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Sponsors
2 Co-sponsors
History
- Referred to housing, construction and community development
- Referred to housing, construction and community development
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Requires hearing by the DHCR prior to order of decontrol for failure to respond to income certification material relating to high income rent decontrol
In Assembly Committee · Housing · Sponsor Brian Kavanagh
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3166
Title of bill
An act to amend the emergency housing rent control law, the administrative code of the city of New York, and the emergency tenant protection act of nineteen seventy-four, in relation to providing for a hearing before the division of housing and community renewal prior to issuance of an order of decontrol for failure to respond to income certification material; and in relation to excluding certain tenants from inclusion for annual income determination
Purpose
This bill would ensure that tenants do not have their apart- ments decontrolled due to paperwork errors or inadvertent failure to respond to decontrol notices. Tenants who fail to respond to decontrol notices will have an opportunity to have a hearing to contest decontrol determinations.
Read the full memo (715 words)
Furthermore, the bill provides that tenants who are unable to attend the hearing may authorize a person to represent such tenant's interest at the hearing.
In addition, the bill eliminates from consideration the annual income of the sublessor in the decontrol determination. This bill also protects from eviction, elderly and disabled tenants who live in rent regulated apartments.
Summary of provisions
Amends subdivisions (a) and (c) of section 2-a of Chapter 274 of the laws of 1946, constituting the emergency housing rent control law, as added by chapter 253 of the laws of 1993 and subdi- visions (a) and (d) of section 26-403.1 of the administrative code of the city of New York, as added by chapter 253 of the laws of 1993, and subdivisions (a) and (c) of Section 26-504-3 of the administrative code of the city of New York, as added by' chapter 253 of the Laws of 1933, and subdivisions (a) and (c) of Section 5-a of Section 4 of Chapter 576 of the laws of 1974.
Justification
Under the 1993 high income rent decontrol provisions, tenants who do not respond in a timely fashion to income certification documents have their apartments automatically certified as decontrolled and their rents raised.
This has led to many apartments being decontrolled on the basis of missed deadlines alone -- and not income criteria. In fact, many of these tenants do not meet the specific income and rent criteria for decontrol.
Tenants have missed deadlines because they were away or because they have been confused by additional paperwork which they believed didn't need a response. Tenants should have a chance for a hearing to challenge these rulings instead of having their apartments automatically decon- trolled. This bill simply gives tenants a chance to contest decontrol rulings when they have legitimate reasons for missing a deadline. In
addition, tenants may authorize a person to represent a tenant's inter- est at the hearing. Further, this legislation excludes the income of the elderly and disabled tenants from the calculation of a household's total annual income for the purpose of high income rent decontrol.
Fiscal implications
None.
Effective date
This act shall take effect immediately provided that the amendments to section 2-a of the emergency housing rent control law made by sections one and two 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; provided that the amendments to section 26-403.1 of the city rent and rehabilitation law made by sections three and four of this act shall remain in full force and effect only so 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; provided that the amendments to section 26-504.3 of the rent stabilization law of nineteen hundred sixty-nine made by sections five and six of this act shall expire on the same date as such law expires and shall not affect the expiration of such law under section 26-520 of such law; and provided that the amendments to section 5-a of the emergency tenant protection act of nineteen seventy- four made by sections seven and eight 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.