Bill S3320-2013

Authorizes appointment of alternate rent guidelines board members in the city of New York, counties outside the city, towns, and villages

Provides for the appointment of three alternates on rent guideline boards; one alternate shall represent tenants, one shall represent owners of property and one shall be a public representative; alternates shall be permitted to participate in all proceedings of the board as non-voting members; an alternate shall only participate as a voting member of the board and be paid when a member, representing the same interest as the alternate, is unable to fulfill his or her duties on the board; applies to the city of New York, counties outside the city, towns and villages.

Details

Actions

  • Jan 8, 2014: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • Jan 31, 2013: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Memo

BILL NUMBER:S3320

TITLE OF BILL: An act to amend the emergency tenant protection act of nineteen seventy-four and the administrative code of the city of New York, in relation to alternates on rent guidelines boards

PURPOSE OR GENERAL IDEA; To restrict eligibility for public membership on a rent guidelines board to those who own or manage no more than four rental units in the entire State.

SUMMARY OF SPECIFIC PROVISIONS: Amends section 4(a) of the ETPA to restrict public membership on rent guidelines boards to those who own or manage no more than four rental units in the state.

EFFECTS OF PRESENT LAW THIS BILL WOULD ALTER: Current law prohibits any board member from owning or managing any property that is covered by this law. This bill would extend the prohibition to the entire state, while allowing for ownership or rental of four units not covered under the law.

JUSTIFICATION: Current law allows public members of the board to be the owners or managers of any amount of rental units, as long as they are not situated in areas covered by the act. Especially in the counties, it is not hard for local candidates for public membership to reside in communities not covered by the act, since many communities have not opted to participate. This situation can allow for a clear evasion of the original legislation's intent.

PRIOR LEGISLATIVE HISTORY: 2009-10: S.5255/A.5042 (Brodsky) Referred to Senate Housing, Construction & Community Development/Assembly Codes A.1179 (1993-94), A.196 (1995-96), A.735 (1997-98), A.899 (1999-2000), A.572 (2001-02), A.491 (2003-04), A.2642 (2005-06). A.9409 (2007-2008).

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: Immediately, with provisions.


Text

STATE OF NEW YORK ________________________________________________________________________ 3320 2013-2014 Regular Sessions IN SENATE January 31, 2013 ___________
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 and the administrative code of the city of New York, in relation to alternates on 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 AND THREE ALTERNATES 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 emergen- cy in such county; two such members AND ONE SUCH ALTERNATE shall be representative of tenants, two SUCH MEMBERS AND ONE SUCH ALTERNATE shall be representative of owners of property, and five SUCH MEMBERS AND ONE SUCH ALTERNATE shall be public [members] REPRESENTATIVES, each of whom shall have had at least five years experience in either finance, econom- ics, or housing. One public member shall be designated by the commis- sioner to serve as [chairman] CHAIRPERSON 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 guide- lines board. One public member, one member, THE ALTERNATE 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 AND THE ALTERNATE representative of owners shall serve for terms ending three years from the January first next succeed- ing the date of their appointment; and three public members AND THE PUBLIC ALTERNATE shall serve for terms ending four years from January first next succeeding the dates of their appointment. Thereafter, all members AND ALTERNATES shall serve for terms of four years each. Members AND ALTERNATES 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 OR ALTERNATE may be removed by the commissioner 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] DAYS' notice. Compensation for the members AND ALTER- NATES 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- PERSON 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 ALTERNATES 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] EIGHT of this act. AN ALTERNATE SHALL ONLY PARTICIPATE AS A VOTING MEMBER IN THE PROCEEDINGS OF THE BOARD AND BE PAID WHEN A MEMBER, REPRESENTING THE SAME INTEREST AS THE ALTERNATE, IS UNABLE TO FULFILL HIS OR HER DUTIES ON THE BOARD. ALTERNATES SHALL BE PERMITTED TO PARTICIPATE IN ALL PROCEEDINGS OF THE BOARD AS NON-VOTING MEMBERS. 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 deter- mined to exist as herein provided [shall be] IS 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 accommo- dations in such city, town, or village, as the case may be. S 2. Subdivisions a and c of section 26-510 of the administrative code of the city of New York are amended to read as follows: a. There shall be a rent guidelines board, to consist of nine members AND THREE ALTERNATES, appointed by the mayor. Two members AND ONE ALTER- NATE shall be representative of tenants, two MEMBERS AND ONE ALTERNATE shall be representative of owners of property, and five MEMBERS AND ONE ALTERNATE shall be public [members] REPRESENTATIVES, 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 mayor to serve as [chairman] CHAIRPERSON 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, AND ONE ALTERNATE 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, AND ONE ALTERNATE representative of owners shall
serve for terms ending three years from the January first next succeed- ing the date of their appointment; and two public members AND THE PUBLIC ALTERNATE shall serve for terms ending four years from January first next succeeding the dates of their appointment. The [chairman] CHAIR- PERSON shall serve at the pleasure of the mayor. Thereafter, all members AND ALTERNATES shall continue in office until their successors have been appointed and qualified. The mayor shall fill any vacancy which may occur by reason of death, resignation, or otherwise in a manner consist- ent with the original appointment. A member OR ALTERNATE may be removed by the mayor 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] DAYS' notice. AN ALTERNATE SHALL ONLY PARTICIPATE AS A VOTING MEMBER IN THE PROCEEDINGS OF THE BOARD AND BE PAID WHEN A MEMBER, REPRESENTING THE SAME INTEREST AS THE ALTERNATE, IS UNABLE TO FULFILL HIS OR HER DUTIES ON THE BOARD. ALTERNATES SHALL BE PERMITTED TO PARTIC- IPATE IN ALL PROCEEDINGS OF THE BOARD AS NON-VOTING MEMBERS. c. Such members AND ALTERNATES shall be compensated on a per diem basis of one hundred dollars per day for no more than twenty-five days a year, except that the [chairman] CHAIRPERSON shall be compensated at one hundred twenty-five dollars a day for no more than fifty days a year. The [chairman] CHAIRPERSON shall be chief administrative officer of the rent guidelines board and among his or her powers and duties he or she shall have the authority to employ, assign, and supervise the employees of the rent guidelines board and enter into contracts for consultant services. The department of housing preservation and development shall cooperate with the rent guidelines board and may assign personnel and perform such services in connection with the duties of the rent guide- lines board as may reasonably be required by the [chairman] CHAIRPERSON. S 3. This act shall take effect immediately; provided that the amend- ment 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; and further provided that the amendment to section 26-510 of the rent stabilization law of nineteen hundred sixty-nine 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 under section 26-520 of such law.

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