Eliminates the prohibition on owners and managers of rent regulated property, and officers of owners and tenant organizations from being members of a rent guidelines board.
TITLE OF BILL: An act to amend the emergency tenant protection act of nineteen seventy-four, in relation to eliminating the prohibition on owners and managers of rent regulated property, and officers of tenant and owners organizations from being members of a rent guidelines board
PURPOSE: To expand the pool of qualified and knowledgeable applicants eligible to serve on the rent guidelines boards in Nassau, Westchester, and Rockland counties.
SUMMARY OF PROVISIONS: Section 1. The bill amends subdivision a of section 4 of section 4 of chapter 576 of the laws of 1974, the emergency tenant protection act to Eliminate the prohibition on owners and managers of rent regulated property and officers of tenant organizations from serving on a rent guidelines board in Nassau, Westchester and Rockland Counties.
Section 2. Effective date.
JUSTIFICATION: The Emergency Tenant Protection Act of 1974 (ETPA) provides for the establishment of a rent guidelines board to enforce the provisions of rent stabilization in various municipalities in Westchester, Nassau, and Rockland counties where a rental emergency has been declared. This law also provides for the size and makeup of the board membership, the selection process, the length of service, cause for removal,compensation and duties all of which remain unchanged under the provision of this bill. The proposed change would eliminate the restriction in existing law which prohibits any person who owns or manages real estate covered by this law, or who is an officer of any owner or tenant organization from serving on a rent guidelines board in these counties. This bill would allow industry representatives as well as tenant advocates to serve on a suburban rent guidelines board. At present, while tenants can serve, members of their organizations cannot and neither landlords nor members of their organizations can serve. As presently written the law eliminates a significant pool of qualified people from serving on these boards and lending their expertise to the board.
LEGISLATIVE HISTORY: New Bill.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7284 IN SENATE May 2, 2012 ___________Introduced by Sen. YOUNG -- 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 eliminating the prohibition on owners and managers of rent regulated property, and officers of tenant and owners organizations from being members of a rent guidelines board 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. One public member, one member 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 representative of owners shall serve for terms ending three years fromEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15639-02-2 S. 7284 2
the January first next succeeding the date of their appointment and three public members shall serve for terms ending four years from Janu- ary 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 quali- fied. 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 coun- sel, 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 community renewal which shall be reimbursed in the manner prescribed in THIS 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 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. This act shall take effect immediately; provided that the amend- ments to subdivision a of 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.