What's happening
This bill requires a hearing before rent-regulated tenants can be deregulated for not responding to income certification and excludes seniors and disabled persons from annual income calculations.
Why it matters
Shifts burden of proof and increases fairness. By requiring a formal hearing before deregulating a tenant for non-response to income certification, the bill ensures tenants have an opportunity to explain or contest the issue, reducing the risk of wrongful loss of regulated housing due to misunderstandings, delays, or procedural errors.
Strengthens protections for seniors and disabled tenants. Excluding seniors (62+) and disabled individuals from the income calculations for deregulation acknowledges their vulnerability and fixed/limited incomes, making it less likely that these groups will be pushed out of rent-regulated units due to household income thresholds.
Extends timeframes and notification requirements. The bill increases the response time for tenants to provide income information from 60 to 90 days and mandates that warnings about possible deregulation be displayed prominently, giving tenants better notice and more time to respond, which can be critical for those with language barriers, disabilities, or limited access to information.
Allows representation at hearings. Tenants may authorize others to represent them at hearings, increasing accessibility for those who are elderly, disabled, or otherwise unable to advocate for themselves effectively, and ensuring procedural fairness in the deregulation process.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Require Hearing Before Rent Decontrol
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to housing, construction and community development
- Referred to housing, construction and community development
Full text
7 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3188
2017-2018 Regular Sessions
IN SENATE
January 20, 2017
Introduced by Sens. KRUEGER, BAILEY, HOYLMAN, MONTGOMERY, PERKINS, RIVERA, SERRANO -- 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 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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph 1 of subdivision (a) of section 2-a of chapter 274 of the laws of 1946, constituting the emergency housing rent control law, as amended by section 32 of part B of chapter 97 of the laws of 2011, is amended to read as follows:
1. For purposes of this section, annual income shall mean the federal adjusted gross income as reported on the New York state income tax return. Total annual income means the sum of the annual incomes of all persons who occupy the housing accommodation as their primary residence on other than a temporary basis, excluding bona fide employees of such occupants residing therein in connection with such employment, excluding senior citizens and disabled persons, and excluding bona fide subtenants in occupancy pursuant to the provisions of section two hundred twentysix-b of the real property law. In the case where a housing accommodation is sublet, the annual income of the sublessor shall be considered. For the purposes of this subdivision, disabled person shall mean an individual (i) with a physical or mental impairment, including, but not limited to, those of neurological, emotional or sensory organs, which substantially limits one or more of the individual's major life
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01928-01-7
S. 3188 2
activities, and (ii) who is regarded as having such an impairment as certified by a licensed physician of this state. For the purposes of this subdivision, senior citizen shall mean any person who is sixty-two years of age or older.
§ 2. Subdivision (c) of section 2-a of chapter 274 of the laws of 1946, constituting the emergency housing rent control law, as amended by section 32 of part B of chapter 97 of the laws of 2011, is amended to read as follows:
(c) 1. In the event that the tenant or tenants either fail to return the completed certification to the owner on or before the date required by subdivision (b) of this section or the owner disputes the certification returned by the tenant or tenants, the owner may, on or before June thirtieth of such year, petition the state division of housing and community renewal to verify, pursuant to section one hundred seventyone-b of the tax law, whether the total annual income exceeds the deregulation income threshold in each of the two preceding calendar years. Within twenty days after the filing of such request with the division, the division shall notify the tenant or tenants that such tenant or tenants must provide the division with such information as the division and the department of taxation and finance shall require to verify whether the total annual income exceeds the deregulation income threshold in each of the two preceding calendar years. The division's notification shall require the tenant or tenants to provide the information to the division within [sixty] ninety days of service upon such tenant or tenants and shall include a warning in bold faced type at the top of the page that failure to respond [will] may result in an order of decontrol being issued by the division for such housing accommodation following a hearing to be scheduled not more than ninety days from the date the division sent such tenant or tenants the notice provided in this paragraph, the notification shall advise such tenant or tenants that failure to appear at such hearing without good or just cause may result in an order of deregulation being issued by the division for such housing accommodation. Such tenant or tenants may authorize a person or persons to represent such tenant's or tenants' interest at the hearing.
2. If the department of taxation and finance determines that the total annual income is in excess of the deregulation income threshold in each of the two preceding calendar years, the division shall, on or before November fifteenth of such year, notify the owner and tenants of the results of such verification. Both the owner and the tenants shall have [thirty] sixty days within which to comment on such verification results. Within forty-five days after the expiration of the comment period, the division shall, where appropriate, issue an order of deregulation providing that such housing accommodation shall not be subject to the provisions of this law as of the first day of March in the year next succeeding the filing of the owner's petition with the division. 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 sent to the owner.
3. In the event the tenant or tenants fail to [provide the information] appear without good or just cause at the hearing required pursuant to paragraph one of this subdivision, the division [shall] may issue, on or before December first of such year, an order of deregulation providing that such housing accommodation shall not be subject to the provisions of this law as of the first day of March in the year next succeeding the last day on which the tenant or tenants were required to [provide the information] appear at the hearing required by such para-
S. 3188 3
graph. 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 sent to the owner.
4. The provisions of the state freedom of information act shall not apply to any income information obtained by the division pursuant to this section.
§ 3. Paragraph 1 of subdivision (a) of section 26-403.1 of the administrative code of the city of New York, as amended by section 34 of part B of chapter 97 of the laws of 2011, is amended to read as follows:
1. For purposes of this section, annual income shall mean the federal adjusted gross income as reported on the New York state income tax return. Total annual income means the sum of the annual incomes of all persons who occupy the housing accommodation as their primary residence other than on a temporary basis, excluding bona fide employees of such occupants residing therein in connection with such employment, excluding senior citizens and disabled persons, and excluding bona fide subtenants in occupancy pursuant to the provisions of section two hundred twentysix-b of the real property law. [In the case where a housing accommodation is sublet, the annual income of the sublessor shall be considered.] For the purposes of this subdivision, disabled person shall mean an individual (i) with a physical or mental impairment, including, but not limited to, those of neurological, emotional or sensory organs, which substantially limits one or more of the individual's major life activities, and (ii) who is regarded as having such an impairment as certified by a licensed physician of this state. For the purposes of this subdivision, senior citizen shall mean any person who is sixty-two years of age or older.
§ 4. Subdivision (c) of section 26-403.1 of the administrative code of the city of New York, as amended by section 34 of part B of chapter 97 of the laws of 2011, is amended to read as follows:
(c) 1. In the event that the tenant or tenants either fail to return the completed certification to the owner on or before the date required by subdivision (b) of this section or the owner disputes the certification returned by the tenant or tenants, the owner may, on or before June thirtieth of such year, petition the state division of housing and community renewal to verify, pursuant to section one hundred seventyone-b of the tax law, whether the total annual income exceeds the deregulation income threshold in each of the two preceding calendar years. Within twenty days after the filing of such request with the division, the division shall notify the tenant or tenants that such tenant or tenants must provide the division with such information as the division and the department of taxation and finance shall require to verify whether the total annual income exceeds the deregulation income threshold in each of the two preceding calendar years. The division's notification shall require the tenant or tenants to provide the information to the division within [sixty] ninety days of service upon such tenant or tenants and shall include a warning in bold faced type at the top of the page that failure to respond [will] may result in an order of decontrol being issued by the division for such housing accommodation following a hearing to be scheduled not more than ninety days from the date the division sent such tenant or tenants the notice provided in this paragraph, the notification shall advise such tenant or tenants that failure to appear at such hearing without good or just cause may result in an order of deregulation being issued by the division for such housing accommodation. Such tenant or tenants may authorize a person or persons to represent such tenant's or tenants' interest at the hearing.
S. 3188 4
2. If the department of taxation and finance determines that the total annual income is in excess of the deregulation income threshold in each of the two preceding calendar years, the division shall, on or before November fifteenth of such year, notify the owner and tenants of the results of such verification. Both the owner and the tenants shall have [thirty] sixty days within which to comment on such verification results. Within forty-five days after the expiration of the comment period, the division shall, where appropriate, issue an order of deregulation providing that such housing accommodation shall not be subject to the provisions of this law as of the first day of March in the year next succeeding the filing of the owner's petition with the division. 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 sent to the owner.
3. In the event the tenant or tenants fail to [provide the information] appear without good or just cause at the hearing required pursuant to paragraph one of this subdivision, the division shall issue, on or before December first of such year, an order of deregulation providing that such housing accommodation shall not be subject to the provisions of this law as of the first day of March in the year next succeeding the last day on which the tenant or tenants were required to [provide the information] appear at the hearing required by such paragraph. 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 sent to the owner.
4. The provisions of the state freedom of information act shall not apply to any income information obtained by the division pursuant to this section.
§ 5. Paragraph 1 of subdivision (a) of section 26-504.3 of the administrative code of the city of New York, as amended by section 36 of part B of chapter 97 of the laws of 2011, is amended to read as follows:
1. For purposes of this section, annual income shall mean the federal adjusted gross income as reported on the New York state income tax return. Total annual income means the sum of the annual incomes of all persons whose names are recited as the tenant or co-tenant on a lease who occupy the housing accommodation and all other persons that occupy the housing accommodation as their primary residence on other than a temporary basis, excluding bona fide employees of such occupants residing therein in connection with such employment, excluding senior citizens and disabled persons, and excluding bona fide subtenants in occupancy pursuant to the provisions of section two hundred twenty-six-b of the real property law. [In the case where a housing accommodation is sublet, the annual income of the tenant or co-tenant recited on the lease who will reoccupy the housing accommodation upon the expiration of the sublease shall be considered.] For the purposes of this subdivision, disabled person shall mean an individual (i) with a physical or mental impairment, including, but not limited to, those of neurological, emotional or sensory organs, which substantially limits one or more of the individual's major life activities, and (ii) who is regarded as having such an impairment as certified by a licensed physician of this state. For the purposes of this subdivision, senior citizen shall mean any person who is sixty-two years of age or older.
§ 6. Subdivision (c) of section 26-504.3 of the administrative code of the city of New York, as amended by section 36 of part B of chapter 97 of the laws of 2011, is amended to read as follows:
S. 3188 5
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 apartments 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.
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.
Read the full memo (716 words)
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 subdivisions (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 decontrolled. 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 interest 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 emergency 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.