill 2013-S2104

Senate Bill S2104

2013-2014 Legislative Session

Provides that income certification forms shall not appear on letterhead of the state and shall be revised to set forth content in plain language

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Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to housing, construction and community development
Jan 10, 2013	referred to housing, construction and community development

2013-S2104 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Emergency Housing Rent Control Law
Laws Affected:: Amd §2-a, Emerg Hous Rent Cont L; amd §5-a, Emerg Ten Prot Act of 1974; amd §§26-403.1 & 26-504.3, NYC Ad Cd
Versions Introduced in 2011-2012 Legislative Session:: S5681

2013-S2104 (ACTIVE) - Summary

Provides that income certification forms shall not appear on letterhead of the state and shall be revised to set forth content in plain language.

2013-S2104 (ACTIVE) - Sponsor Memo

2013-S2104 (ACTIVE) - Bill Text download pdf

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

                                  2104

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 10, 2013
                               ___________

Introduced by Sen. ESPAILLAT -- 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 emergency housing rent control  law,  the  emergency
  tenant  protection act of nineteen seventy-four and the administrative
  code of the city of New York,  in  relation  to  income  certification
  forms

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

  Section 1. Subdivision (b) of section 2-a of chapter 274 of  the  laws
of 1946, constituting the emergency housing rent control law, as amended
by section 32 of part B of chapter 97 of the laws of 2011, is amended to
read as follows:
  (b) On or before the first day of May in each calendar year, the owner
of  each housing accommodation for which the maximum monthly rent equals
or exceeds the deregulation rent threshold may  provide  the  tenant  or
tenants  residing  therein with an income certification form prepared by
the division of housing and community renewal on which  such  tenant  or
tenants  shall  identify  all  persons referred to in subdivision (a) of
this section and shall certify whether the total  annual  income  is  in
excess of the deregulation income threshold in each of the two preceding
calendar  years.  SUCH INCOME CERTIFICATION FORM SHALL NOT APPEAR ON THE
OFFICIAL LETTERHEAD OF THE STATE OR OF ANY AGENCY, DEPARTMENT, DIVISION,
BUREAU, BOARD, COMMISSION, COUNCIL OR  AUTHORITY  THEREOF  OR  OTHERWISE
CONVEY  THE  IMPRESSION  THAT  THE OWNER OF THE SUBJECT HOUSING ACCOMMO-
DATION WHO UTILIZES SUCH FORM IS VOUCHED FOR OR IS AN INSTRUMENTALITY OF
THE STATE. Such income certification form shall state  that  the  income
level  certified  to by the tenant may be subject to verification by the
department of taxation and  finance  pursuant  to  section  one  hundred
seventy-one-b  of  the  tax  law and shall not require disclosure of any
income information other than whether the aforementioned  threshold  has

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05606-01-3

S. 2104                             2

been  exceeded. Such income certification form shall clearly state that:
(i) only tenants residing in housing accommodations which had a  maximum
monthly  rent  equal  to or in excess of the deregulation rent threshold
are  required to complete the certification form; (ii) that tenants have
protections available to them which are designed to prevent  harassment;
(iii) that tenants are not required to provide any information regarding
their  income except that which is requested on the form and may contain
such other information the division deems  appropriate.  The  tenant  or
tenants  shall  return  the  completed certification to the owner within
thirty days after service upon the tenant or tenants. In the event  that
the  total  annual  income as certified is in excess of the deregulation
income threshold in each of the two preceding calendar years, the  owner
may file the certification with the state division of housing and commu-
nity  renewal on or before June thirtieth of such year. Upon filing such
certification with the division, the division shall, within thirty  days
after  the  filing,  issue  an order of deregulation providing that such
housing accommodations shall not be subject to the  provisions  of  this
law  as  of the first day of June in the year next succeeding the filing
of the certification by the owner. A copy of such order shall be  mailed
by  regular  and certified mail, return receipt requested, to the tenant
or tenants and a copy thereof shall be mailed to the owner.
  S 2. Subdivision (b) of section 5-a 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 30 of part B of chapter 97 of
the laws of 2011, is amended to read as follows:
  (b) On or before the first day of May in each calendar year, the owner
of each housing accommodation for which the legal regulated monthly rent
equals or exceeds the deregulation rent threshold may provide the tenant
or tenants residing therein with an income certification  form  prepared
by the division of housing and community renewal on which such tenant or
tenants  shall  identify  all  persons referred to in subdivision (a) of
this section and shall certify whether the total  annual  income  is  in
excess of the deregulation income threshold in each of the two preceding
calendar  years.  SUCH INCOME CERTIFICATION FORM SHALL NOT APPEAR ON THE
OFFICIAL LETTERHEAD OF THE STATE OR OF ANY AGENCY, DEPARTMENT, DIVISION,
BUREAU, BOARD, COMMISSION, COUNCIL OR  AUTHORITY  THEREOF  OR  OTHERWISE
CONVEY  THE  IMPRESSION  THAT  THE OWNER OF THE SUBJECT HOUSING ACCOMMO-
DATION WHO UTILIZES SUCH FORM IS VOUCHED FOR OR IS AN INSTRUMENTALITY OF
THE STATE. Such income certification form shall state  that  the  income
level  certified  to by the tenant may be subject to verification by the
department of taxation and  finance  pursuant  to  section  one  hundred
seventy-one-b  of  the  tax law, and shall not require disclosure of any
information other than whether the  aforementioned  threshold  has  been
exceeded.  Such  income certification form shall clearly state that: (i)
only tenants residing in housing accommodations which had a legal  regu-
lated  monthly rent that equals or exceeds the deregulation rent thresh-
old are required to complete the certification form; (ii)  that  tenants
have protections available to them which are designed to prevent harass-
ment;  (iii)  that  tenants  are not required to provide any information
regarding their income except that which is requested on  the  form  and
may  contain  such other information the division deems appropriate. The
tenant or tenants shall return the completed certification to the  owner
within  thirty  days  after  service  upon the tenant or tenants. In the
event that the total annual income as certified  is  in  excess  of  the
deregulation  income  threshold  in  each  of the two preceding calendar
years, the owner may file the certification with the state  division  of

S. 2104                             3

housing  and community renewal on or before June thirtieth of such year.
Upon filing such certification with the division,  the  division  shall,
within  thirty days after the filing, issue an order providing that such
housing accommodation shall not be subject to the provisions of this act
upon the expiration of the existing lease. A copy of such order shall be
mailed  by  regular and certified mail, return receipt requested, to the
tenant or tenants and a copy thereof shall be mailed to the owner.
  S 3. Subdivision (b) of section 26-403.1 of the administrative code of
the city of New York, as amended by section 34 of part B of  chapter  97
of the laws of 2011, is amended to read as follows:
  (b) On or before the first day of May in each calendar year, the owner
of  each  housing  accommodation  for  which  the maximum rent equals or
exceeds the deregulation  rent  threshold  may  provide  the  tenant  or
tenants  residing  therein with an income certification form prepared by
the division of housing and community renewal on which  such  tenant  or
tenants  shall  identify  all  persons referred to in subdivision (a) of
this section and shall certify whether the total  annual  income  is  in
excess of the deregulation income threshold in each of the two preceding
calendar  years.  SUCH INCOME CERTIFICATION FORM SHALL NOT APPEAR ON THE
OFFICIAL LETTERHEAD OF THE STATE OR OF ANY AGENCY, DEPARTMENT, DIVISION,
BUREAU, BOARD, COMMISSION, COUNCIL OR  AUTHORITY  THEREOF  OR  OTHERWISE
CONVEY  THE  IMPRESSION  THAT  THE OWNER OF THE SUBJECT HOUSING ACCOMMO-
DATION WHO UTILIZES SUCH FORM IS VOUCHED FOR OR IS AN INSTRUMENTALITY OF
THE STATE. Such income certification form shall state  that  the  income
level  certified  to by the tenant may be subject to verification by the
department of taxation and  finance  pursuant  to  section  one  hundred
seventy-one-b  of  the  tax  law and shall not require disclosure of any
income information other than whether the aforementioned  threshold  has
been  exceeded. Such income certification form shall clearly state that:
(i) only tenants residing in housing accommodations which have a maximum
monthly rent that equals or exceeds the deregulation rent threshold  are
required  to  complete  the  certification  form; (ii) that tenants have
protections available to them which are designed to prevent  harassment;
(iii) that tenants are not required to provide any information regarding
their  income except that which is requested on the form and may contain
such other information the division deems  appropriate.  The  tenant  or
tenants  shall  return  the  completed certification to the owner within
thirty days after service upon the tenant or tenants. In the event  that
the  total  annual  income as certified is in excess of the deregulation
income threshold in each of the two preceding calendar years, the  owner
may file the certification with the state division of housing and commu-
nity  renewal on or before June thirtieth of such year. Upon filing such
certification with the division, the division shall, within thirty  days
after  the  filing,  issue  an order of deregulation providing that such
housing accommodations shall not be subject to the  provisions  of  this
law  as  of the first day of June in the year next succeeding the filing
of the certification by the owner. A copy of such order shall be  mailed
by  regular  and certified mail, return receipt requested, to the tenant
or tenants and a copy thereof shall be mailed to the owner.
  S 4. Subdivision (b) of section 26-504.3 of the administrative code of
the city of New York, as amended by section 36 of part B of  chapter  97
of the laws of 2011, is amended to read as follows:
  (b) On or before the first day of May in each calendar year, the owner
of  each housing accommodation for which the legal regulated rent equals
or exceeds the deregulation rent threshold may  provide  the  tenant  or
tenants  residing  therein with an income certification form prepared by

S. 2104                             4

the division of housing and community renewal on which  such  tenant  or
tenants  shall  identify  all  persons referred to in subdivision (a) of
this section and shall certify whether the total  annual  income  is  in
excess of the deregulation income threshold in each of the two preceding
calendar  years.  SUCH INCOME CERTIFICATION FORM SHALL NOT APPEAR ON THE
OFFICIAL LETTERHEAD OF THE STATE OR OF ANY AGENCY, DEPARTMENT, DIVISION,
BUREAU, BOARD, COMMISSION, COUNCIL OR  AUTHORITY  THEREOF  OR  OTHERWISE
CONVEY  THE  IMPRESSION  THAT  THE OWNER OF THE SUBJECT HOUSING ACCOMMO-
DATION WHO UTILIZES SUCH FORM IS VOUCHED FOR OR IS AN INSTRUMENTALITY OF
THE STATE. Such income certification form shall state  that  the  income
level  certified  to by the tenant may be subject to verification by the
department of taxation and  finance  pursuant  to  section  one  hundred
seventy-one-b  of  the  tax  law and shall not require disclosure of any
income information other than whether the aforementioned  threshold  has
been  exceeded. Such income certification form shall clearly state that:
(i) only tenants residing in housing accommodations which have  a  legal
regulated  monthly  rent,  that  equals or exceeds the deregulation rent
threshold are required to complete the  certification  form;  (ii)  that
tenants have protections available to them which are designed to prevent
harassment;  (iii) that tenants are not required to provide any informa-
tion regarding their income except that which is requested on  the  form
and  may  contain such other information the division deems appropriate.
The tenant or tenants shall return the completed  certification  to  the
owner  within  thirty  days after service upon the tenant or tenants. In
the event that the total annual income as certified is in excess of  the
deregulation  income  threshold  in  each  of the two preceding calendar
years, the owner may file the certification with the state  division  of
housing  and community renewal on or before June thirtieth of such year.
Upon filing such certification with the division,  the  division  shall,
within  thirty days after the filing, issue an order providing that such
housing accommodation shall not be subject to the provisions of this act
upon the expiration of the existing lease. A copy of such order shall be
mailed by regular and certified mail, return receipt requested,  to  the
tenant or tenants and a copy thereof shall be mailed to the owner.
  S  5. The division of housing and community renewal is hereby directed
to revise the income verification form required by section  2-a  of  the
emergency  housing rent control law, section 5-a of the emergency tenant
protection act of nineteen seventy-four, section 26-403.1  of  the  city
rent  and rehabilitation law and section 26-504.3 of the rent stabiliza-
tion law of nineteen  hundred  sixty-nine  to  set  forth  the  required
content  in a manner of language and format which is more comprehensible
to laypersons and on a form which does not appear on the  letterhead  of
the state or of any agency, department, division, bureau, board, commis-
sion,  council  or  authority  thereof and does not otherwise convey the
impression that the owner  of  the  subject  housing  accommodation  who
utilizes such form is vouched for or is an instrumentality of the state.
The  content  of  such form shall, at a minimum, be available in English
and Spanish. The revised form shall be complete and  made  available  by
the division on or before December 31, 2013.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided that:
  (a) the amendments to subdivision (b) of section 2-a of the  emergency
housing rent control law 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 in subdivision 2 of section 1 of chapter 274 of the
laws of 1946, as amended;

S. 2104                             5

  (b)  the amendments to subdivision (b) of section 5-a 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, as amended;
  (c)  the amendments to subdivision (b) of section 26-403.1 of the city
rent and rehabilitation law made by section  three  of  this  act  shall
remain  in  full  force  and effect only as long as the public emergency
requiring the regulation and control of residential rents and  evictions
continues,  as provided in subdivision 3 of section 1 of the local emer-
gency housing rent control act;
  (d) the amendments to section 26-504.3 of chapter 4 of title 26 of the
administrative code of the city of New York made by section four 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; and
  (e) 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 and directed to be made and  completed
on or before such effective date.

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