Bill Text: NY A07990 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to certain notice requirements; and prohibits landlords from including incorrect information relating to rent decontrol in certain leases and renewals thereof pertaining to units subject to the Affordable New York Housing Program.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-03-12 - print number 7990a [A07990 Detail]

Download: New_York-2019-A07990-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7990

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 30, 2019
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Housing

        AN ACT to amend the real property law,  in  relation  to  violations  of
          certain  notice  requirements; and to amend the real property tax law,
          in relation to prohibiting landlords from including incorrect informa-
          tion relating to rent decontrol in certain leases and renewals thereof
          pertaining to units subject to the Affordable New York Housing Program

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  real property law is amended by adding a new section
     2  235-h to read as follows:
     3    § 235-h. Willful violations of certain notice requirements. A landlord
     4  or any person acting on behalf of the landlord  who  willfully  includes
     5  incorrect  or  misleading information in any notice provided pursuant to
     6  subparagraph (ii) of paragraph (f) of subdivision two  of  section  four
     7  hundred  twenty-one-a of the real property tax law is guilty of a misde-
     8  meanor punishable by a fine of one thousand dollars or  by  imprisonment
     9  not exceeding one year or by both such fine and imprisonment.
    10    §  2.  Subparagraph  (ii) of paragraph (f) of subdivision 2 of section
    11  421-a of the real property tax law, as amended by  chapter  289  of  the
    12  laws of 1985, is amended to read as follows:
    13    (ii)  with  respect to units which become subject to the provisions of
    14  this section after the effective date of  this  subparagraph,  such  tax
    15  benefit period as provided in the opening paragraph of this paragraph or
    16  applicable  law  or  act  shall  have  expired and either each lease and
    17  renewal thereof for such unit for the tenant in residence at the time of
    18  such decontrol has included a notice  in  at  least  twelve  point  type
    19  informing  such tenant that the unit shall become subject to such decon-
    20  trol upon the expiration of such tax benefit period as provided  in  the
    21  opening  paragraph of this paragraph or applicable law or act and states
    22  the approximate date on which such tax benefit period as provided in the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10963-02-9

        A. 7990                             2

     1  opening paragraph of this paragraph is scheduled to expire; or such unit
     2  becomes vacant as provided under subparagraph  (i)  of  this  paragraph.
     3  Notwithstanding the provisions of this subparagraph, the notice required
     4  by this subdivision shall not be included in any lease or renewal there-
     5  of  if  the  unit  to  which  the lease or renewal thereof pertains will
     6  remain subject to rent regulation or rent control pursuant to  an  addi-
     7  tional  tax exemption or rent stabilization program after the expiration
     8  of the tax benefit period as provided in the opening paragraph  of  this
     9  paragraph.  Neither  a  landlord  nor any person acting on behalf of the
    10  landlord shall include incorrect or misleading information in any notice
    11  provided pursuant to this subparagraph.
    12    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    13  have become a law and shall apply to all leases entered into, renewed or
    14  extended  on  and  after  such effective date. Effective immediately the
    15  addition, amendment and/or repeal of any rule  or  regulation  necessary
    16  for  the implementation of this act on its effective date are authorized
    17  to be made and completed on or before such date.
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