What's happening
This bill amends how New York rent guidelines boards are established, requiring city council consent for appointments and updating board qualifications and removal procedures.
Why it matters
Increases local democratic oversight. by requiring city council approval of mayoral appointments to rent guidelines boards, giving elected representatives more say in who sets rent policy.
Broadens the required expertise. for public members on rent boards, mandating experience in fields like public service, social services, urban planning, or social sciences—not just finance, economics, or housing—potentially diversifying perspectives on the board.
Strengthens removal and vacancy procedures. by allowing both the mayor and city council to remove members for cause (with due process), and specifying how vacancies are to be filled, which could affect board stability and accountability.
Dissolves and reconstitutes rent boards. soon after the law takes effect, meaning existing boards would be replaced with new members under the updated rules, potentially shifting the direction of rent regulation decisions quickly.
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Who cares
Headline styles
Change Rent Board Rules
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 26
No co-sponsors yet.
History
- Referred to housing, construction and community development
- Referred to housing, construction and community development
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5141
2019-2020 Regular Sessions
IN SENATE
April 11, 2019
Introduced by Sen. KAVANAGH -- 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 administrative code of the city of New York and the emergency tenant protection act of nineteen seventy-four, in relation to the establishment of rent boards
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision a of section 26-510 of the administrative code of the city of New York is amended to read as follows:
a. There shall be a rent guidelines board to consist of nine members, appointed by the mayor upon the advice and consent of the city council. Two members shall be representative of tenants, two shall be representative of owners of property, and five shall be public members [each of whom]. Each of the public members shall have had at least five years experience in [either] public service, social services, urban planning, social sciences, finance, economics or housing. One public member shall be designated by the mayor upon the advice and consent of the city council to serve as [chairman] chair 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] receives compensation as an officer of any owner or tenant organization shall serve on a rent guidelines board. One public member, one member representative 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 two public members shall serve for terms ending four years from January first next succeeding the dates of their
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02335-01-9
S. 5141 2
appointment. [The chairman shall serve at the pleasure of the mayor.] Thereafter, all members shall continue in office until their successors have been appointed and qualified. The mayor upon the advice and consent of the city council shall fill any vacancy which may occur by reason of death, resignation or otherwise in a manner consistent with the [original appointment] provisions of this subdivision. A member may be removed by the mayor or city council for cause, but not without an opportunity to be heard in person or by counsel, in his or her defense, upon not less than ten days notice. A successor to such member shall be appointed in accordance with the provisions of this subdivision to serve the balance of the term of the member who was removed.
§ 2. 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]. Each of the public members shall have had at least five years experience in [either] public service, social services, urban planning, social sciences, finance, economics or housing. One public member shall be designated by the commissioner to serve as [chairman] chair 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. One public member, one member representative 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] provisions of this subdivision. 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. A successor to such member shall be appointed in accordance with the provisions of this subdivision to serve the balance of the term of the member who was removed. 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] chair 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
S. 5141 3
assistance shall be paid by the division of housing and community renewal which shall be reimbursed in the manner prescribed in 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.
§ 3. This act shall take effect on the first of January next succeeding the date upon which it shall have become a law; provided that:
(a) the amendments to section 26-510 of the rent stabilization law of nineteen hundred sixty-nine made by section one of this act shall expire on the same date as such law expires and shall not affect the expiration of such law as provided under section 26-520 of such law;
(b) the amendments to section 4 of the emergency tenant protection act of nineteen seventy-four made by section two 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;
(c) the rent boards as reconstituted pursuant to this act shall be appointed and confirmed within forty-five days after the effective date of this act; and
(d) upon the appointment of a rent board pursuant to the provisions of this act, any existing predecessor rent board shall be dissolved and such predecessor rent board shall have no further authority.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the administrative code of the city of New York and the emergency tenant protection act of nineteen seventy- four, in relation to the establishment of rent boards
Purpose
The purpose of this bill to make more democratic the appointment of members of rent guidelines boards and to enhance the qualifications of the public members.
Summary of provisions
Section 1 amends subdivision a of section 26-510 of the administrative code of the city of New York to give the New York City Council an advice and consent role in the mayoral appointment of New York City Rent Guide- lines Board members. The bill also removes a provision that the chair of the board serves at the pleasure of the Mayor. Members of the Rent Guidelines Board can now be removed for cause by. The City Council and for the replacement of such members. It adds experience in public service, social services, urban planning, and social sciences to the list of qualifications for appointment as public members.
Read the full memo (799 words)
Section 2 amends subdivision a of section 4 of section 4 of chapter 576 of the Emergency Tenant Protection Act to give the county executives of the counties of Nassau, Westchester and Rockland the power to appoint members of the county rent guidelines boards with the advice and consent of the respective county legislatures. It provides for the removal of members for cause by the county legislature and for the replacement of such members. It adds experience in public service, social services, urban planning, and social sciences to the list of qualifications for appointment as public members.
Section 3 sets forth the effective date.
Justification
Requiring City Council confirmation of the Mayor's appointees to the New York City Rent Guidelines Board will provide for greater public account- ability with respect to the vital role the RGB plays in administering New York City's system of rent regulation.
Removing the state Division of Housing and Community Renewal (DHCR) from its current role in choosing members of the rent guidelines boards in Nassau, Westchester, and Rockland counties serves to make the appoint- ment process more democratic. The elected county executives should appoint the board members with the advice and consent of their county legislatures. The DHCR, as an enforcement agency under the Emergency Tenant Protection Act, should not have a role in the selection of the officials who decide upon the rent guideline s that the agency must enforce.
By broadening the types of qualifications that are required for public members of the rent guidelines boards, this bill affords the appointing officials greater latitude to choose persons of experience in a variety of disciplines, rather than only in finance, economics and housing. This will enable the public members to reflect a broader perspective on the rent setting process than was previously available and will enhance the deliberations of the boards.
Legislative history
2018: S7034 (Kavanagh) - Referred to Housing, Construction and Community 2017: 51796 (Squadron)/A1014 (Kavanagh) - Referred to Housing, Construction and Community/stricken 2016: S196A (Squadron)/A5584 (Kavanagh) - Referred to Housing, Construction and Community/referred to Housing 2015: 5196 (Squadron)/A5584 (Kavanagh) - Referred to Housing, Construction and Community/referred to Housing 2014: S208B (Squadron)/A104B (Kavanagh) -Referred to Housing, Construction and Community/passed Assembly 2013: S208B (Squadron)/A104 (Kavanagh) - Referred to Housing, Construction and Community/passed Assembly 2012: S741B (Squadron)/A6394 (Kavanagh) - Referred to Housing, Construction and Community/passed Assembly 2011: 5741 (Squadron)/A6394 (Kavanagh) - Referred to Housing, Construction and Community/referred to Housing 2010: S1731(Espada)/A8240 (Kavanagh) - Referred to Housing, Construction and Community/ referred to Housing 2009: S1731(Espada)/A8240 (Kavanagh) - Referred to Housing, Construction and Community/referred to Housing
Fiscal impact on the state
None.
Effective date
This act shall take effect on the first of January next succeeding the date upon which it shall have become a law; provided that: a) the amendments to section 26-510 of the rent stabilization law of nineteen hundred sixty-nine made by section one of this act shall expire on the same date as such law expires and shall not affect the expiration of such law as provided under 26-520 of such law; (b) the amendments to section 4 of the emergency tenant protection act of nineteen seventy-four made by section two 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; (c) the rent boards as reconstituted pursuant to this act shall be appointed and confirmed within forty-five days after the effective date of this act; and (d) upon the appointment of a rent board pursuant to the provisions of this act, any existing predecessor rent board shall be dissolved and such predecessor rent board shall have no further authority.
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