Bill Text: NY A10688 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Eliminates the prohibition on owners and managers of rent regulated property, and officers of owners and tenant organizations from being members of a rent guidelines board.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2012-06-14 - referred to housing [A10688 Detail]

Download: New_York-2011-A10688-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10688
                                 I N  A S S E M B L Y
                                     June 14, 2012
                                      ___________
       Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Zebrowski)
         -- read once and referred to the Committee on Housing
       AN ACT to amend the emergency tenant protection act of  nineteen  seven-
         ty-four,  in  relation  to  eliminating  the prohibition on owners and
         managers of rent regulated property, and officers of tenant and owners
         organizations from being members of a rent guidelines board
         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 4 of section 4 of chapter 576 of
    2  the laws of 1974, constituting the emergency tenant  protection  act  of
    3  nineteen seventy-four, as amended by chapter 349 of the laws of 1979, is
    4  amended to read as follows:
    5    a.  In  each  county wherein any city having a population of less than
    6  one million or any town or village has determined the  existence  of  an
    7  emergency  pursuant to section three of this act, there shall be created
    8  a rent guidelines board to consist of  nine  members  appointed  by  the
    9  commissioner of housing and community renewal upon recommendation of the
   10  county legislature which recommendation shall be made within thirty days
   11  after  the  first  local declaration of an emergency in such county; two
   12  such members shall be representative of tenants, two shall be  represen-
   13  tative  of  owners of property, and five shall be public members each of
   14  whom shall have had at least five years experience  in  either  finance,
   15  economics  or  housing.  One  public  member  shall be designated by the
   16  commissioner to serve as chairman and shall hold no other public office.
   17  No member, officer or employee of any municipal rent  regulation  agency
   18  or  the  state  division of housing and community renewal [and no person
   19  who owns or manages real estate covered by this law or who is an officer
   20  of any owner or tenant organization] shall serve on  a  rent  guidelines
   21  board.  One  public member, one member representative of tenants and one
   22  member representative of owners shall serve for a term ending two  years
   23  from  January  first  next succeeding the date of their appointment; one
   24  public member, one member  representative  of  tenants  and  one  member
   25  representative  of  owners shall serve for terms ending three years from
   26  the January first next succeeding the  date  of  their  appointment  and
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15639-02-2
       A. 10688                            2
    1  three  public members shall serve for terms ending four years from Janu-
    2  ary first next succeeding the dates of their appointment.    Thereafter,
    3  all  members  shall  serve  for terms of four years each.  Members shall
    4  continue in office until their successors have been appointed and quali-
    5  fied.  The commissioner shall fill any vacancy which may occur by reason
    6  of death, resignation or otherwise  in  a  manner  consistent  with  the
    7  original  appointment.  A  member may be removed by the commissioner for
    8  cause, but not without an opportunity to be heard in person or by  coun-
    9  sel,  in  his  defense, upon not less than ten days notice. Compensation
   10  for the members of the board shall be at the rate of one hundred dollars
   11  per day, for no more than twenty days a year, except that  the  chairman
   12  shall  be  compensated  at the rate of one hundred twenty-five dollars a
   13  day for no more than thirty days a year. The  board  shall  be  provided
   14  staff  assistance  by the division of housing and community renewal. The
   15  compensation of such members and the costs of staff assistance shall  be
   16  paid  by  the  division  of housing and community renewal which shall be
   17  reimbursed in the manner prescribed in THIS section [four of this  act].
   18  The local legislative body of each city having a population of less than
   19  one  million  and  each  town and village in which an emergency has been
   20  determined to exist as herein provided shall be authorized to  designate
   21  one  person  who  shall  be representative of tenants and one person who
   22  shall be representative of owners of property to serve at  its  pleasure
   23  and without compensation to advise and assist the county rent guidelines
   24  board  in matters affecting the adjustment of rents for housing accommo-
   25  dations in such city, town or village as the case may be.
   26    S 2. This act shall take effect immediately; provided that the  amend-
   27  ments  to  subdivision a of section 4 of the emergency tenant protection
   28  act of nineteen seventy-four made by  section  one  of  this  act  shall
   29  expire  on  the  same  date as such act expires and shall not affect the
   30  expiration of such act as provided in section 17 of chapter 576  of  the
   31  laws of 1974.