Bill Text: NY S03464 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides that no member, officer or employee of any municipal rent regulation agency or the state division of housing and community renewal shall serve on a rent guidelines board and no person who owns or manages real estate covered by the emergency tenant protection act of 1974 or who is an officer of any owner or tenant organization shall serve as a public member on a rent guidelines board; and further provides that no person who is engaged in any business which involves substantial dealings with real estate or tenant interests shall serve as a public member of a rent guidelines board.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S03464 Detail]
Download: New_York-2011-S03464-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3464
2011-2012 Regular Sessions
I N S E N A T E
February 23, 2011
___________
Introduced by Sens. OPPENHEIMER, DIAZ -- 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, in relation to additional qualifications for members of local
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 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 SHALL SERVE ON A
19 RENT GUIDELINES BOARD and no person who owns or manages real estate
20 covered by this law or who is an officer of any owner or tenant organ-
21 ization shall serve AS A PUBLIC MEMBER on a rent guidelines board. NO
22 PERSON WHO IS ENGAGED IN ANY BUSINESS WHICH INVOLVES SUBSTANTIAL DEAL-
23 INGS WITH REAL ESTATE OR TENANT INTERESTS SHALL SERVE AS A PUBLIC MEMBER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08606-01-1
S. 3464 2
1 OF A RENT GUIDELINES BOARD. One public member, one member representative
2 of tenants and one member representative of owners shall serve for a
3 term ending two years from January first next succeeding the date of
4 their appointment; one public member, one member representative of
5 tenants and one member representative of owners shall serve for terms
6 ending three years from the January first next succeeding the date of
7 their appointment and three public members shall serve for terms ending
8 four years from January first next succeeding the dates of their
9 appointment. Thereafter, all members shall serve for terms of four years
10 each. Members shall continue in office until their successors have been
11 appointed and qualified. The commissioner shall fill any vacancy which
12 may occur by reason of death, resignation or otherwise in a manner
13 consistent with the [original appointment] PROVISIONS OF THIS SUBDIVI-
14 SION. A member may be removed by the commissioner for cause, but not
15 without an opportunity to be heard in person or by counsel, in his
16 defense, upon not less than ten days notice. Compensation for the
17 members of the board shall be at the rate of one hundred dollars per
18 day, for no more than twenty days a year, except that the chairman shall
19 be compensated at the rate of one hundred twenty-five dollars a day for
20 no more than thirty days a year. The board shall be provided staff
21 assistance by the division of housing and community renewal. The compen-
22 sation of such members and the costs of staff assistance shall be paid
23 by the division of housing and community renewal which shall be reim-
24 bursed in the manner prescribed in THIS section [four of this act]. The
25 local legislative body of each city having a population of less than one
26 million and each town and village in which an emergency has been deter-
27 mined to exist as herein provided shall be authorized to designate one
28 person who shall be representative of tenants and one person who shall
29 be representative of owners of property to serve at its pleasure and
30 without compensation to advise and assist the county rent guidelines
31 board in matters affecting the adjustment of rents for housing accommo-
32 dations in such city, town or village as the case may be.
33 S 2. This act shall take effect immediately and shall apply to public
34 members of rent guidelines boards appointed prior to or after the effec-
35 tive date of this act and members of rent guidelines boards other than
36 public members appointed after the effective date of this act; provided
37 that the amendment to section 4 of the emergency tenant protection act
38 of nineteen seventy-four made by section one of this act shall expire on
39 the same date as such act expires and shall not affect the expiration of
40 such act as provided in section 17 of chapter 576 of the laws of 1974,
41 as amended.
