Bill Text: NY A01551 | 2019-2020 | General Assembly | Introduced


Bill Title: Precludes owners from collecting further rent increases if they fail to pay their housing unit fee.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced) 2019-01-15 - referred to housing [A01551 Detail]

Download: New_York-2019-A01551-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1551
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2019
                                       ___________
        Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
          tee on Housing
        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 housing unit fees
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.    Subdivision a of section 26-517.1 of the administrative
     2  code of the city of New York, as added by local law  number  95  of  the
     3  city of New York for the year 1985, is amended to read as follows:
     4    a. The [Department] department of [Finance] finance shall collect from
     5  the owner of each housing accommodation registered pursuant to [Section]
     6  section  26-517  of  this  [law]  chapter an annual fee in the amount of
     7  [ten] thirty dollars per year for each unit  subject  to  this  law,  in
     8  order  to defray costs incurred by the city pursuant to subdivision c of
     9  section eight of the emergency tenant protection act of nineteen hundred
    10  seventy-four.
    11    § 2. Subdivisions c and d of section 8 of section 4 of chapter 576  of
    12  the  laws  of  1974  constituting the emergency tenant protection act of
    13  nineteen seventy-four, subdivision c as amended by section 5 of  part  Z
    14  of  chapter 56 of the laws of 2010 and subdivision d as amended by chap-
    15  ter 116 of the laws of 1997, are amended to read as follows:
    16    c. Whenever a city having a population of  one  million  or  more  has
    17  determined  the  existence  of an emergency pursuant to section three of
    18  this act, the provisions of this act and the New York city rent stabili-
    19  zation law of nineteen hundred sixty-nine shall be administered  by  the
    20  state  division  of housing and community renewal as provided in the New
    21  York city rent stabilization law  of  nineteen  hundred  sixty-nine,  as
    22  amended,  or  as  otherwise  provided  by law. The costs incurred by the
    23  state division of housing and community renewal  in  administering  such
    24  regulation  shall  be  paid by such city. All payments for such adminis-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02529-01-9

        A. 1551                             2
     1  tration shall be transmitted to the state division of housing and commu-
     2  nity renewal as follows: on or after April first of each year commencing
     3  with April, nineteen hundred eighty-four, the  commissioner  of  housing
     4  and  community renewal shall determine an amount necessary to defray the
     5  division's anticipated annual cost, and one-quarter of such amount shall
     6  be paid by such city on or before July first of such  year,  one-quarter
     7  of  such  amount on or before October first of such year, one-quarter of
     8  such amount on or before January first of the following  year  and  one-
     9  quarter  of such amount on or before March thirty-first of the following
    10  year. After the close of the fiscal year of the state, the  commissioner
    11  shall  determine  the amount of all actual costs incurred in such fiscal
    12  year and shall certify such amount  to  such  city.  If  such  certified
    13  amount  shall  differ  from  the amount paid by the city for such fiscal
    14  year, appropriate adjustments  shall  be  made  in  the  next  quarterly
    15  payment to be made by such city. In the event that the amount thereof is
    16  not  paid  to  the  commissioner  as herein prescribed, the commissioner
    17  shall certify the unpaid amount to the comptroller, and the  comptroller
    18  shall,  to  the  extent  not  otherwise prohibited by law, withhold such
    19  amount from any state aid payable to such city. In no  event  shall  the
    20  amount  imposed  on  the owners exceed [ten] thirty dollars per unit per
    21  year.
    22    d. The failure to pay the prescribed assessment not  to  exceed  [ten]
    23  thirty  dollars  per  unit for any housing accommodation subject to this
    24  act or the New York city rent  stabilization  law  of  nineteen  hundred
    25  sixty-nine  shall  constitute  a charge due and owing such city, town or
    26  village which has imposed an annual charge for each such housing  accom-
    27  modation  pursuant to subdivision b of this section. Any such city, town
    28  or village shall be authorized to provide for  the  enforcement  of  the
    29  collection of such charges by commencing an action or proceeding for the
    30  recovery  of  such fees or by the filing of a lien upon the building and
    31  lot. Such methods for the enforcement of the collection of such  charges
    32  shall be the sole remedy for the enforcement of this section.
    33    §  3.  The increased revenues payable each year to the commissioner of
    34  the state division of housing and community renewal pursuant to this act
    35  shall be divided equally by the commissioner between the office of  rent
    36  administration  and  the office of the tenant protection unit within the
    37  division of housing and the community renewal and shall be  utilized  by
    38  the  commissioner  in addition to and not in substitution for the levels
    39  of funding from all sources provided to  the  office  of  rent  adminis-
    40  tration  and  the  office of the tenant protection unit on the effective
    41  date of this act.
    42    § 4. This act shall take effect immediately; provided that the  amend-
    43  ments to section 26-517.1 of chapter 4 of title 26 of the administrative
    44  code  of  the  city  of  New  York made by section one of this act shall
    45  expire on the same date as such law expires and  shall  not  affect  the
    46  expiration of such law as provided under section 26-520 of such law; and
    47  provided  further  that  the  amendments  to  section 8 of the emergency
    48  tenant protection act of nineteen seventy-four made by  section  two  of
    49  this act shall expire on the same date as such act expires and shall not
    50  affect  the  expiration of such act as provided in section 17 of chapter
    51  576 of the laws of 1974.
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