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S3800Senate2017-2018 Session

Limit Landlords on Rent Boards

Official title

“Prohibits any person who owns or manages more than four rental units within the state from serving as a public member on a rent guidelines board”

Sponsor Jamaal BaileySD-36Affects Housing
Status
In Senate Committee
Housing, Construction And Community Development
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Housing, Construction And Community Development

What's happening

This bill prohibits anyone who owns or manages more than four rental units in New York from serving as a public member on a rent guidelines board.

Why it matters

  1. Reduces potential conflicts of interest. By barring individuals who own or manage more than four rental units from serving as public members, the bill aims to ensure that rent guidelines boards are less influenced by large landlords or property managers, supporting more impartial decision-making.

  2. Shifts board composition toward tenant or community perspectives. Since public members often serve as a swing vote on rent guideline decisions, restricting large property owners from these positions could make the boards more responsive to tenant concerns and public interest, rather than landlord priorities.

  3. Applies immediately to current board members. The law would not only affect new appointments but also force current public members who exceed the ownership/management threshold to step down, potentially leading to a significant and immediate change in board makeup and rent policy outcomes.

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Who cares

Headline styles

Limit Landlords on Rent Boards

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Jamaal Bailey

Senator · Senate District 36

No co-sponsors yet.

History

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

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3800

2017-2018 Regular Sessions

IN SENATE

January 27, 2017

Introduced by Sen. BAILEY -- 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 tenant protection act of nineteen seventy-four, in relation to qualifications of public members of rent guidelines boards

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision a of section 4 of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, as amended by chapter 349 of the laws of 1979, is amended to read as follows:

a. In each county wherein any city having a population of less than one million or any town or village has determined the existence of an emergency pursuant to section three of this act, there shall be created a rent guidelines board to consist of nine members appointed by the commissioner of housing and community renewal upon recommendation of the county legislature which recommendation shall be made within thirty days after the first local declaration of an emergency in such county; two such members shall be representative of tenants, two shall be representative of owners of property, and five shall be public members each of whom shall have had at least five years experience in either finance, economics or housing. One public member shall be designated by the commissioner to serve as chairman and shall hold no other public office. No member, officer or employee of any municipal rent regulation agency or the state division of housing and community renewal and no person who owns or manages real estate covered by this law or who is an officer of any owner or tenant organization shall serve on a rent guidelines board; provided, further, however, no person who owns or manages more than four rental units within the state of New York shall serve as a public member on a rent guidelines board. One public member, one member represen-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08700-01-7

S. 3800 2

tative of tenants and one member representative of owners shall serve for a term ending two years from January first next succeeding the date of their appointment; one public member, one member representative of tenants and one member representative of owners shall serve for terms ending three years from the January first next succeeding the date of their appointment and three public members shall serve for terms ending four years from January first next succeeding the dates of their appointment. Thereafter, all members shall serve for terms of four years each. Members shall continue in office until their successors have been appointed and qualified. The commissioner shall fill any vacancy which may occur by reason of death, resignation or otherwise in a manner consistent with the original appointment. A member may be removed by the commissioner for cause, but not without an opportunity to be heard in person or by counsel, in his defense, upon not less than ten days notice. Compensation for the members of the board shall be at the rate of one hundred dollars per day, for no more than twenty days a year, except that the chairman shall be compensated at the rate of one hundred twenty-five dollars a day for no more than thirty days a year. The board shall be provided staff assistance by the division of housing and community renewal. The compensation of such members and the costs of staff assistance shall be paid by the division of housing and community renewal which shall be reimbursed in the manner prescribed in this section [four of this act]. The local legislative body of each city having a population of less than one million and each town and village in which an emergency has been determined to exist as herein provided shall be authorized to designate one person who shall be representative of tenants and one person who shall be representative of owners of property to serve at its pleasure and without compensation to advise and assist the county rent guidelines board in matters affecting the adjustment of rents for housing accommodations in such city, town or village as the case may be.

§ 2. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to public members currently serving on a rent guidelines board; and provided further that the amendment to section 4 of the emergency tenant protection act of nineteen seventyfour made by section one 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, as amended.

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 tenant protection act of nineteen seventy-four, in relation to qualifications of public members of rent guidelines boards

Purpose or general idea

Provides for alternate members on a rent guidelines Board.

Summary of specific provisions

Amends the emergency tenant protection act and the administrative code of the City of New York to provide that, in addition to the nine regular members of a rent guidelines board, there shall be an additional three members who will be alternates. They shall represent respectively, the public, the landlords and the tenants. The alternates shall be permitted to participate in all proceedings of the board as non-voting members. They shall only be permitted to participate as voting members and receive a per-diem where the primary member is unable to attend the proceeding.

Effects of present law which this bill would alter

The Emergency Tenant Protection Act of 1974 provides for the creation of a rent guidelines board when the municipality determines an emergency exists under section three of the act. This bill would provide that, upon the absence of a regular member of the board, an alternate member would be made available at the same salary. The administrative code of New York City will be affected similarly.

Justification

Too often, rent guidelines board meetings do not have the required number of representative members in attendance due to a variety of reasons. (Absences, illness, other business etc.) This bill provides that, for each of the representative groups, one alternate member shall be appointed to vote in the place of an absent regular member.

Prior legislative history

1993-94: A.1179 1995-96: A.196(Brodsky)- Passed Assembly Referred to Housing 1997-98: A.735(Brodsky)- Referred to Housing 1999-00: A.899(Brodsky)- Referred to Housing 2001-02: A.572(Brodsky)- Referred to Housing 2003-04: A.491 (Brodsky)- Referred to Housing 2005-06: A.2642 (Brodsky)- Referred to Housing 2007-08: A.9409(Brodsky)- Referred to Housing 2009-10: S.5255/A.5042-A(Brodsky)- Referred to Housing, Construction, and Community Development 2011-12: S.3280 - Referred to Housing, Construction, and Community Development 2013-14: 5.3319 - Referred to Housing, Construction, and Community Development 2015-16: 5.2224 - Referred to Housing, Construction, and Community Development

Fiscal implication for state and local governments

None.

Effective date

This act shall take effect on the thirtieth day after it shall have become a law, with provisions.

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