Senate Bill S2804

2015-2016 Legislative Session

Requires hearing by the DHCR prior to order of decontrol for failure to respond to income certification material relating to high income rent decontrol

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Sponsored By

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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2015-S2804 (ACTIVE) - Details

See Assembly Version of this Bill:
A5718
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 §§26-403.1 & 26-504.3, NYC Ad Cd; amd §5-a, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:
2009-2010: S3859, A622
2011-2012: S449, A6131
2013-2014: S3166, A84
2017-2018: S3188, A4318

2015-S2804 (ACTIVE) - Summary

Requires hearing by the division of housing and community renewal prior to an order of decontrol for a tenant's failure to respond to income certification material relating to high income rent decontrol; provides that failure to appear at the hearing will result in an order of decontrol; excludes certain tenants from inclusion for annual income determination.

2015-S2804 (ACTIVE) - Sponsor Memo

2015-S2804 (ACTIVE) - Bill Text download pdf

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

                                  2804

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 29, 2015
                               ___________

Introduced by Sens. KRUEGER, HASSELL-THOMPSON, HOYLMAN -- 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  administra-
  tive code of the city of New York, and the emergency tenant protection
  act  of  nineteen seventy-four, in relation to providing for a hearing
  before the division of housing and community renewal prior to issuance
  of an order of decontrol for failure  to  respond  to  income  certif-
  ication  material;  and  in relation to excluding certain tenants from
  inclusion for annual income determination

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

  Section  1.  Paragraph  1 of subdivision (a) 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:
  1.  For purposes of this section, annual income shall mean the federal
adjusted gross income as reported on  the  New  York  state  income  tax
return.  Total  annual income means the sum of the annual incomes of all
persons who occupy the housing accommodation as their primary  residence
on  other  than a temporary basis, excluding bona fide employees of such
occupants residing therein in connection with such employment, EXCLUDING
SENIOR CITIZENS AND DISABLED PERSONS, and excluding bona fide subtenants
in occupancy pursuant to the provisions of section two  hundred  twenty-
six-b  of  the  real  property law. In the case where a housing accommo-
dation is sublet, the annual income of the sublessor  shall  be  consid-
ered.   FOR THE PURPOSES OF THIS SUBDIVISION, DISABLED PERSON SHALL MEAN
AN INDIVIDUAL (I) WITH A PHYSICAL OR MENTAL IMPAIRMENT,  INCLUDING,  BUT
NOT  LIMITED  TO,  THOSE  OF  NEUROLOGICAL, EMOTIONAL OR SENSORY ORGANS,
WHICH SUBSTANTIALLY LIMITS ONE OR MORE OF THE  INDIVIDUAL'S  MAJOR  LIFE
ACTIVITIES,  AND  (II)  WHO  IS REGARDED AS HAVING SUCH AN IMPAIRMENT AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04487-01-5
              

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