Bill Text: NY S00076 | 2021-2022 | General Assembly | Introduced


Bill Title: Relates to certain notice requirements; 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 1-0)

Status: (Engrossed - Dead) 2022-06-03 - COMMITTED TO RULES [S00076 Detail]

Download: New_York-2021-S00076-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           76

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary

        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-i to read as follows:
     3    § 235-i. Willful violations of certain notice requirements. A landlord
     4  or any person acting on behalf of the landlord  who  willfully  includes
     5  information he or she knows to be misleading or incorrect information in
     6  any  notice  provided  pursuant to subparagraph (ii) of paragraph (f) of
     7  subdivision two of section four hundred twenty-one-a of the real proper-
     8  ty tax law is guilty of a violation punishable by a fine of one thousand
     9  dollars.
    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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00506-01-1

        S. 76                               2

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