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S4457Senate2009-2010 Session

Prohibits the division of housing and community renewal from adopting various rules and regulations pertaining to rent regulated housing accommodations

Sponsor Eric T. SchneidermanSD-31Affects Housing
Status
In Senate Committee
Housing, Construction And Community Development
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Housing, Construction And Community Development

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Sponsors

Primary sponsor
Eric T. Schneiderman

Senator · Senate District 31

No co-sponsors yet.

History

  1. Referred to housing, construction and community development
  2. Referred to housing, construction and community development

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the rent regulation reform act of 1997, in relation to the adoption of rules or regulations

Purpose

This bill prohibits the division of housing and community renewal (the "DHCR") from adopting certain proposed regulations that would seriously erode the rights and protections of tenants under the New York State and New York City rent stabilization and rent control laws.

Summary of provisions

The bill amends a chapter of the laws of 1997 which required the adoption of regulations implementing the Rent Regulation Reform Act of 1997 within 180 days of May 29, 1974. This bill prohibits the adoption of certain regulations proposed for the first time in April, 2000 by the DHCR. Such proposals would severely limit tenants' ability to file complaints with DHCR alleging reduction in services, expand situations in which tenants would be subject to eviction from regulated apartments, limit landlord's liability for rent overcharges, and allow additional circumstances under which tenants could waive their rights and the right of subsequent tenants under the rent laws and regulations.

Justification

In April, 2000, the DHCR published proposed regulations amending the New York City Rent Stabilization Code, the New York City Rent and Eviction Regulations, the New York State Rent and Eviction Regulations and the New York State Tenant Protection Regulations. While these proposals purport to merely "implement" the Rent Regulation Reform Acts of 1993 and 1997, other statutes and judicial rulings, they go far beyond any such "implementation" and propose many other changes that would seriously diminish the existing rights and protections of tenants under the laws and regulations. This bill will prohibit DHCR from adopting specific regulatory changes that are required to implement existing statutes and permits DHCR to proceed with the remainder of its proposals.

On May 25, 2000, DHCR held a public hearing simultaneously in three locations on its proposals. The proposals were not widely circulated and the hearing was poorly publicized. Tenants and organizations of tenants were not consulted in any serious way by DHCR before the proposals were published. Many of the proposals intrude upon the prerogatives of the state legislature to legislate changes in the rent laws, others too would overturn existing case law with regard to certain types of eviction proceedings. There is no reason for DHCR to adopt many of these proposals, other than to do away with many existing rights of rent regulated tenants. This bill is necessary in order to protect tenants' rights and protections, while allowing DHCR to proceed with regulatory changes that do no more than implement the governing statutes.

While DHCR adopted the proposals on December 20, 2000, this legislation would make those regulations void and would prohibit DHCR from adopting additional rules or regulations without legislative approval.

Legislative history

2006 - Referred to Housing, Construction and Community Development 2007 - Referred to Housing, Construction and Community Development 2008 - Referred to Housing, Construction and Community Development

Fiscal implications

None. EFFECTIVE DATE : This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.