Permits the state division of housing and community renewal to authorize investigations and inspections of certain dwellings by the department of housing preservation and development in NYC.

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S3178-2013 Actions

• Jan 31, 2013: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

S3178-2013 Memo

BILL NUMBER:S3178

TITLE  OF BILL:   An act to amend the emergency tenant protection act of
nineteen seventy-four, the emergency housing rent control  law  and  the
New  York city charter, in relation to investigations and inspections by
the city of New York

PURPOSE OR GENERAL IDEA OF BILL:   To  strengthen  enforcement  of  rent
laws.

SUMMARY OF SPECIFIC PROVISIONS:

Section  1  amends  the  Emergency  Tenant  Protection Act of 1974 � 12,
adding a new paragraph 9, authorizing the New York  City  Department  of
Housing  Preservation  and  Development  to enforce portions of the Rent
Stabilization law under an agreement with the State Division of  Housing
and Community Renewal.

Section 2 amends the Emergency Rent Control Laws of 1946 � 6 (1), adding
a  new  paragraph  authorizing  the  New York City Department of Housing
Preservation and Development to enforce portions of the Rent Control law
under an agreement with the State  Division  of  Housing  and  Community
Renewal.

Section 3 amends the New York City Charter � 1902, adding a new subdivi-
sion 7, authorizing the New York City Department of Housing Preservation
and  Development  to  enter into an agreement with the State Division of
Housing and Community Renewal to enforce Rent Control and Rent  Stabili-
zation.

JUSTIFICATION:    The  New  York State Division of Housing and Community
Renewal lacks the resources to effectively enforce  many  provisions  of
the  rent laws and regulations in New York City. This bill would author-
ize the City of New York to enforce these provisions  if  the  City  and
DHCR agree.

FISCAL IMPLICATIONS: None,

EFFECTIVE   DATE:     This  act  shall  take  effect  immediately,  with
provisions.

S3178-2013 Text

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

                                    3178

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 31, 2013
                                 ___________

  Introduced  by  Sen. KRUEGER -- 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 tenant protection act of nineteen seven-
    ty-four, the emergency housing rent control law and the New York  city
    charter,  in relation to investigations and inspections by the city of
    New York

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


    Section  1. Subdivision a of section 12 of section 4 of chapter 576 of
  the laws of 1974, constituting the emergency tenant  protection  act  of
  nineteen  seventy-four is amended by adding a new paragraph 9 to read as
  follows:

    (9) THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL MAY  AUTHORIZE
  THE  DEPARTMENT  OF  HOUSING PRESERVATION AND DEVELOPMENT IN THE CITY OF
  NEW YORK, OR ITS SUCCESSOR AGENCY, TO EXERCISE  ANY  OF  THE  DIVISION'S
  POWERS UNDER THIS ACT WITHIN THE CITY OF NEW YORK, PURSUANT TO AGREEMENT
  WITH THAT DEPARTMENT OR AGENCY.
    S  2.  Subdivision  1 of section 6 of chapter 274 of the laws of 1946,
  constituting the emergency housing rent control law, as amended by chap-
  ter 337 of the laws of 1961, is amended to read as follows:

    1.   (A) THE STATE DIVISION  OF  HOUSING  AND  COMMUNITY  RENEWAL  MAY
  AUTHORIZE  THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT IN THE
  CITY OF NEW YORK, OR ITS SUCCESSOR AGENCY, TO EXERCISE ANY OF THE  DIVI-
  SION'S  POWERS  UNDER  THIS LAW WITHIN THE CITY OF NEW YORK, PURSUANT TO
  AGREEMENT WITH THAT DEPARTMENT OR AGENCY.
    (B) The commission is authorized to make  such  studies  and  investi-
  gations, to conduct such hearings, and to obtain such information as the
  commission  deems  necessary  or proper in prescribing any regulation or
  order under this act or in the administration and  enforcement  of  this
  act and regulations and orders thereunder.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01236-01-3

 S. 3178                             2

    S  3. Section 1802 of the New York city charter is amended by adding a
  new subdivision 7 to read as follows:

    7.  ALL  POWERS,  RIGHTS  AND  DUTIES AUTHORIZED BY AND PURSUANT TO AN
  AGREEMENT WITH THE NEW YORK STATE  DIVISION  OF  HOUSING  AND  COMMUNITY
  RENEWAL,  OR ITS SUCCESSOR AGENCY, UNDER SECTION TWELVE OF THE EMERGENCY
  TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR AND  SUBDIVISION  ONE  OF
  SECTION SIX OF THE EMERGENCY HOUSING RENT CONTROL LAW.
    S  4. Severability.   If any provision of this act, or any application
  of any provision of this act, is held to  be  invalid,  that  shall  not
  affect the validity or effectiveness of any other provision of this act,
  or  of  any  other application of any provision of this act or any other
  provision of any law or code amended by this act.
    S 5.  This act shall take effect immediately; provided that the amend-
  ments to section 12 of the emergency tenant protection act  of  nineteen
  seventy-four  made  by  section one 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;  and
  provided  that  the  amendments  to section six of the emergency housing
  rent control law made by section two 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.