Bill Text: NY S06691 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires that any limited liability company who files a rent registration statement shall include a list of all members of such limited liability company and each member's ownership interest.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-01-03 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S06691 Detail]

Download: New_York-2023-S06691-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6691--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                       May 5, 2023
                                       ___________

        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Housing, Construction  and
          Community  Development  -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        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 rent registration statements filed by a limited  liability
          company

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 12-a of section 4 of chapter 576  of  the  laws  of
     2  1974,  constituting  the  emergency  tenant  protection  act of nineteen
     3  seventy-four, is amended by adding a new  subdivision  b-1  to  read  as
     4  follows:
     5    b-1.  Notwithstanding any other law to the contrary, when the owner of
     6  a housing accommodation is a limited liability company and is  register-
     7  ing  such  housing  accommodation pursuant to this section, such limited
     8  liability company shall be required to include in its submission to  the
     9  state division of housing and community renewal a list of all beneficial
    10  owners  of  such  limited  liability  company and the proportion of each
    11  owner's interest in such limited liability company. The requirement  set
    12  forth by this section shall be in addition to the data required pursuant
    13  to subdivision a of this section.  For the purposes of this subdivision,
    14  "beneficial owner" shall mean an individual who, directly or indirectly,
    15  through any contract, arrangement, understanding, relationship or other-
    16  wise,  owns  any  equity  interest  of  an entity, and/or has a level of
    17  control over the funds or assets of the  entity  that,  as  a  practical
    18  matter,  enables  the  individual,  directly  or indirectly, to control,
    19  manage or direct the entity and the use of its funds and assets  or  any
    20  part thereof.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09857-03-3
        S. 6691--A                          2

     1    § 2. Section 26-517 of the administrative code of the city of New York
     2  is amended by adding a new subdivision b-1 to read as follows:
     3    b-1.  Notwithstanding any other law to the contrary, when the owner of
     4  a housing accommodation is a limited liability company and is  register-
     5  ing  such  housing  accommodation pursuant to this section, such limited
     6  liability company shall be required to include in its submission to  the
     7  state division of housing and community renewal a list of all beneficial
     8  owners of the membership interests of such limited liability company and
     9  the proportion of each direct or indirect member's ownership interest in
    10  such  limited  liability  company.  The  requirement  set  forth by this
    11  section shall be in addition to the data required pursuant  to  subdivi-
    12  sion  a of this section.  For the purposes of this subdivision, "benefi-
    13  cial owner" shall  mean  an  individual  who,  directly  or  indirectly,
    14  through any contract, arrangement, understanding, relationship or other-
    15  wise,  owns  any  equity  interest  of  an entity, and/or has a level of
    16  control over the funds or assets of the  entity  that,  as  a  practical
    17  matter,  enables  the  individual,  directly  or indirectly, to control,
    18  manage or direct the entity and the use of its funds and assets  or  any
    19  part thereof.
    20    §  3.  This act shall take effect immediately; provided, however, that
    21  the amendments to section 26-517 of chapter 4 of title 26 of the  admin-
    22  istrative  code  of the city of New York made by section two of this act
    23  shall expire on the same date as such law expires and shall  not  affect
    24  the expiration of such law as provided under section 26-520 of such law.