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

BILL NUMBER:S2104

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 fox 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, with provisions.