Bill Text: NY S04359 | 2025-2026 | 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) 2025-02-04 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S04359 Detail]

Download: New_York-2025-S04359-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4359

                               2025-2026 Regular Sessions

                    IN SENATE

                                    February 4, 2025
                                       ___________

        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 thirty-
    12  six of the laws of two thousand nineteen  [that  amended  this  section]
    13  shall  consist  of nine members appointed by the commissioner of housing
    14  and community renewal upon recommendations of the local legislative body
    15  of each city having a population of less than one  million  or  town  or
    16  village  which  has determined the existence of an emergency pursuant to
    17  section three of this act.   Such recommendation shall  be  made  within
    18  thirty  days  after  the first local declaration of an emergency in such
    19  county; two such members and one such alternate shall be  representative
    20  of  tenants,  two such members and one such alternate shall be represen-
    21  tative of owners of property, and five such members and one such  alter-
    22  nate  shall  be public [members] representatives each of whom shall have
    23  had at least five years experience in either finance, economics or hous-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08424-01-5

        S. 4359                             2

     1  ing. One public member shall be designated by the commissioner to  serve
     2  as  [chairman]  chairperson  and  shall  hold no other public office. No
     3  member, officer or employee of any municipal rent regulation  agency  or
     4  the  state  division  of housing and community renewal and no person who
     5  owns or manages real estate covered by this law or who is an officer  of
     6  any owner or tenant organization shall serve on a rent guidelines board.
     7  One  public  member, one member, the alternate representative of tenants
     8  and one member representative of owners shall serve for  a  term  ending
     9  two  years from January first next succeeding the date of their appoint-
    10  ment; one public member, one member representative of tenants,  and  one
    11  member  and the alternate representative of owners shall serve for terms
    12  ending three years from the January first next succeeding  the  date  of
    13  their  appointment  and  three  public  members and the public alternate
    14  shall serve for terms ending four years from January first next succeed-
    15  ing the dates of their appointment.  Thereafter, all members and  alter-
    16  nates  shall serve for terms of four years each.  Members and alternates
    17  shall continue in office until their successors have been appointed  and
    18  qualified.  The  commissioner  shall fill any vacancy which may occur by
    19  reason of death, resignation; or otherwise in a manner  consistent  with
    20  the  original  appointment.  A member or alternate may be removed by the
    21  commissioner for cause, but not without an opportunity to  be  heard  in
    22  person  or  by  counsel,  in [his] their defense, upon not less than ten
    23  [days] days' notice. Compensation for the members and alternates of  the
    24  board  shall  be at the rate of one hundred dollars per day, for no more
    25  than twenty days a year, except that the [chairman] chairperson shall be
    26  compensated at the rate of one hundred twenty-five dollars a day for  no
    27  more  than thirty days a year. The board shall be provided staff assist-
    28  ance by the division of housing and community renewal. The  compensation
    29  of  such  members and alternates and the costs of staff assistance shall
    30  be paid by the division of housing and community renewal, which shall be
    31  reimbursed in the manner prescribed in section [four] eight of this act.
    32  An  alternate  shall  only  participate  as  a  voting  member  in   the
    33  proceedings  of  the  board  and be paid when a member, representing the
    34  same interest as the alternate, is unable to fulfill their duties on the
    35  board.  Alternates shall be permitted to participate in all  proceedings
    36  of  the  board as non-voting members. The local legislative body of each
    37  city having a population of less than one  million  and  each  town  and
    38  village  in  which  an  emergency has been determined to exist as herein
    39  provided [shall be] is authorized to designate one person who  shall  be
    40  representative  of tenants and one person who shall be representative of
    41  owners of property to serve at its pleasure and without compensation  to
    42  advise  and assist the county rent guidelines board in matters affecting
    43  the 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 who

        S. 4359                             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] their defense, upon not less than
    19  ten [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  their duties on the board. Alternates shall be permitted to  participate
    23  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] their powers and duties [he
    30  or she] they shall have the authority to employ, assign,  and  supervise
    31  the  employees of the rent guidelines board and enter into contracts for
    32  consultant services.  The department of housing preservation and  devel-
    33  opment  shall  cooperate  with  the rent guidelines board and may assign
    34  personnel and perform such services in connection with the duties of the
    35  rent guidelines board as may reasonably be required  by  the  [chairman]
    36  chairperson.
    37    §  3.  This act shall take effect immediately provided that the amend-
    38  ment to section 26-510 of the rent stabilization law of nineteen hundred
    39  sixty-nine made by section two of this act shall expire on the same date
    40  as such law expires and shall not affect the expiration of such  law  as
    41  provided under section 26-520 of such law.
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