Bill Text: NY A05015 | 2017-2018 | General Assembly | Amended


Bill Title: Prohibits deregulation without verification of the tax abatement/credit status of a building; and requires local agencies to notify the state division of housing and community renewal of approval of an application for a tax exemption.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-06-18 - reported referred to rules [A05015 Detail]

Download: New_York-2017-A05015-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         5015--B
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 6, 2017
                                       ___________
        Introduced  by  M.  of  A.  O'DONNELL  -- Multi-Sponsored by -- M. of A.
          EPSTEIN -- read once and referred  to  the  Committee  on  Housing  --
          recommitted  to  the  Committee on Housing in accordance with Assembly
          Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee -- reported and
          referred  to  the  Committee  on  Codes  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
        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   prohibiting   deregulation   without   verification  of  the  tax
          abatement/credit status of a building and requiring local agencies  to
          notify the state division of housing and community renewal of approval
          of an application for a tax exemption
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The administrative code of the city of New York is  amended
     2  by adding a new section 26-504.4 to read as follows:
     3    § 26-504.4 Deregulation. Notwithstanding any other provision of law to
     4  the  contrary, the state division of housing and community renewal shall
     5  verify current tax abatement/credit status of buildings before  allowing
     6  units to be deregulated under any applicable provision of law.
     7    §  2.  The  administrative  code of the city of New York is amended by
     8  adding a new section 26-517.2 to read as follows:
     9    § 26-517.2 Additional information. a. In addition to providing tenants
    10  with registration information as required by subdivisions  d  and  f  of
    11  section 26-517 of this chapter, the state division of housing and commu-
    12  nity  renewal  shall  give  notice in writing to all owners of buildings
    13  regulated pursuant to this chapter that (i)  such  owner  must  register
    14  each unit as rent stabilized pursuant to section 26-517 of this chapter;
    15  (ii) such owner must issue rent stabilized leases to all rental tenants;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09473-03-8

        A. 5015--B                          2
     1  and (iii) failure to register pursuant to section 26-517 of this chapter
     2  may  subject such owner to fines and penalties as provided in this chap-
     3  ter. In addition, a copy of the notice required pursuant to this section
     4  must be mailed by the state division of housing and community renewal to
     5  the tenant in occupancy of each unit regulated pursuant to this chapter.
     6    b.  Notice required pursuant to this section shall be provided annual-
     7  ly. Such notice shall also be provided when a new tenant takes occupancy
     8  of a regulated unit.
     9    c. Notwithstanding any other provision of law to the  contrary,  local
    10  agencies  shall  immediately  notify  the  state division of housing and
    11  community renewal in writing, on a form approved by the commissioner  of
    12  the state division of housing and community renewal, that an application
    13  for  an  exemption  under  section four hundred twenty-one-a of the real
    14  property tax law has been approved.  Such notification shall provide the
    15  beginning and end dates of such exemption.
    16    § 3. Section 4 of chapter 576 of the laws of  1974,  constituting  the
    17  emergency  tenant protection act of nineteen seventy-four, is amended by
    18  adding a new section 5-b to read as follows:
    19    § 5-b. Deregulation. Notwithstanding any other provision of law to the
    20  contrary, the state division of  housing  and  community  renewal  shall
    21  verify  current  tax abatement status of buildings before allowing units
    22  to be deregulated under any applicable provision of law.
    23    § 4. Section 4 of chapter 576 of the laws of  1974,  constituting  the
    24  emergency  tenant protection act of nineteen seventy-four, is amended by
    25  adding a new section 12-b to read as follows:
    26    § 12-b. Additional information. a. In addition  to  providing  tenants
    27  with  registration  information  as  required by subdivisions d and f of
    28  section 12-a of this section, the state division of housing and communi-
    29  ty renewal shall give notice in writing to all owners of buildings regu-
    30  lated pursuant to this chapter that (i) such owner  must  register  each
    31  unit  as  rent  stabilized;  (ii)  such owner must issue rent stabilized
    32  leases to all rental tenants; and (iii) failure to register pursuant  to
    33  section  12-a of this section may subject such owner to fines and penal-
    34  ties as provided in this act. In addition, a copy of the notice required
    35  pursuant to this section must be mailed by the state division of housing
    36  and community renewal to the tenant in occupancy of each unit  regulated
    37  pursuant to this chapter.
    38    b.  Notice required pursuant to this section shall be provided annual-
    39  ly. Such notice shall also be provided when a new tenant takes occupancy
    40  of a regulated unit.
    41    § 5. Section 13 of section 4 of chapter  576  of  the  laws  of  1974,
    42  constituting  the  emergency  tenant protection act of nineteen seventy-
    43  four, as amended by chapter 403 of the laws of 1983, is amended to  read
    44  as follows:
    45    § 13. Cooperation with other governmental agencies. a. The state divi-
    46  sion  of housing and community renewal and any rent guidelines board may
    47  request and shall receive cooperation and assistance in effectuating the
    48  purposes of this act from all departments, divisions,  boards,  bureaus,
    49  commissions or agencies of the state and political subdivisions thereof.
    50    b.  Notwithstanding  any other provision of law to the contrary, local
    51  agencies shall immediately notify the  state  division  of  housing  and
    52  community  renewal in writing, on a form approved by the commissioner of
    53  the state division of housing and community renewal, that an application
    54  for an exemption under section four hundred  twenty-one-a  of  the  real
    55  property tax law has been approved.  Such notification shall provide the
    56  beginning and end dates of such exemption.

        A. 5015--B                          3
     1    §  6.  This  act  shall take effect on the sixtieth day after it shall
     2  have become a law; provided that the amendments to chapter 4 of title 26
     3  of the administrative code of the city of New York made by sections  one
     4  and  two  of  this act shall expire on the same date as such law expires
     5  and  shall  not  affect  the  expiration  of  such law as provided under
     6  section 26-520 of such law; and provided, further, that  the  amendments
     7  to  the emergency tenant protection act of nineteen seventy-four made by
     8  sections three, four and five of this act shall expire on the same  date
     9  as  such  act expires and shall not affect the expiration of such act as
    10  provided in section 17 of chapter 576 of the laws of 1974.
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