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.
