What's happening
This bill fines landlords $1,000 for knowingly providing misleading or incorrect rent decontrol information in leases for Affordable New York units.
Why it matters
Increases accountability for landlords. by making it a violation—with a $1,000 fine—for landlords (or their agents) to knowingly provide misleading or incorrect information about rent decontrol to tenants in Affordable New York units, aiming to deter deceptive practices.
Clarifies tenant notification rules. by specifying that notices about the end of rent regulation should not be included in leases if the unit will remain regulated under another program, helping tenants avoid confusion about their rights and protections.
Strengthens tenant protections. by targeting misinformation that could lead tenants to believe they have fewer rights or protections than they actually do, potentially preventing premature or illegal rent increases or evictions.
Applies to future leases and renewals. , ensuring that new and renewing tenants benefit from these protections and that landlords adapt their practices moving forward, not just for existing contracts.
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Who cares
Tenants in 421-a units
The bill would prohibit misleading or incorrect rent-decontrol notices and bar those notices when another tax exemption or rent stabilization program would keep the unit regulated after the tax benefit expires.
Landlords receiving 421-a tax benefits
They would need to ensure lease and renewal notices accurately describe decontrol and omit those notices for units that would remain regulated under another qualifying program.
Property managers and leasing agents
Those acting on a landlord’s behalf who willfully include information they know is misleading or incorrect in a covered notice would face a $1,000 fine.
Headline styles
Stop Landlord Lease Misinformation
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.590
- Print number 5651a
- Amend and recommit to judiciary
- Referred to judiciary
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1069
- Referred to judiciary
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.
Stop Landlord Lease Lies
In Assembly Committee · Housing · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5651--A
2019-2020 Regular Sessions
IN SENATE
May 9, 2019
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the real property law, in relation to violations of certain notice requirements; and to amend the real property tax law, in relation to prohibiting landlords from including incorrect information relating to rent decontrol in certain leases and renewals thereof pertaining to units subject to the Affordable New York Housing Program
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The real property law is amended by adding a new section 235-i to read as follows:
§ 235-i. Willful violations of certain notice requirements. A landlord or any person acting on behalf of the landlord who willfully includes information he or she knows to be misleading or incorrect information in any notice provided pursuant to subparagraph (ii) of paragraph (f) of subdivision two of section four hundred twenty-one-a of the real property tax law is guilty of a violation punishable by a fine of one thousand dollars.
§ 2. Subparagraph (ii) of paragraph (f) of subdivision 2 of section 421-a of the real property tax law, as amended by chapter 289 of the laws of 1985, is amended to read as follows:
(ii) with respect to units which become subject to the provisions of this section after the effective date of this subparagraph, such tax benefit period as provided in the opening paragraph of this paragraph or applicable law or act shall have expired and either each lease and renewal thereof for such unit for the tenant in residence at the time of such decontrol has included a notice in at least twelve point type informing such tenant that the unit shall become subject to such decon-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10963-03-0
S. 5651--A 2
trol upon the expiration of such tax benefit period as provided in the opening paragraph of this paragraph or applicable law or act and states the approximate date on which such tax benefit period as provided in the opening paragraph of this paragraph is scheduled to expire; or such unit becomes vacant as provided under subparagraph (i) of this paragraph. Notwithstanding the provisions of this subparagraph, the notice required by this subdivision shall not be included in any lease or renewal thereof if the unit to which the lease or renewal thereof pertains will remain subject to rent regulation or rent control pursuant to an additional tax exemption or rent stabilization program after the expiration of the tax benefit period as provided in the opening paragraph of this paragraph. Neither a landlord nor any person acting on behalf of the landlord shall include incorrect or misleading information in any notice provided pursuant to this subparagraph.
§ 3. This act shall take effect on the sixtieth day after it shall have become a law and shall apply to all leases entered into, renewed or extended on and after such effective date. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the real property law, in relation to violations of certain notice requirements; and to amend the real property tax law, in relation to prohibiting landlords from including incorrect information relating to rent decontrol in certain leases and renewals thereof pertaining to units subject to the Affordable New York Housing Program
Summary of provisions
Section 1 of the bill adds a new section 235-i to the Real Property Law establishing that a landlord who willfully includes information he or she knows to be misleading or incorrect in any notice provided pursuant to a particular requirement of the Real Property Tax Law is guilty of a violation punishable by a fine of $1,000.
Section 2 of the bill amends section 421-a(2)(f)(ii) to state that the notice required by that subdivision shall not be included in any lease of a rental unit that will remain subject to rent regulation or rent control after the expiration of 421-a tax benefits.
Section 3 of the bill is the effective date.
Justification
Under current law, landlords receiving 421-a tax benefits are required to provide tenants, when commencing or renewing a lease, with a notice informing the tenant that the apartment shall become subject to decon- trol upon the expiration of the tax benefits and providing an approxi- mate date when such expiration will occur.
While this requirement, when properly adhered to, helps provide impor- tant notice to rent regulated tenants that they may soon face a rent increase, some landlords reportedly include such notices even in instances where units will not become subject to decontrol upon the expiration of 421-a benefits due to such units being subject to contin- ued rent regulation under a different program or law.
Tenants should not be receiving false or misleading information from their landlords about the pending deregulation of their homes, partic- ularly under the guise of an otherwise legally-required notice. This legislation would prohibit landlords subject to the 421-a lease notice requirement from willfully including misleading or incorrect information about the pending deregulation of the apartment in the notice.
Legislative history
New bill.
Fiscal implications
None to the state.
Effective date
This act shall take effect on the sixtieth day after it shall have become a law and shall apply to all leases entered into, renewed or extended on and after such date. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.