NY State Senate Bill 2011-S5681

Senate Bill S5681

2011-2012 Legislative Session

Provides that income certification forms shall not appear on letterhead of the state and shall be revised to set forth content in plain language

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to housing, construction and community development
Jun 10, 2011	referred to housing, construction and community development

2011-S5681 (ACTIVE) - Details

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 §5-a, Emerg Ten Prot Act of 1974; amd §§26-403.1 & 26-504.3, NYC Ad Cd
Versions Introduced in 2013-2014 Legislative Session:: S2104

2011-S5681 (ACTIVE) - Summary

Provides that income certification forms shall not appear on letterhead of the state and shall be revised to set forth content in plain language.

2011-S5681 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5681

TITLE OF BILL:
An act
to amend the emergency housing rent control law, the emergency tenant
protection act of nineteen seventy-four and the administrative code of
the city of New York, in relation to income certification forms

PURPOSE:
An act to amend the executive law, prohibiting the use of
the official letterhead of the state or of any agency, department,
division, bureau, board, commission, councilor authority thereof or
otherwise convey the impression that the owner of the subject housing
accommodation who utilizes such form is couched for or is an
instrumentality of the state.

SUMMARY OF PROVISIONS:
This bill would amend the Subdivision 2-a of
chapter 274 of the laws of 1946, constituting the emergency housing
rent control law, as amended by chapter 116 of the laws of 1997.

Currently on the first day of May in each calendar year, the owner of
a housing accommodation for which the maximum rent is two thousand
dollars or more per month may provide the tenant or tenants residing
in in such unit with am income certification form prepared by the
division of housing and community renewal on which the tenant(s)

shall identify the residents of the unit and whether their total
income is $175,000 or greater.

This bill seeks to ensure that the owner make the inquiry in
compliance with division of housing approved verbiage without giving
the impression that the division is the entity making the inquiry.
The generation of such an inquiry by a landlord may be made simply on
suspicion that the income of the tenants has exceeded statutory
having high income years. The landlord petitions the division and
the agency in turn requests a tape from the Department of Taxation.
The Department of Taxation does not reveal the earnings but simply
responds as to whether the income is above or below $175,000. If the
income has exceeded $175,000 two years in a row, the apartment is
deregulated. The tenants then have the right to appeal.

JUSTIFICATION:
The submission of a form under state letterhead gives
the impression that the private sector entity using the form is
vouched for or is an instrumentality of the state.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the
ninetieth day after it shall have become a law.

2011-S5681 (ACTIVE) - Bill Text download pdf

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

                                  5681

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 10, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- 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  emergency
  tenant  protection act of nineteen seventy-four and the administrative
  code of the city of New York,  in  relation  to  income  certification
  forms

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

  Section 1. Subdivision (b) of section 2-a of chapter 274 of  the  laws
of 1946, constituting the emergency housing rent control law, as amended
by chapter 116 of the laws of 1997, is amended to read as follows:
  (b) On or before the first day of May in each calendar year, the owner
of each housing accommodation for which the maximum rent is two thousand
dollars  or  more  per  month may provide the tenant or tenants residing
therein with an income certification form prepared by  the  division  of
housing  and  community  renewal  on  which such tenant or tenants shall
identify all persons referred to in subdivision (a) of this section  and
shall  certify  whether  the  total  annual  income  is in excess of one
hundred seventy-five thousand dollars  in  each  of  the  two  preceding
calendar  years.  SUCH INCOME CERTIFICATION FORM SHALL NOT APPEAR ON THE
OFFICIAL LETTERHEAD OF THE STATE OR OF ANY AGENCY, DEPARTMENT, DIVISION,
BUREAU, BOARD, COMMISSION, COUNCIL OR  AUTHORITY  THEREOF  OR  OTHERWISE
CONVEY  THE  IMPRESSION  THAT  THE OWNER OF THE SUBJECT HOUSING ACCOMMO-
DATION WHO UTILIZES SUCH FORM IS VOUCHED FOR OR IS AN INSTRUMENTALITY OF
THE STATE. Such income certification form shall state  that  the  income
level  certified  to by the tenant may be subject to verification by the
department of taxation and  finance  pursuant  to  section  one  hundred
seventy-one-b  of  the  tax  law and shall not require disclosure of any
income information other than whether the aforementioned  threshold  has
been  exceeded. Such income certification form shall clearly state that:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11905-01-1

S. 5681                             2

(i) only tenants residing in housing accommodations which had a  maximum
rent  of two thousand dollars or more per month are required to complete
the certification form; (ii) that tenants have protections available  to
them  which  are  designed to prevent harassment; (iii) that tenants are
not required to provide any information regarding  their  income  except
that  which is requested on the form and may contain such other informa-
tion the division deems appropriate. The tenant or tenants shall  return
the  completed  certification  to  the  owner  within  thirty days after
service upon the tenant or tenants. In the event that the  total  annual
income  as  certified  is in excess of one hundred seventy-five thousand
dollars in each such year, the owner may file the certification with the
state division of housing and community renewal on or before June  thir-
tieth  of  such  year. Upon filing such certification with the division,
the division shall, within thirty days after the filing, issue an  order
of  decontrol  providing  that  such housing accommodations shall not be
subject to the provisions of this law as of the first day of June in the
year next succeeding the filing of the certification  by  the  owner.  A
copy of such order shall be mailed by regular and certified mail, return
receipt  requested, to the tenant or tenants and a copy thereof shall be
mailed to the owner.
  S 2. Subdivision (b) of section 5-a of section 4 of chapter 576 of the
laws of 1974, constituting the emergency tenant protection act of  nine-
teen  seventy-four,  as  amended  by chapter 116 of the laws of 1997, is
amended to read as follows:
  (b) On or before the first day of May in each calendar year, the owner
of each housing accommodation for which the legal regulated rent is  two
thousand  dollars  or  more  per month may provide the tenant or tenants
residing therein with an income certification form prepared by the divi-
sion of housing and community renewal on which such  tenant  or  tenants
shall  identify  all  persons  referred  to  in  subdivision (a) of this
section and shall certify whether the total annual income is  in  excess
of  one hundred seventy-five thousand dollars in each of the two preced-
ing calendar years.  SUCH INCOME CERTIFICATION FORM SHALL NOT APPEAR  ON
THE OFFICIAL LETTERHEAD OF THE STATE OR OF ANY AGENCY, DEPARTMENT, DIVI-
SION,  BUREAU, BOARD, COMMISSION, COUNCIL OR AUTHORITY THEREOF OR OTHER-
WISE CONVEY THE IMPRESSION THAT THE OWNER OF THE SUBJECT HOUSING  ACCOM-
MODATION  WHO UTILIZES SUCH FORM IS VOUCHED FOR OR IS AN INSTRUMENTALITY
OF THE STATE. Such income certification form shall state that the income
level certified to by the tenant may be subject to verification  by  the
department  of  taxation  and  finance  pursuant  to section one hundred
seventy-one-b of the tax law, and shall not require  disclosure  of  any
information  other  than  whether  the aforementioned threshold has been
exceeded. Such income certification form shall clearly state  that:  (i)
only  tenants residing in housing accommodations which had a legal regu-
lated rent of two thousand dollars or more per  month  are  required  to
complete  the  certification  form;  (ii)  that tenants have protections
available to them which are designed to prevent harassment;  (iii)  that
tenants  are  not  required  to  provide any information regarding their
income except that which is requested on the form and may  contain  such
other  information the division deems appropriate. The tenant or tenants
shall return the completed certification to the owner within thirty days
after service upon the tenant or tenants. In the event  that  the  total
annual  income  as  certified  is  in excess of one hundred seventy-five
thousand dollars in each such year, the owner may file the certification
with the state division of housing and community renewal  on  or  before
June  thirtieth  of  such  year. Upon filing such certification with the

S. 5681                             3

division, the division shall, within thirty days after the filing, issue
an order providing that such housing accommodation shall not be  subject
to the provisions of this act upon the expiration of the existing lease.
A  copy  of  such  order  shall be mailed by regular and certified mail,
return receipt requested, to the tenant or tenants and  a  copy  thereof
shall be mailed to the owner.
  S 3. Subdivision (b) of section 26-403.1 of the administrative code of
the  city of New York, as amended by chapter 116 of the laws of 1997, is
amended to read as follows:
  (b) On or before the first day of May in each calendar year, the owner
of each housing accommodation for which the maximum rent is two thousand
dollars or more per month may provide the  tenant  or  tenants  residing
therein  with  an  income certification form prepared by the division of
housing and community renewal on which  such  tenant  or  tenants  shall
identify  all persons referred to in subdivision (a) of this section and
shall certify whether the total  annual  income  is  in  excess  of  one
hundred  seventy-five  thousand  dollars  in  each  of the two preceding
calendar years.  SUCH INCOME CERTIFICATION FORM SHALL NOT APPEAR ON  THE
OFFICIAL LETTERHEAD OF THE STATE OR OF ANY AGENCY, DEPARTMENT, DIVISION,
BUREAU,  BOARD,  COMMISSION,  COUNCIL  OR AUTHORITY THEREOF OR OTHERWISE
CONVEY THE IMPRESSION THAT THE OWNER OF  THE  SUBJECT  HOUSING  ACCOMMO-
DATION WHO UTILIZES SUCH FORM IS VOUCHED FOR OR IS AN INSTRUMENTALITY OF
THE  STATE.  Such  income certification form shall state that the income
level certified to by the tenant may be subject to verification  by  the
department  of  taxation  and  finance  pursuant  to section one hundred
seventy-one-b of the tax law and shall not  require  disclosure  of  any
income  information  other than whether the aforementioned threshold has
been exceeded. Such income certification form shall clearly state  that:
(i) only tenants residing in housing accommodations which have a maximum
rent  of two thousand dollars or more per month are required to complete
the certification form; (ii) that tenants have protections available  to
them  which  are  designed to prevent harassment; (iii) that tenants are
not required to provide any information regarding  their  income  except
that  which is requested on the form and may contain such other informa-
tion the division deems appropriate. The tenant or tenants shall  return
the  completed  certification  to  the  owner  within  thirty days after
service upon the tenant or tenants. In the event that the  total  annual
income  as  certified  is in excess of one hundred seventy-five thousand
dollars in each such year, the owner may file the certification with the
state division of housing and community renewal on or before June  thir-
tieth  of  such  year. Upon filing such certification with the division,
the division shall, within thirty days after the filing, issue an  order
of  decontrol  providing  that  such housing accommodations shall not be
subject to the provisions of this law as of the first day of June in the
year next succeeding the filing of the certification  by  the  owner.  A
copy of such order shall be mailed by regular and certified mail, return
receipt  requested, to the tenant or tenants and a copy thereof shall be
mailed to the owner.
  S 4. Subdivision (b) of section 26-504.3 of the administrative code of
the city of New York, as amended by chapter 116 of the laws of 1997,  is
amended to read as follows:
  (b) On or before the first day of May in each calendar year, the owner
of  each housing accommodation for which the legal regulated rent is two
thousand dollars or more per month may provide  the  tenant  or  tenants
residing therein with an income certification form prepared by the divi-
sion  of  housing  and community renewal on which such tenant or tenants

S. 5681                             4

shall identify all persons  referred  to  in  subdivision  (a)  of  this
section  and  shall certify whether the total annual income is in excess
of one hundred seventy-five thousand dollars in each of the two  preced-
ing  calendar years.  SUCH INCOME CERTIFICATION FORM SHALL NOT APPEAR ON
THE OFFICIAL LETTERHEAD OF THE STATE OR OF ANY AGENCY, DEPARTMENT, DIVI-
SION, BUREAU, BOARD, COMMISSION, COUNCIL OR AUTHORITY THEREOF OR  OTHER-
WISE  CONVEY THE IMPRESSION THAT THE OWNER OF THE SUBJECT HOUSING ACCOM-
MODATION WHO UTILIZES SUCH FORM IS VOUCHED FOR OR IS AN  INSTRUMENTALITY
OF THE STATE. Such income certification form shall state that the income
level  certified  to by the tenant may be subject to verification by the
department of taxation and  finance  pursuant  to  section  one  hundred
seventy-one-b  of  the  tax  law and shall not require disclosure of any
income information other than whether the aforementioned  threshold  has
been  exceeded. Such income certification form shall clearly state that:
(i) only tenants residing in housing accommodations which have  a  legal
regulated rent of two thousand dollars or more per month are required to
complete  the  certification  form;  (ii)  that tenants have protections
available to them which are designed to prevent harassment;  (iii)  that
tenants  are  not  required  to  provide any information regarding their
income except that which is requested on the form and may  contain  such
other  information the division deems appropriate. The tenant or tenants
shall return the completed certification to the owner within thirty days
after service upon the tenant or tenants. In the event  that  the  total
annual  income  as  certified  is  in excess of one hundred seventy-five
thousand dollars in each such year, the owner may file the certification
with the state division of housing and community renewal  on  or  before
June  thirtieth  of  such  year. Upon filing such certification with the
division, the division shall, within thirty days after the filing, issue
an order providing that such housing accommodation shall not be  subject
to the provisions of this act upon the expiration of the existing lease.
A  copy  of  such  order  shall be mailed by regular and certified mail,
return receipt requested, to the tenant or tenants and  a  copy  thereof
shall be mailed to the owner.
  S 5.  The division of housing and community renewal is hereby directed
to  revise  the  income verification form required by section 2-a of the
emergency housing rent control law, section 5-a of the emergency  tenant
protection  act  of  nineteen seventy-four, section 26-403.1 of the city
rent and rehabilitation law and section 26-504.3 of the rent  stabiliza-
tion  law  of  nineteen  hundred  sixty-nine  to  set forth the required
content in a manner of language and format which is more  comprehensible
to  laypersons  and on a form which does not appear on the letterhead of
the state or of any agency, department, division, bureau, board, commis-
sion, council or authority thereof and does  not  otherwise  convey  the
impression  that  the  owner  of  the  subject housing accommodation who
utilizes such form is vouched for or is an instrumentality of the state.
The content of such form shall, at a minimum, be  available  in  English
and  Spanish.  The  revised form shall be complete and made available by
the division on or before December 31, 2011.
  S 6. This act shall take effect on the ninetieth day  after  it  shall
have become a law; provided that:
  (a)  the amendments to subdivision (b) of section 2-a of the emergency
housing rent control law made by section one 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, as amended;

S. 5681                             5

  (b) the amendments to subdivision (b) of section 5-a of the  emergency
tenant  protection  act  of nineteen seventy-four made by section two 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;
  (c)  the amendments to subdivision (b) of section 26-403.1 of the city
rent and rehabilitation law made by section  three  of  this  act  shall
remain  in  full  force  and effect only as long as the public emergency
requiring the regulation and control of residential rents and  evictions
continues,  as provided in subdivision 3 of section 1 of the local emer-
gency housing rent control act;
  (d) the amendments to section 26-504.3 of chapter 4 of title 26 of the
administrative code of the city of New York made by section four 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; and
  (e) effective immediately, the addition, amendment  and/or  repeal  of
any  rule  or regulation necessary for the implementation of this act on
its effective date are authorized and directed to be made and  completed
on or before such effective date.

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