Relates to the appointment and qualifications of members of rent boards

Summary of provisions

Section 1: Amends the New York City Rent Stabilization Law. It gives the New York City Council an advice and consent role in the mayoral appoint- ment of New York City Rent Guidelines Board members. It removes a provision that the chair of the board serves at the pleasure of the Mayor. It provides for the removal of members for cause by the City Council and for the replacement of such members. It adds experience in public service, philanthropy, social services, urban planning, architec- ture, social sciences and with non-profit corporations to the list of qualifications for appointment as public members.

Section 2: Amends the Emergency Tenant Protection Act of 1974. It gives the county executives of the counties of Nassau, Westchester and Rock- land the power to appoint members of the county rent guidelines boards with the advice and consent of the respective county legislatures. It provides for the removal of members for cause by the county legislature and for the replacement of such members. It adds experience in public service, philanthropy, social services, urban planning, architecture, social sciences and with non-profit corporations to the list of quali- fications for appointment as public members.

Section 3: Effective date.

Justification

Requiring City Council confirmation of the Mayor's appointees to the New York City Rent Guidelines Board provides for a system of checks and balances that is an essential component of our democracy. Legislative continuation enhances home rule in the vital area of rent regulation. It also acknowledges the important role of the public officials serving on the New York City Rent Guidelines Board.

Removing the state Division of Housing and Community Renewal (DHCR) from its current role in choosing members of the rent guidelines boards in Nassau, Westchester and Rockland counties also serves to make the appointment process more democratic. The elected county executives should appoint the board members with the advice and consent of their county legislatures. The DHCR, as enforcement agency under the Emergency Tenant Protection Act, should not have a role in the selection of the officials who decide upon the rent guidelines that the agency must enforce.

By broadening the types of qualifications that are required for public members of the guidelines boards, the bill gives the appointing offi- cials greater latitude to choose persons of experience in a variety of disciplines, rather than only in finance, economics and housing. This will enable the public members to reflect a broaden perspective on the rent setting process than was previously available and will enhance the deliberations of the boards.

Legislative history

2011: REFERRED TO HOUSING, CONSTRUCTION AND COMMU- NITY DEVELOPMENT 2012: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT PRINT NUMBER 741A AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT PRINT NUMBER 741B 2011: A.6394 (Kavanagh) Housing 2010: A.8240 (Kavanagh) Housing 2009: A.8240 (Kavanagh) Housing

Fiscal impact on the state

None.

Effective date

This act shall take effect January 1, 2015; provided that:

(a) the amendments to section 26-510 of the rent stabilization law of nineteen hundred sixty-nine 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 under 26-520 of such law; (b) the amendments to section 4 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; (c) the rent boards as reconstituted pursuant to this act shall be appointed and confirmed within forty-five days after the effective date of this act; and (d) upon the appointment of a rent board pursuant to the provisions of this act, any existing predecessor rent board shall be dissolved and such predecessor rent board shall have no further authority.