Stop Landlord Misinformation Leases

Section 1. 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 decontrol 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. 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. A landlord or any person acting on behalf of the landlord who willfully includes information they know or reasonably know to be misleading or incorrect information in any notice provided pursuant to this subparagraph or fails to provide the standard-

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

[ ] is old law to be omitted.

LBD01952-01-5

ized rider pursuant to paragraph (f-1) of this subdivision is guilty of a violation punishable by a fine of one thousand dollars.

§ 2. Subdivision 2 of section 421-a of the real property tax law is amended by adding a new paragraph (f-1) to read as follows:

(f-1) The commissioner of housing and community renewal shall standardize the notice to be provided by landlords to their tenants pursuant to subparagraph (ii) of paragraph (f) of this subdivision. Such notice shall be printed in at least twelve point type and shall include but not be limited to the following language:

421-a Standard Rider Fact Sheet

Any dwelling unit within an eligible site that receives tax benefits under section 421-a of the New York State Real Property Tax Law will remain rent stabilized for a period of time depending on a variety of factors, including the location of the unit, the commencement of construction and the affordability in the project. Failure to provide the initial standardized rider may result in the unit remaining rent stabilized for the duration of the tenancy. Specific details related to your unit are listed on the next sheet. While your unit receives 421-a tax benefits, it will be subject to rent stabilization. New York State's rent regulation laws provide tenants in rent-stabilized apartments with a variety of legal rights and protections. The owner of your building must provide you with a rent-stabilized lease when you first move in and also each time you renew your lease for your choice of either a one or two year term, for as long as your apartment remains stabilized.

You are entitled to continuous lease renewals while your apartment is rent stabilized. When you renew your lease, your rent may only be increased by an amount determined by New York State's rent regulation laws, which may be found by visiting (enter web address), and permitted by applicable tax benefit laws.

Rent increases for rent-stabilized tenants are determined by the New York City Rent Guidelines Board, and generally, may only increase by a specified amount within a one-year or two-year lease term. For more information, please visit (enter web address) or call (enter number). Rent-stabilized tenants are also entitled to assistance by the New York State Homes and Community Renewal by visiting (enter web address) or calling (enter number).

421-a Rider - Unit Number

As a rent-regulated tenant, your rights are, in part, determined by 421-a of the New York State Real Property Tax Law. For more information, you may contact New York State Housing and Community Renewal by calling (enter number) or visiting (enter web address) or the New York City Department of Housing Preservation and Development by calling (enter number) or visiting (enter web address). The first rent as of (date of initial lease commencement) for (unit apartment number) is (amount). Because (unit number) receives a 421-a tax abatement, it will be rent regulated until at least MM/DD/YYYY. Construction commenced on your building, located at (address) on MM/DD/YYYY. Construction was completed on MM/DD/YYYY. On (MM/DD/YYYY specific to tenant), your landlord can begin to increase the rent for unit number by 2.2% each year.

The 421-a benefits for (unit number) expire on (MM/DD/YYYY). After the expiration of the 421-a tax abatement, your unit will ___ (either remain rent-stabilized for the duration of your tenancy or continue to be protected due to additional programs outlined below).

(Unit number) also receives (list any other city, state, federal affordability program) and (the impact that has on the unit's continuing affordability, the date on which those benefits expire and the impact of the expiration of those benefits on the unit).

If you believe that any of the information contained in this rider is incorrect, contact New York State Homes and Community Renewal by calling (enter number) or visiting (enter web address) or the New York City Department of Housing Preservation and Development by calling (enter number) or visiting (enter web address).

§ 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.