What's happening
This bill amends the Emergency Tenant Protection Act to prohibit individuals who own or manage more than four rental units from serving as public members on rent guidelines boards.
Why it matters
Reduces potential conflicts of interest. by barring individuals who own or manage more than four rental units from serving as public members, making rent guidelines boards less likely to be influenced by large landlords.
Shifts board composition toward greater neutrality and public representation. , as those with significant financial stakes in rental properties will be excluded from these key decision-making roles.
Applies the new standard retroactively. to current public members, meaning some sitting board members may be removed, which could immediately change the board’s perspective and decisions.
Targets larger-scale landlords specifically. , allowing smaller landlords (with four or fewer units) to still participate, potentially preserving some owner perspective while focusing on reducing the influence of those with the most to gain or lose.
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Who cares
Headline styles
Bar Large Landlords from Boards
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to housing, construction and community development
- Referred to housing, construction and community development
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2219
2019-2020 Regular Sessions
IN SENATE
January 23, 2019
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.
LBD05469-01-9
S. 2219 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 seven- ty-four, in relation to qualifications of public members of rent guide- lines 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
2017-18: S.3800 - 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.