Bill Text: NY A05521 | 2009-2010 | General Assembly | Introduced
Bill Title: 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 guidelines
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - referred to housing [A05521 Detail]
Download: New_York-2009-A05521-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5521 2009-2010 Regular Sessions I N A S S E M B L Y February 13, 2009 ___________ Introduced by M. of A. V. LOPEZ -- 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 the establishment of rent guidelines THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision b of section 26-510 of the administrative code 2 of the city of New York is amended to read as follows: 3 b. The rent guidelines board shall establish annually guidelines for 4 rent adjustments, and in determining whether rents for housing accommo- 5 dations subject to the emergency tenant protection act of nineteen 6 seventy-four or this law shall be adjusted shall consider, among other 7 things (1) the economic condition of the residential real estate indus- 8 try in the affected area including such factors as the prevailing and 9 projected (i) real estate taxes and sewer and water rates, (ii) gross 10 operating AND maintenance costs (including insurance rates, governmental 11 fees, cost of fuel and labor AND ADMINISTRATIVE costs), (iii) costs and 12 availability of financing (including effective rates of interest), (iv) 13 over-all supply of housing accommodations and over-all vacancy rates, 14 (V) GROSS RENTAL INCOME INCLUDING INCOME FROM OTHER THAN RESIDENTIAL 15 RENTS, (VI) ECONOMIC BENEFITS, OTHER THAN RENTAL INCOME, DERIVED FROM 16 THE OWNERSHIP AND UPGRADING OF RENTAL PROPERTY, (2) relevant data from 17 the current and projected cost of living indices for the affected area, 18 (3) such other data as may be made available to it. IN CALCULATING LABOR 19 AND ADMINISTRATIVE COSTS, THE RENT GUIDELINES BOARD SHALL CONSIDER THE 20 FEASIBILITY OF IMPUTING A VALUE TO THE ACTUAL, VERIFIED UNSALARIED LABOR 21 AND ADMINISTRATIVE TASKS PERFORMED BY BUILDING OWNERS OR MEMBERS OF 22 THEIR IMMEDIATE FAMILY WHO RESIDE WITH THEM. IF THE INCLUSION OF THE 23 VALUE OF SUCH LABOR AND ADMINISTRATIVE TASKS IS DEEMED FEASIBLE BY THE 24 BOARD, THEY SHALL BE INCLUDED AS ONE OF THE FACTORS CONSIDERED HEREIN. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08419-01-9 A. 5521 2 1 THE RENT GUIDELINES BOARD SHALL ANNUALLY REQUIRE A SAMPLE OF LANDLORDS 2 SUBJECT TO REGULATION UNDER THIS LAW TO MAKE AVAILABLE THEIR BOOKS AND 3 RECORDS REGARDING INCOME, EXPENDITURES, TAX BENEFITS AND FINANCING 4 ARRANGEMENTS FOR EXAMINATION BY THE BOARD AND THE BOARD SHALL UTILIZE 5 THE RESULTS OF SUCH SAMPLE AS ONE OF THE CRITERIA UPON WHICH THEIR FIND- 6 INGS ARE BASED. SUCH SAMPLE SHALL BE DESIGNED TO BE REASONABLY REPRESEN- 7 TATIVE OF THE TYPES OF BUILDINGS WHICH ARE SUBJECT TO REGULATION UNDER 8 THIS LAW. ANY INFORMATION PROVIDED BY LANDLORDS PURSUANT TO THIS SUBDI- 9 VISION REGARDING AN INDIVIDUAL BUILDING OR GROUP OF BUILDINGS SHALL NOT 10 BE SUBJECT TO THE FREEDOM OF INFORMATION LAW AND THE RENT GUIDELINES 11 BOARD SHALL SAFEGUARD THE CONFIDENTIALITY OF SUCH INFORMATION PROVIDED 12 HOWEVER THAT THE BOARD SHALL MAKE AVAILABLE TO THE PUBLIC CUMULATIVE AND 13 STATISTICAL RESULTS OF THE REPRESENTATIVE SAMPLE OF BOOKS AND RECORDS 14 REQUIRED HEREIN. Not later than July first of each year, the rent guide- 15 lines board shall file with the city clerk its findings for the preced- 16 ing calendar year, and shall accompany such findings with a statement of 17 the maximum rate or rates of rent adjustment, if any, for one or more 18 classes of accommodations subject to this law, authorized for leases or 19 other rental agreements commencing on the next succeeding October first 20 or within the twelve months thereafter. Such findings and statement 21 shall be published in the City Record. 22 S 2. Subdivision i of section 26-510 of the administrative code of the 23 city of New York is relettered subdivision j and a new subdivision i is 24 added to read as follows: 25 I. IN FURTHERANCE OF ITS RESPONSIBILITY TO ENFORCE THIS LAW, THE RENT 26 GUIDELINES BOARD SHALL BE EMPOWERED TO ADMINISTER OATHS, ISSUE SUBPOE- 27 NAS, CONDUCT INVESTIGATIONS, MAKE INSPECTIONS AND DESIGNATE OFFICERS TO 28 HEAR AND REPORT. 29 S 3. The opening paragraph of subdivision b of section 4 of section 4 30 of chapter 576 of the laws of 1974, constituting the emergency tenant 31 protection act of nineteen seventy-four, as amended by chapter 403 of 32 the laws of 1983, is amended to read as follows: 33 A county rent guidelines board shall establish annually guidelines for 34 rent adjustments which, at its sole discretion may be varied and differ- 35 ent for and within the several zones and jurisdictions of the board, and 36 in determining whether rents for housing accommodations as to which an 37 emergency has been declared pursuant to this act shall be adjusted, 38 shall consider among other things (1) the economic condition of the 39 residential real estate industry in the affected area including such 40 factors as the prevailing and projected (i) real estate taxes and sewer 41 and water rates, (ii) gross operating AND maintenance costs (including 42 insurance rates, governmental fees, cost of fuel and labor AND ADMINIS- 43 TRATIVE costs), (iii) costs and availability of financing (including 44 effective rates of interest), (iv) over-all supply of housing accommo- 45 dations and over-all vacancy rates, (V) GROSS RENTAL INCOME, INCLUDING 46 INCOME FROM OTHER THAN RESIDENTIAL RENTS, (VI) ECONOMIC BENEFITS, OTHER 47 THAN RENTAL INCOME, DERIVED FROM THE OWNERSHIP AND UPGRADING OF RENTAL 48 PROPERTY, (2) relevant data from the current and projected cost of 49 living indices for the affected area, (3) such other data as may be 50 made available to it. IN CALCULATING LABOR AND ADMINISTRATIVE COSTS, THE 51 RENT GUIDELINES BOARD SHALL CONSIDER THE FEASIBILITY OF IMPUTING A VALUE 52 TO THE ACTUAL, VERIFIED UNSALARIED LABOR AND ADMINISTRATIVE TASKS 53 PERFORMED BY BUILDING OWNERS OR MEMBERS OF THEIR IMMEDIATE FAMILY WHO 54 RESIDE WITH THEM. IF THE INCLUSION OF THE VALUE OF SUCH LABOR AND ADMIN- 55 ISTRATIVE TASKS IS DEEMED FEASIBLE BY THE BOARD, THEY SHALL BE INCLUDED 56 AS ONE OF THE FACTORS CONSIDERED HEREIN. THE RENT GUIDELINES BOARD SHALL A. 5521 3 1 ANNUALLY REQUIRE A SAMPLE OF LANDLORDS SUBJECT TO REGULATION UNDER THIS 2 ACT TO MAKE AVAILABLE THEIR BOOKS AND RECORDS REGARDING INCOME, EXPENDI- 3 TURES, TAX BENEFITS AND FINANCING ARRANGEMENTS FOR EXAMINATION BY THE 4 BOARD AND THE BOARD SHALL UTILIZE THE RESULTS OF SUCH SAMPLE AS ONE OF 5 THE CRITERIA UPON WHICH THEIR FINDINGS ARE BASED. SUCH SAMPLE SHALL BE 6 DESIGNED TO BE REASONABLY REPRESENTATIVE OF THE TYPES OF BUILDINGS WHICH 7 ARE SUBJECT TO REGULATION UNDER THIS LAW. ANY INFORMATION PROVIDED BY 8 LANDLORDS PURSUANT TO THIS SUBDIVISION REGARDING AN INDIVIDUAL BUILDING 9 OR GROUP OF BUILDINGS SHALL NOT BE SUBJECT TO THE FREEDOM OF INFORMATION 10 LAW AND THE RENT GUIDELINES BOARD SHALL SAFEGUARD THE CONFIDENTIALITY OF 11 SUCH INFORMATION PROVIDED HOWEVER THAT THE BOARD SHALL MAKE AVAILABLE TO 12 THE PUBLIC CUMULATIVE AND STATISTICAL RESULTS OF THE REPRESENTATIVE 13 SAMPLE OF BOOKS AND RECORDS REQUIRED HEREIN. As soon as practicable 14 after its creation and thereafter not later than July first of each 15 year, a rent guidelines board shall file with the state division of 16 housing and community renewal its findings for the preceding calendar 17 year, and shall accompany such findings with a statement of the maximum 18 rate or rates of rent adjustment, if any, for one or more classes of 19 accommodation subject to this act, authorized for leases or other rental 20 agreements commencing during the next succeeding twelve months. The 21 standards for rent adjustments may be applicable for the entire county 22 or may be varied according to such zones or jurisdictions within such 23 county as the board finds necessary to achieve the purposes of this 24 subdivision. 25 S 4. Subdivisions c and d of section 4 of section 4 of chapter 576 of 26 the laws of 1974, constituting the emergency tenant protection act of 27 nineteen seventy-four are relettered subdivisions d and e and a new 28 subdivision c is added to read as follows: 29 C. IN FURTHERANCE OF ITS RESPONSIBILITY TO ENFORCE THIS ACT, THE RENT 30 GUIDELINES BOARD SHALL BE EMPOWERED TO ADMINISTER OATHS, ISSUE SUBPOE- 31 NAS, CONDUCT INVESTIGATIONS, MAKE INSPECTIONS AND DESIGNATE OFFICERS TO 32 HEAR AND REPORT. 33 S 5. This act shall take effect immediately provided that: 34 (a) the amendments to section 26-510 of the rent stabilization law of 35 nineteen hundred sixty-nine made by sections one and two of this act 36 shall expire on the same date as such law expires and shall not affect 37 the expiration of such law as provided under section 26-520 of such law, 38 and; 39 (b) the amendments to section 4 of the emergency tenant protection act 40 of nineteen seventy-four made by sections three and four of this act 41 shall expire on the same date as such act expires and shall not affect 42 the expiration of such act as provided in section 17 of chapter 576 of 43 the laws of 1974, as amended.