Bill Text: NY S03403 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides for the appointment of three alternates on rent guideline boards; one alternate shall represent tenants, one shall represent owners of property and one shall be a public representative; alternates shall be permitted to participate in all proceedings of the board as non-voting members; an alternate shall only participate as a voting member of the board and be paid when a member, representing the same interest as the alternate, is unable to fulfill his or her duties on the board; applies to the city of New York, counties outside the city, towns and villages.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S03403 Detail]
Download: New_York-2021-S03403-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3403 2021-2022 Regular Sessions IN SENATE January 29, 2021 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend the emergency tenant protection act of nineteen seven- ty-four and the administrative code of the city of New York, in relation to alternates on rent guidelines boards 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 section 5 of part G of chapter 36 4 of the laws of 2019, is 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 and three alternates 9 appointed by the commissioner of housing and community renewal upon 10 recommendation of the county legislature, except that a rent guidelines 11 board created subsequent to the effective date of the chapter of the 12 laws of two thousand nineteen that amended this section shall consist of 13 nine members appointed by the commissioner of housing and community 14 renewal upon recommendations of the local legislative body of each city 15 having a population of less than one million or town or village which 16 has determined the existence of an emergency pursuant to section three 17 of this act. Such recommendation shall be made within thirty days after 18 the first local declaration of an emergency in such county; two such 19 members and one such alternate shall be representative of tenants, two 20 such members and one such alternate shall be representative of owners of 21 property, and five such members and one such alternate shall be public 22 [members] representatives each of whom shall have had at least five 23 years experience in either finance, economics or housing. One public EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07537-01-1S. 3403 2 1 member shall be designated by the commissioner to serve as [chairman] 2 chairperson and shall hold no other public office. No member, officer or 3 employee of any municipal rent regulation agency or the state division 4 of housing and community renewal and no person who owns or manages real 5 estate covered by this law or who is an officer of any owner or tenant 6 organization shall serve on a rent guidelines board. One public member, 7 one member, the alternate representative of tenants and one member 8 representative of owners shall serve for a term ending two years from 9 January first next succeeding the date of their appointment; one public 10 member, one member representative of tenants, and one member and the 11 alternate representative of owners shall serve for terms ending three 12 years from the January first next succeeding the date of their appoint- 13 ment and three public members and the public alternate shall serve for 14 terms ending four years from January first next succeeding the dates of 15 their appointment. Thereafter, all members and alternates shall serve 16 for terms of four years each. Members and alternates shall continue in 17 office until their successors have been appointed and qualified. The 18 commissioner shall fill any vacancy which may occur by reason of death, 19 resignation; or otherwise in a manner consistent with the original 20 appointment. A member or alternate may be removed by the commissioner 21 for cause, but not without an opportunity to be heard in person or by 22 counsel, in his or her defense, upon not less than ten [days] days' 23 notice. Compensation for the members and alternates of the board shall 24 be at the rate of one hundred dollars per day, for no more than twenty 25 days a year, except that the [chairman] chairperson shall be compensated 26 at the rate of one hundred twenty-five dollars a day for no more than 27 thirty days a year. The board shall be provided staff assistance by the 28 division of housing and community renewal. The compensation of such 29 members and alternates and the costs of staff assistance shall be paid 30 by the division of housing and community renewal, which shall be reim- 31 bursed in the manner prescribed in section [four] eight of this act. An 32 alternate shall only participate as a voting member in the proceedings 33 of the board and be paid when a member, representing the same interest 34 as the alternate, is unable to fulfill his or her duties on the board. 35 Alternates shall be permitted to participate in all proceedings of the 36 board as non-voting members. The local legislative body of each city 37 having a population of less than one million and each town and village 38 in which an emergency has been determined to exist as herein provided 39 [shall be] is authorized to designate one person who shall be represen- 40 tative of tenants and one person who shall be representative of owners 41 of property to serve at its pleasure and without compensation to advise 42 and assist the county rent guidelines board in matters affecting the 43 adjustment of rents for housing accommodations in such city, town or 44 village as the case may be. 45 § 2. Subdivisions a and c of section 26-510 of the administrative code 46 of the city of New York are amended to read as follows: 47 a. There shall be a rent guidelines board, to consist of nine members 48 and three alternates, appointed by the mayor. Two members and one alter- 49 nate shall be representative of tenants, two members and one alternate 50 shall be representative of owners of property, and five members and one 51 alternate shall be public [members] representatives, each of whom shall 52 have had at least five years experience in either finance, economics, or 53 housing. One public member shall be designated by the mayor to serve as 54 [chairman] chairperson and shall hold no other public office. No 55 member, officer, or employee of any municipal rent regulation agency or 56 the state division of housing and community renewal and no person whoS. 3403 3 1 owns or manages real estate covered by this law or who is an officer of 2 any owner or tenant organization shall serve on a rent guidelines board. 3 One public member, one member, and one alternate representative of 4 tenants and one member representative of owners shall serve for a term 5 ending two years from January first next succeeding the date of their 6 appointment; one public member, one member representative of tenants 7 [and], one member, and one alternate representative of owners shall 8 serve for terms ending three years from the January first next succeed- 9 ing the date of their appointment; and two public members and the public 10 alternate shall serve for terms ending four years from January first 11 next succeeding the dates of their appointment. The [chairman] chair- 12 person shall serve at the pleasure of the mayor. Thereafter, all members 13 and alternates shall continue in office until their successors have been 14 appointed and qualified. The mayor shall fill any vacancy which may 15 occur by reason of death, resignation, or otherwise in a manner consist- 16 ent with the original appointment. A member or alternate may be removed 17 by the mayor for cause, but not without an opportunity to be heard in 18 person or by counsel, in his or her defense, upon not less than ten 19 [days] days' notice. An alternate shall only participate as a voting 20 member in the proceedings of the board and be paid when a member, 21 representing the same interest as the alternate, is unable to fulfill 22 his or her duties on the board. Alternates shall be permitted to partic- 23 ipate in all proceedings of the board as non-voting members. 24 c. Such members and alternates shall be compensated on a per diem 25 basis of one hundred dollars per day for no more than twenty-five days a 26 year, except that the [chairman] chairperson shall be compensated at one 27 hundred twenty-five dollars a day for no more than fifty days a year. 28 The [chairman] chairperson shall be chief administrative officer of the 29 rent guidelines board and among his or her powers and duties he or she 30 shall have the authority to employ, assign, and supervise the employees 31 of the rent guidelines board and enter into contracts for consultant 32 services. The department of housing preservation and development shall 33 cooperate with the rent guidelines board and may assign personnel and 34 perform such services in connection with the duties of the rent guide- 35 lines board as may reasonably be required by the [chairman] chairperson. 36 § 3. This act shall take effect immediately provided that the amend- 37 ment to section 26-510 of the rent stabilization law of nineteen hundred 38 sixty-nine made by section two of this act shall expire on the same date 39 as such law expires and shall not affect the expiration of such law as 40 provided under section 26-520 of such law.
