Prohibits any person who owns or manages more than four rental units within the state from serving as a public member on a rent guidelines board.
TITLE OF BILL: An act to amend the emergency tenant protection act of nineteen seventy-four, in relation to qualifications of public members of rent guidelines boards
PURPOSE OR GENERAL IDEA: Provides for alternate member s on a rent guidelines Board.
SUMMARY OF SPECIFIC PROVISIONS: Amends the emergency tenant protection act and the administrative code of the City of New York to provide that, in addition to the nine regular members of a rent guidelines board, there shall be an additional three members who will be alternates. They shall represent respectively, the public, the landlords and the tenants. The alternates shall be permitted to participate in all proceedings of the board as non-voting members. They shall only be permitted to participate as voting members and receive a per-diem where the primary member is unable to attend the proceeding.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: The Emergency Tenant Protection Act of 1974 provides for the creation of a rent guidelines board when the municipality determines an emergency exists under section three of the act. This bill would provide that, upon the absence of a regular member of the board, an alternate member would be made available at the same salary. The administrative code of N.Y. City will be affected similarly.
JUSTIFICATION: Too often, rent guidelines board meetings do not have the required number of representative members in attendance due to a variety of reasons. (Absences, illness, other business etc.) This bill provides that, for each of the representative groups, one alternate member shall be appointed to vote in the place of an absent regular member.
PRIOR LEGISLATIVE HISTORY: 2009-10: S.5260/A.2736 - Reported and Committed to Senate Rules/ Assembly Housing A.1178 (1993-94), A.477 (1995-96), A.736 (1997-98), A.898 (1999-2000), A.657 (2001-02), A.499-A, Passed Assembly (2003-04), A.2541 (2005-06), A.4501 (2007-2008)
FISCAL IMPLICATION FOR STATE AND LOCAL GOVERNMENTS: None.
EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law, with provisions.
STATE OF NEW YORK ________________________________________________________________________ 3280 2011-2012 Regular Sessions IN SENATE February 15, 2011 ___________Introduced by Sen. HASSELL-THOMPSON -- 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, in relation to qualifications of public members of rent guidelines 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 4 of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen 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 shall have had at least five years experience in either finance, economics or housing. One public member shall be designated by the commissioner to serve as chairman 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; PROVIDED, FURTHER, HOWEVER, NO PERSON WHO OWNS OR MANAGES MORE THAN FOUR RENTAL UNITS WITHIN THE STATE OF NEW YORK SHALL SERVE AS A PUBLIC MEMBER ON A RENT GUIDELINES BOARD. One public member, one member represen-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06444-01-1 S. 3280 2
tative 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. 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. Compensation 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 shall be compensated at the rate of one hundred twenty-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 community renewal. The compensation of such members and the costs of staff assistance shall be paid by the division of housing and commu- nity renewal which shall be reimbursed in the manner prescribed in section four of this act. The local legislative body of each city having a population 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 prop- erty to serve at its pleasure and without compensation to advise and assist the county rent guidelines board in matters affecting the adjust- ment of rents for housing accommodations in such city, town or village as the case may be. S 2. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to public members currently serving on a rent guidelines board; and provided further that the amendment to section 4 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, as amended.