S00741 Summary:

BILL NOS00741B
 
SAME ASSAME AS A06394-B
 
SPONSORSQUADRON
 
COSPNSRAVELLA, DIAZ, KRUEGER
 
MLTSPNSR
 
Amd S26-510, NYC Ad Cd; amd S4, Emerg Ten Prot Act of 1974
 
Relates to the appointment and qualifications of members of rent boards.
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S00741 Actions:

BILL NOS00741B
 
01/05/2011REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
01/04/2012REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
01/31/2012AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
01/31/2012PRINT NUMBER 741A
04/18/2012AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
04/18/2012PRINT NUMBER 741B
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S00741 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         741--B
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 5, 2011
                                       ___________
 
        Introduced  by  Sens.  SQUADRON, AVELLA, DIAZ, KRUEGER -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Housing,  Construction and Community Development -- recommitted to the
          Committee  on  Housing,  Construction  and  Community  Development  in

          accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
          amended and recommitted to said committee
 
        AN ACT to amend the administrative code of the city of New York and  the
          emergency  tenant protection act of nineteen seventy-four, in relation
          to the establishment of rent 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 26-510 of the administrative code
     2  of the city of New York is amended to read as follows:
     3    a. There shall be a rent guidelines board to consist of nine  members,
     4  appointed  by the mayor upon the advice and consent of the city council.

     5  Two members shall be representative of tenants, two shall  be  represen-
     6  tative  of owners of property, and five shall be public members [each of
     7  whom]. Each of the public members shall have had  at  least  five  years
     8  experience  in [either] public service, social services, urban planning,
     9  social sciences, finance, economics or housing. One public member  shall
    10  be designated by the mayor upon the advice and consent of the city coun-
    11  cil  to serve as [chairman] chair and shall hold no other public office.
    12  No member, officer or employee of any municipal rent  regulation  agency
    13  or the state division of housing and community renewal and no person who
    14  owns  or  manages  real  estate covered by this law or who [is] receives

    15  compensation as an officer of any owner  or  tenant  organization  shall
    16  serve  on  a rent guidelines board. One public member, one member repre-
    17  sentative of tenants and one member representative of owners shall serve
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01809-05-2

        S. 741--B                           2
 
     1  for a term ending two years from January first next succeeding the  date
     2  of  their  appointment;  one public member, one member representative of
     3  tenants and one member representative of owners shall  serve  for  terms
     4  ending  three  years  from the January first next succeeding the date of

     5  their appointment and two public members shall serve  for  terms  ending
     6  four  years  from  January  first  next  succeeding  the  dates of their
     7  appointment. [The chairman shall serve at the pleasure  of  the  mayor.]
     8  Thereafter,  all members shall continue in office until their successors
     9  have been appointed and qualified. The mayor upon the advice and consent
    10  of the city council shall fill any vacancy which may occur by reason  of
    11  death,  resignation  or  otherwise  in  a  manner  consistent  with  the
    12  [original appointment] provisions of this subdivision. A member  may  be
    13  removed  by  the  mayor  or  city  council for cause, but not without an
    14  opportunity to be heard in person or by counsel, in his or her  defense,
    15  upon  not less than ten days notice. A successor to such member shall be

    16  appointed in accordance with the provisions of this subdivision to serve
    17  the balance of the term of the member who was removed.
    18    § 2. Subdivision a of section 4 of section 4 of  chapter  576  of  the
    19  laws  of 1974, constituting the emergency tenant protection act of nine-
    20  teen seventy-four, as amended by chapter 349 of the  laws  of  1979,  is
    21  amended to read as follows:
    22    a.  In  each  county wherein any city having a population of less than
    23  one million or any town or village has determined the  existence  of  an
    24  emergency  pursuant to section three of this act, there shall be created
    25  a rent guidelines board to consist of  nine  members  appointed  by  the
    26  commissioner of housing and community renewal upon recommendation of the
    27  county legislature which recommendation shall be made within thirty days

    28  after  the  first  local declaration of an emergency in such county; two
    29  such members shall be representative of tenants, two shall be  represen-
    30  tative  of owners of property, and five shall be public members [each of
    31  whom]. Each of the public members shall have had  at  least  five  years
    32  experience  in [either] public service, social services, urban planning,
    33  social sciences, finance, economics or housing. One public member  shall
    34  be designated by the commissioner to serve as [chairman] chair and shall
    35  hold  no  other  public  office.  No  member, officer or employee of any
    36  municipal rent regulation agency or the state division  of  housing  and
    37  community  renewal and no person who owns or manages real estate covered

    38  by this law or who is an officer of any  owner  or  tenant  organization
    39  shall  serve  on  a rent guidelines board. One public member, one member
    40  representative of tenants and one member representative of owners  shall
    41  serve for a term ending two years from January first next succeeding the
    42  date  of their appointment; one public member, one member representative
    43  of tenants and one member representative of owners shall serve for terms
    44  ending three years from the January first next succeeding  the  date  of
    45  their  appointment and three public members shall serve for terms ending
    46  four years from  January  first  next  succeeding  the  dates  of  their
    47  appointment.    Thereafter,  all  members  shall serve for terms of four
    48  years each.  Members shall continue in  office  until  their  successors
    49  have  been  appointed  and  qualified.  The  commissioner shall fill any

    50  vacancy which may occur by reason of death, resignation or otherwise  in
    51  a  manner  consistent with the [original appointment] provisions of this
    52  subdivision. A member may be removed by the commissioner for cause,  but
    53  not  without  an opportunity to be heard in person or by counsel, in his
    54  defense, upon not less than ten days notice. A successor to such  member
    55  shall be appointed in accordance with the provisions of this subdivision
    56  to  serve the balance of the term of the member who was removed. Compen-

        S. 741--B                           3
 
     1  sation for the members of the board shall be at the rate of one  hundred
     2  dollars  per  day,  for no more than twenty days a year, except that the

     3  [chairman] chair shall be compensated at the rate of one  hundred  twen-
     4  ty-five  dollars  a  day  for no more than thirty days a year. The board
     5  shall be provided staff assistance by the division of housing and commu-
     6  nity renewal. The compensation of such members and the  costs  of  staff
     7  assistance  shall  be  paid  by  the  division  of housing and community
     8  renewal which shall be reimbursed in the manner  prescribed  in  section
     9  four of this act. The local legislative body of each city having a popu-
    10  lation  of  less  than one million and each town and village in which an
    11  emergency has been determined to  exist  as  herein  provided  shall  be
    12  authorized  to  designate  one  person  who  shall  be representative of
    13  tenants and one person who shall be representative of owners of property
    14  to serve at its pleasure and without compensation to advise  and  assist

    15  the  county rent guidelines board in matters affecting the adjustment of
    16  rents for housing accommodations in such city, town or  village  as  the
    17  case may be.
    18    § 3. This act shall take effect immediately; provided that:
    19    (a)  the amendments to section 26-510 of the rent stabilization law of
    20  nineteen hundred sixty-nine made by section one of this act shall expire
    21  on the same date as such law expires and shall not affect the expiration
    22  of such law as provided under section 26-520 of such law;
    23    (b) the amendments to section 4 of the emergency tenant protection act
    24  of nineteen seventy-four made by section two of this act shall expire on
    25  the same date as such act expires and shall not affect the expiration of
    26  such act as provided in section 17 of chapter 576 of the laws of 1974;
    27    (c) the rent boards as reconstituted pursuant to  this  act  shall  be

    28  appointed  and confirmed within forty-five days after the effective date
    29  of this act; and
    30    (d) upon the appointment of a rent board pursuant to the provisions of
    31  this act, any existing predecessor rent board  shall  be  dissolved  and
    32  such predecessor rent board shall have no further authority.
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