Bill Text: NY S01610 | 2023-2024 | General Assembly | Amended
Bill Title: Prohibits landlords from including incorrect information relating to rent decontrol in certain leases and renewals thereof; imposes a violation punishable by a fine of $1000 for a violation by a landlord; requires the standardization of certain notices pertaining to units subject to the Affordable New York Housing Program.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-05-29 - referred to ways and means [S01610 Detail]
Download: New_York-2023-S01610-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1610--A Cal. No. 423 2023-2024 Regular Sessions IN SENATE January 13, 2023 ___________ Introduced by Sens. HOYLMAN-SIGAL, WEBB -- read twice and ordered print- ed, and when printed to be committed to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the real property tax law, in relation to prohibiting landlords from including incorrect information relating to rent decon- trol in certain leases and renewals thereof and requires the standard- ization of certain notices pertaining to units subject to the Afforda- ble 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. Subparagraph (ii) of paragraph (f) of subdivision 2 of 2 section 421-a of the real property tax law, as amended by chapter 289 of 3 the laws of 1985, is amended to read as follows: 4 (ii) with respect to units which become subject to the provisions of 5 this section after the effective date of this subparagraph, such tax 6 benefit period as provided in the opening paragraph of this paragraph or 7 applicable law or act shall have expired and either each lease and 8 renewal thereof for such unit for the tenant in residence at the time of 9 such decontrol has included a notice in at least twelve point type 10 informing such tenant that the unit shall become subject to such decon- 11 trol upon the expiration of such tax benefit period as provided in the 12 opening paragraph of this paragraph or applicable law or act and states 13 the approximate date on which such tax benefit period as provided in the 14 opening paragraph of this paragraph is scheduled to expire; or such unit 15 becomes vacant as provided under subparagraph (i) of this paragraph. 16 Neither a landlord nor any person acting on behalf of the landlord shall EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00673-03-4S. 1610--A 2 1 include incorrect or misleading information in any notice provided 2 pursuant to this subparagraph. A landlord or any person acting on 3 behalf of the landlord who willfully includes information they know or 4 reasonably know to be misleading or incorrect information in any notice 5 provided pursuant to this subparagraph or fails to provide the standard- 6 ized rider pursuant to paragraph (f-1) of this subdivision is guilty of 7 a violation punishable by a fine of one thousand dollars. 8 § 2. Subdivision 2 of section 421-a of the real property tax law is 9 amended by adding a new paragraph (f-1) to read as follows: 10 (f-1) The commissioner of housing and community renewal shall stand- 11 ardize the notice to be provided by landlords to their tenants pursuant 12 to subparagraph (ii) of paragraph (f) of this subdivision. Such notice 13 shall be printed in at least twelve point type and shall include but not 14 be limited to the following language: 15 421-a Standard Rider Fact Sheet 16 Any dwelling unit within an eligible site that receives tax benefits 17 under section 421-a of the New York State Real Property Tax Law will 18 remain rent stabilized for a period of time depending on a variety of 19 factors, including the location of the unit, the commencement of 20 construction and the affordability in the project. Failure to provide 21 the initial standardized rider may result in the unit remaining rent 22 stabilized for the duration of the tenancy. Specific details related to 23 your unit are listed on the next sheet. While your unit receives 421-a 24 tax benefits, it will be subject to rent stabilization. New York State's 25 rent regulation laws provide tenants in rent-stabilized apartments with 26 a variety of legal rights and protections. The owner of your building 27 must provide you with a rent-stabilized lease when you first move in and 28 also each time you renew your lease for your choice of either a one or 29 two year term, for as long as your apartment remains stabilized. 30 You are entitled to continuous lease renewals while your apartment is 31 rent stabilized. When you renew your lease, your rent may only be 32 increased by an amount determined by New York State's rent regulation 33 laws, which may be found by visiting (enter web address), and permitted 34 by applicable tax benefit laws. 35 Rent increases for rent-stabilized tenants are determined by the New 36 York City Rent Guidelines Board, and generally, may only increase by a 37 specified amount within a one-year or two-year lease term. For more 38 information, please visit (enter web address) or call (enter number). 39 Rent-stabilized tenants are also entitled to assistance by the New York 40 State Homes and Community Renewal by visiting (enter web address) or 41 calling (enter number). 42 421-a Rider - Unit Number 43 As a rent-regulated tenant, your rights are, in part, determined by 44 421-a of the New York State Real Property Tax Law. For more information, 45 you may contact New York State Housing and Community Renewal by calling 46 (enter number) or visiting (enter web address) or the New York City 47 Department of Housing Preservation and Development by calling (enter 48 number) or visiting (enter web address). 49 The first rent as of (date of initial lease commencement) for (unit 50 apartment number) is (amount). 51 Because (unit number) receives a 421-a tax abatement, it will be rent 52 regulated until at least MM/DD/YYYY. 53 Construction commenced on your building, located at (address) on 54 MM/DD/YYYY. 55 Construction was completed on MM/DD/YYYY.S. 1610--A 3 1 On (MM/DD/YYYY specific to tenant), your landlord can begin to increase 2 the rent for unit number by 2.2% each year. 3 The 421-a benefits for (unit number) expire on (MM/DD/YYYY). After the 4 expiration of the 421-a tax abatement, your unit will ___ (either remain 5 rent-stabilized for the duration of your tenancy or continue to be 6 protected due to additional programs outlined below). 7 (Unit number) also receives (list any other city, state, federal 8 affordability program) and (the impact that has on the unit's continuing 9 affordability, the date on which those benefits expire and the impact of 10 the expiration of those benefits on the unit). 11 If you believe that any of the information contained in this rider is 12 incorrect, contact New York State Homes and Community Renewal by calling 13 (enter number) or visiting (enter web address) or the New York City 14 Department of Housing Preservation and Development by calling (enter 15 number) or visiting (enter web address). 16 § 3. This act shall take effect on the sixtieth day after it shall 17 have become a law and shall apply to all leases entered into, renewed or 18 extended on and after such effective date. Effective immediately the 19 addition, amendment and/or repeal of any rule or regulation necessary 20 for the implementation of this act on its effective date are authorized 21 to be made and completed on or before such date.
