S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8212

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 7, 2009
                               ___________

Introduced  by M. of A. KOLB, BURLING, CALHOUN, ERRIGO, RAIA, TEDISCO --
  Multi-Sponsored by -- M. of A. BARCLAY, CROUCH, OAKS, SAYWARD --  read
  once and referred to the Committee on Housing

AN  ACT to amend the emergency housing rent control law, the administra-
  tive code of the city of New York, the emergency tenant protection act
  of nineteen seventy-four and the tax law, in relation  to  eliminating
  rent  regulation protections for certain high income tenants; to amend
  the emergency housing rent control law, the  local  emergency  housing
  rent  control  act,  the  emergency  tenant protection act of nineteen
  seventy-four and the administrative code of the city of New  York,  in
  relation  to  the  de-regulation  of  rent-stabilized housing accommo-
  dations upon vacancy and to repeal certain provisions of the emergency
  housing rent control law, the administrative code of the city  of  New
  York  and the emergency tenant protection act of nineteen seventy-four
  relating to eliminating rent regulation protections for  certain  high
  income tenants

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (m) of subdivision 2 of section 2 of chapter  274
of  the  laws  of  1946, constituting the emergency housing rent control
law, as amended by chapter 116 of the laws of 1997, is amended  to  read
as follows:
  (m)  upon the issuance of an order of decontrol by the division, hous-
ing accommodations which[: (1)] are occupied by persons who have a total
annual income in excess of one hundred [seventy-five] TWENTY-FIVE  thou-
sand  dollars in each of the two preceding calendar years, as defined in
and subject to the limitations and process set forth in section two-a of
this law[; and (2) have a maximum rent of two thousand dollars  or  more
per month].

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11497-01-9

A. 8212                             2
              

  S 2. Paragraph (n) of subdivision 2 of section 2 of chapter 274 of the
laws  of  1946  constituting  the  emergency housing rent control law is
REPEALED.
  S  3. Section 2-a of chapter 274 of the laws of 1946, constituting the
emergency housing rent control law, as added by chapter 253 of the  laws
of  1993,  subdivision  (b),  paragraphs  1  and 2 of subdivision (c) as
amended and subdivision (e) as added by chapter 116 of the laws of 1997,
is amended to read as follows:
  S 2-a. (a) For purposes of this section, annual income shall mean  the
federal [adjusted] gross income as reported on the New York state income
tax  return.  Total annual income means the sum of the annual incomes of
all persons who occupy the housing accommodation as their primary  resi-
dence  on other than a temporary basis, excluding bona fide employees of
such occupants residing therein in connection with such  employment  and
excluding  bona  fide subtenants in occupancy pursuant to the provisions
of section two hundred twenty-six-b of the real  property  law.  In  the
case  where  a housing accommodation is sublet, the annual income of the
sublessor shall be considered.
  (b) On or before the first day of May in each calendar year, the owner
of each housing accommodation [for which the maximum rent is  two  thou-
sand dollars or more per month] WHICH IS OCCUPIED BY A TENANT OR TENANTS
WHOM  THE  OWNER  IN  GOOD  FAITH  BELIEVES HAS A TOTAL ANNUAL INCOME IN
EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS IN EACH  OF  THE  TWO
PRECEDING  CALENDAR  YEARS  may  provide  the tenant or tenants residing
therein with an income certification form prepared by  the  division  of
housing  and  community  renewal  on  which such tenant or tenants shall
identify all persons referred to in subdivision (a) of this section  and
shall  certify  whether  the  total  annual  income  is in excess of one
hundred [seventy-five] TWENTY-FIVE thousand dollars in each of  the  two
preceding  calendar  years.  Such  income certification form shall state
that the income level certified to by  the  tenant  may  be  subject  to
verification  by  the  department  of  taxation  and finance pursuant to
section one hundred seventy-one-b of the tax law and shall  not  require
disclosure  of  any  income information other than whether the aforemen-
tioned threshold has been exceeded. Such income certification form shall
clearly state that: (i) [only tenants residing in housing accommodations
which had a maximum rent of two thousand dollars or more per  month  are
required  to  complete  the  certification form; (ii) that] tenants have
protections available to them which are designed to prevent  harassment;
[(iii)  that]  (II)  tenants are not required to provide any information
regarding their income except that which is requested on  the  form  and
may  contain  such other information the division deems appropriate. The
tenant or tenants shall return the completed certification to the  owner
within  thirty  days  after  service  upon the tenant or tenants. In the
event that the total annual income as certified  is  in  excess  of  one
hundred  [seventy-five]  TWENTY-FIVE thousand dollars in each such year,
the owner may file the certification with the state division of  housing
and  community  renewal  on  or before June thirtieth of such year. Upon
filing such certification with the division, the division shall,  within
thirty days after the filing, issue an order of decontrol providing that
such  housing  accommodations  shall not be subject to the provisions of
this law as of the first day of June in the  year  next  succeeding  the
filing of the certification by the owner.  A copy of such order shall be
mailed  by  regular and certified mail, return receipt requested, to the
tenant or tenants and a copy thereof shall be mailed to the owner.

A. 8212                             3

  (c) 1.  In the event that the tenant or tenants either fail to  return
the  completed certification to the owner on or before the date required
by subdivision (b) of this section or the  owner  disputes  the  certif-
ication  returned  by the tenant or tenants, the owner may, on or before
June  thirtieth of such year, petition the state division of housing and
community renewal to verify, pursuant to section  one  hundred  seventy-
one-b  of  the  tax  law,  whether  the  total annual income exceeds one
hundred [seventy-five] TWENTY-FIVE thousand dollars in each of  the  two
preceding  calendar  years.  Within twenty days after the filing of such
request with the division, the  division  shall  notify  the  tenant  or
tenants  that such tenant or tenants must provide the division with such
information as the division and the department of taxation  and  finance
shall  require  to  verify  whether  the total annual income exceeds one
hundred [seventy-five] TWENTY-FIVE thousand dollars in each  such  year.
The  division's  notification  shall  require  the  tenant or tenants to
provide the information to the division within  sixty  days  of  service
upon  such  tenant  or tenants and shall include a warning in bold faced
type that failure to respond will result in an order of decontrol  being
issued by the division for such housing accommodation.
  2. If the department of taxation and finance determines that the total
annual  income  is  in  excess of one hundred [seventy-five] TWENTY-FIVE
thousand dollars in each of the two preceding calendar years, the  divi-
sion  shall,  on  or  before November fifteenth of such year, notify the
owner and tenants of the results of such verification.  Both  the  owner
and  the  tenants shall have thirty days within which to comment on such
verification results.  Within forty-five days after  the  expiration  of
the  comment  period,  the  division  shall, where appropriate, issue an
order of decontrol providing that such housing accommodation  shall  not
be subject to the provisions of this law as of the first day of March in
the  year  next  succeeding  the filing of the owner's petition with the
division. A copy of such order shall be mailed by regular and  certified
mail,  return  receipt  requested,  to  the tenant or tenants and a copy
thereof shall be sent to the owner.   WHERE THE DEPARTMENT  OF  TAXATION
AND FINANCE IS UNABLE TO DETERMINE, BASED UPON THE INFORMATION CONTAINED
IN  THE  INFORMATION  PROVIDED  BY  THE TENANT, WHETHER THE TOTAL ANNUAL
INCOME IS IN EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS IN  EACH
OF THE TWO PRECEDING CALENDAR YEARS, IT SHALL BE PRESUMED THAT THE TOTAL
ANNUAL  INCOME  OF  SUCH  TENANT IS IN EXCESS OF ONE HUNDRED TWENTY-FIVE
THOUSAND DOLLARS IN EACH OF THE TWO PRECEDING  CALENDAR  YEARS  AND  THE
PROCEDURES OF THIS PARAGRAPH SHALL APPLY TO SUCH TENANT. THE DIVISION OF
HOUSING  AND  COMMUNITY  RENEWAL  SHALL PROMULGATE REGULATIONS WHICH SET
FORTH THE MANNER IN WHICH SUCH TENANT MAY REBUT SUCH PRESUMPTION.
  3. In the event the tenant or tenants fail to provide the  information
required  pursuant  to  paragraph  one of this subdivision, the division
shall issue, on or before December first  of  such  year,  an  order  of
decontrol providing that such housing accommodation shall not be subject
to  the  provisions of this law as of the first day of March in the year
next succeeding the last  day  on  which  the  tenant  or  tenants  were
required  to  provide the information required by such paragraph. A copy
of such order shall be mailed by  regular  and  certified  mail,  return
receipt  requested, to the tenant or tenants and a copy thereof shall be
sent to the owner.
  4. The provisions of the state freedom of information  act  shall  not
apply  to  any  income  information obtained by the division pursuant to
this section.

A. 8212                             4

  (d) This section shall apply only to paragraph (m) of subdivision  two
of section two of this law.
  (e)  Upon receipt of such order of decontrol pursuant to this section,
an owner shall offer the housing accommodation subject to such order  to
the  tenant  at  a  rent not in excess of the market rent, which for the
purposes of this section means a rent  obtainable  in  an  arm's  length
transaction.  Such rental offer shall be made by the owner in writing to
the tenant by certified and regular mail and  shall  inform  the  tenant
that  such offer must be accepted in writing within ten days of receipt.
The tenant shall respond within ten days after receipt of such offer. If
the tenant declines the offer or fails to respond  within  such  period,
the  owner may commence an action or proceeding for the eviction of such
tenant.
  S 4. Subparagraph (j) of paragraph  2  of  subdivision  e  of  section
26-403 of the administrative code of the city of New York, as amended by
chapter 116 of the laws of 1997, is amended to read as follows:
  (j)  Upon the issuance of an order of decontrol by the division, hous-
ing accommodations which[: (1)] are occupied by persons who have a total
annual income in excess of one hundred [seventy-five] TWENTY-FIVE  thou-
sand  dollars  per annum in each of the two preceding calendar years, as
defined in and subject to the  limitations  and  process  set  forth  in
section  26-403.1  of  this chapter[; and (2) have a maximum rent of two
thousand dollars or more per month].  Provided however, that this exclu-
sion shall not apply to housing accommodations which  became  or  become
subject  to  this  law  by  virtue of receiving tax benefits pursuant to
section four hundred eighty-nine of the real property tax law.
  S 5. Subparagraph (k) of paragraph  2  of  subdivision  e  of  section
26-403 of the administrative code of the city of New York is REPEALED.
  S  6.  Section  26-403.1 of the administrative code of the city of New
York, as added by chapter 253 of the laws of 1993, subdivision  (b)  and
paragraphs  1 and 2 of subdivision (c) as amended and subdivision (e) as
added by chapter 116 of the laws of 1997, is amended to read as follows:
  S 26-403.1 High income  rent  decontrol.  (a)  For  purposes  of  this
section, annual income shall mean the federal [adjusted] gross income as
reported  on  the  New York state income tax return. Total annual income
means the sum of the annual incomes of all persons who occupy the  hous-
ing  accommodation  as their primary residence other than on a temporary
basis, excluding bona fide employees of such occupants residing  therein
in connection with such employment and excluding bona fide subtenants in
occupancy   pursuant   to   the  provisions  of    section  two  hundred
twenty-six-b of the real property law.  In  the  case  where  a  housing
accommodation  is  sublet,  the  annual income of the sublessor shall be
considered.
  (b) On or before the first day of May in each calendar year, the owner
of each housing accommodation [for which the maximum rent is  two  thou-
sand dollars or more per month] WHICH IS OCCUPIED BY A TENANT OR TENANTS
WHOM  THE  OWNER  IN  GOOD  FAITH  BELIEVES HAS A TOTAL ANNUAL INCOME IN
EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS IN EACH  OF  THE  TWO
PRECEDING  CALENDAR  YEARS  may  provide  the tenant or tenants residing
therein with an income certification form prepared by  the  division  of
housing  and  community  renewal  on  which such tenant or tenants shall
identify all persons referred to in subdivision (a) of this section  and
shall  certify  whether  the  total  annual  income  is in excess of one
hundred [seventy-five] TWENTY-FIVE thousand dollars in each of  the  two
preceding  calendar  years.   Such income certification form shall state
that the income level certified to by  the  tenant  may  be  subject  to

A. 8212                             5

verification  by  the  department  of  taxation  and finance pursuant to
section one hundred seventy-one-b of the tax law and shall  not  require
disclosure  of  any  income information other than whether the aforemen-
tioned  threshold  has  been  exceeded.   Such income certification form
shall clearly state that: (i) [only tenants residing in housing accommo-
dations which have a maximum rent of two thousand dollars  or  more  per
month  are  required  to  complete  the  certification  form; (ii) that]
tenants have protections available to them which are designed to prevent
harassment; [(iii) that] (II) tenants are not required  to  provide  any
information regarding their income except that which is requested on the
form and may contain such other information the division deems appropri-
ate.  The  tenant or tenants shall return the completed certification to
the owner within thirty days after service upon the tenant  or  tenants.
In  the  event that the total annual income as certified is in excess of
one hundred [seventy-five] TWENTY-FIVE thousand  dollars  in  each  such
year,  the  owner  may file the certification with the state division of
housing and community renewal on or before June thirtieth of such  year.
Upon  filing  such  certification with the division, the division shall,
within thirty days after the filing, issue an order of decontrol provid-
ing that such  housing  accommodations  shall  not  be  subject  to  the
provisions  of  this  law  as  of the first day of June in the year next
succeeding the filing of the certification by the owner. A copy of  such
order  shall  be  mailed  by  regular and certified mail, return receipt
requested, to the tenant or tenants and a copy thereof shall  be  mailed
to the owner.
  (c)  1.  In the event that the tenant or tenants either fail to return
the completed certification to the owner on or before the  date required
by subdivision (b) of this section or the  owner  disputes  the  certif-
ication  returned  by the tenant or tenants, the owner may, on or before
June thirtieth of such year, petition the state division of housing  and
community  renewal  to  verify, pursuant to section one hundred seventy-
one-b of the tax law,  whether  the  total  annual  income  exceeds  one
hundred  [seventy-five]  TWENTY-FIVE thousand dollars in each of the two
preceding calendar years. Within twenty days after the  filing  of  such
request  with  the  division,  the  division  shall notify the tenant or
tenants that such tenant or tenants must provide the division with  such
information  as  the division and the department of taxation and finance
shall require to verify whether the  total  annual  income  exceeds  one
hundred  [seventy-five]  TWENTY-FIVE thousand dollars in each such year.
The division's notification shall  require  the  tenant  or  tenants  to
provide  the  information  to  the division within sixty days of service
upon such tenant or tenants and shall include a warning  in  bold  faced
type  that failure to respond will result in an order of decontrol being
issued by the division for such housing accommodation.
  2. If the department of taxation and finance determines that the total
annual income is in excess of  one  hundred  [seventy-five]  TWENTY-FIVE
thousand  dollars in each of the two preceding calendar years, the divi-
sion shall, on or before November fifteenth of  such  year,  notify  the
owner  and  tenants  of the results of such verification. Both the owner
and the tenants shall have thirty days within which to comment  on  such
verification results. Within forty-five days after the expiration of the
comment period, the division shall, where appropriate, issue an order of
decontrol providing that such housing accommodation shall not be subject
to  the  provisions of this law as of the first day of March in the year
next succeeding the filing of the owner's petition with the division.  A
copy of such order shall be mailed by regular and certified mail, return

A. 8212                             6

receipt  requested, to the tenant or tenants and a copy thereof shall be
sent to the owner.   WHERE THE DEPARTMENT OF  TAXATION  AND  FINANCE  IS
UNABLE  TO DETERMINE, BASED UPON THE INFORMATION CONTAINED IN THE INFOR-
MATION  PROVIDED  BY  THE  TENANT, WHETHER THE TOTAL ANNUAL INCOME IS IN
EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS IN EACH  OF  THE  TWO
PRECEDING  CALENDAR  YEARS,  IT  SHALL BE PRESUMED THAT THE TOTAL ANNUAL
INCOME OF SUCH TENANT IS IN EXCESS OF ONE HUNDRED  TWENTY-FIVE  THOUSAND
DOLLARS  IN  EACH OF THE TWO PRECEDING CALENDAR YEARS AND THE PROCEDURES
OF THIS PARAGRAPH SHALL APPLY TO SUCH TENANT. THE  DIVISION  OF  HOUSING
AND  COMMUNITY  RENEWAL SHALL PROMULGATE REGULATIONS WHICH SET FORTH THE
MANNER IN WHICH SUCH TENANT MAY REBUT SUCH PRESUMPTION.
  3. In the event the tenant or tenants fail to provide the  information
required  pursuant  to  paragraph  one of this subdivision, the division
shall issue, on or before December first  of  such  year,  an  order  of
decontrol providing that such housing accommodation shall not be subject
to  the  provisions of this law as of the first day of March in the year
next succeeding the last  day  on  which  the  tenant  or  tenants  were
required  to  provide the information required by such paragraph. A copy
of such order shall be mailed by  regular  and  certified  mail,  return
receipt  requested, to the tenant or tenants and a copy thereof shall be
sent to the owner.
  4. The provisions of the state freedom of information  act  shall  not
apply  to  any  income  information obtained by the division pursuant to
this section.
  (d) This section shall apply only to subparagraph (j) of paragraph two
of subdivision e of section 26-403 of this code.
  (e) Upon receipt of such order of decontrol pursuant to this  section,
an  owner shall offer the housing accommodation subject to such order to
the tenant at a rent not in excess of the market  rent,  which  for  the
purposes  of  this  section  means  a rent obtainable in an arm's length
transaction. Such rental offer shall be made by the owner in writing  to
the  tenant  by  certified  and regular mail and shall inform the tenant
that such offer must be accepted in writing within ten days of  receipt.
The tenant shall respond within ten days after receipt of such offer. If
the  tenant  declines  the offer or fails to respond within such period,
the owner may commence an action or proceeding for the eviction of  such
tenant.
  S  7. Paragraph 12 of subdivision a of section 5 of section 4 of chap-
ter 576 of the laws of 1974 constituting the emergency tenant protection
act of nineteen seventy-four, as amended by chapter 116 of the  laws  of
1997, is amended to read as follows:
  (12) upon issuance of an order by the division, housing accommodations
which  are[:  (1)] occupied by persons who have a total annual income in
excess of one hundred [seventy-five] TWENTY-FIVE  thousand  dollars  per
annum  in  each  of  the two preceding calendar years, as defined in and
subject to the limitations and process set forth in  section  five-a  of
this  act[;  and (2) have a legal regulated rent of two thousand dollars
or more per month].   Provided however, that this  exclusion  shall  not
apply  to  housing accommodations which became or become subject to this
act (a) by virtue of receiving tax benefits  pursuant  to  section  four
hundred  twenty-one-a  or  four hundred eighty-nine of the real property
tax law, except as otherwise provided in subparagraph (i)  of  paragraph
(f)  of subdivision two of section four hundred twenty-one-a of the real
property tax law, or (b) by virtue of article seven-C  of  the  multiple
dwelling law.

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  S  8. Paragraph 13 of subdivision a of section 5 of section 4 of chap-
ter 576 of the laws of 1974 constituting the emergency tenant protection
act of nineteen seventy-four is REPEALED.
  S  9.  Section  5-a  of  section 4 of chapter 576 of the laws of 1974,
constituting the emergency tenant protection act  of  nineteen  seventy-
four,  as  added by chapter 253 of the laws of 1993, subdivision (b) and
paragraphs 1 and 2 of subdivision (c) as amended and subdivision (e)  as
added by chapter 116 of the laws of 1997, is amended to read as follows:
  S  5-a.  High income rent decontrol. (a) For purposes of this section,
annual income shall mean the federal [adjusted] gross income as reported
on the New York state income tax return. Total annual income  means  the
sum  of the annual incomes of all persons whose names are recited as the
tenant or co-tenant on a lease who occupy the housing accommodation  and
all other persons that occupy the housing accommodation as their primary
residence on other than a temporary basis, excluding bona fide employees
of  such  occupants  residing therein in connection with such employment
and  excluding  bona  fide  subtenants  in  occupancy  pursuant  to  the
provisions of section two hundred twenty-six-b of the real property law.
In  the  case where a housing accommodation is sublet, the annual income
of the tenant or co-tenant recited on the lease who  will  reoccupy  the
housing  accommodation  upon  the  expiration  of  the sublease shall be
considered.
  (b) On or before the first day of May in each calendar year, the owner
of each housing accommodation [for which the legal regulated rent is two
thousand dollars or more per month] WHICH IS OCCUPIED  BY  A  TENANT  OR
TENANTS  WHOM THE OWNER IN GOOD FAITH BELIEVES HAS A TOTAL ANNUAL INCOME
IN EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS IN EACH OF THE TWO
PRECEDING CALENDAR YEARS may provide  the  tenant  or  tenants  residing
therein  with  an  income certification form prepared by the division of
housing and community renewal on which  such  tenant  or  tenants  shall
identify  all persons referred to in subdivision (a) of this section and
shall certify whether the total  annual  income  is  in  excess  of  one
hundred  [seventy-five]  TWENTY-FIVE thousand dollars in each of the two
preceding calendar years. Such income  certification  form  shall  state
that  the  income  level  certified  to  by the tenant may be subject to
verification by the department  of  taxation  and  finance  pursuant  to
section one hundred seventy-one-b of the tax law,  and shall not require
disclosure  of  any  information  other  than whether the aforementioned
threshold has been exceeded.    Such  income  certification  form  shall
clearly state that: (i) [only tenants residing in housing accommodations
which  had  a  legal  regulated rent of two thousand dollars or more per
month are required  to  complete  the  certification  form;  (ii)  that]
tenants have protections available to them which are designed to prevent
harassment;  [(iii)  that]  (II) tenants are not required to provide any
information regarding their income except that which is requested on the
form and may contain such other information the division deems appropri-
ate.  The tenant or tenants shall return the completed certification  to
the  owner  within thirty days after service upon the tenant or tenants.
In the event that the total annual income as certified is in  excess  of
one  hundred  [seventy-five]  TWENTY-FIVE  thousand dollars in each such
year, the owner may file the certification with the  state  division  of
housing  and community renewal on or before June thirtieth of such year.
Upon filing such certification with the division,  the  division  shall,
within  thirty days after the filing, issue an order providing that such
housing accommodation shall not be subject to the provisions of this act
upon the expiration of the existing lease.  A copy of such  order  shall

A. 8212                             8

be  mailed  by  regular and certified mail, return receipt requested, to
the tenant or tenants and a copy thereof shall be mailed to the owner.
  (c)  1.  In the event that the tenant or tenants either fail to return
the completed certification to the owner on or before the date  required
by  subdivision  (b)  of  this section or the owner disputes the certif-
ication returned by the tenant or tenants, the owner may, on  or  before
June  thirtieth of such year, petition the state division of housing and
community renewal to verify, pursuant to section  one  hundred  seventy-
one-b  of  the  tax  law,  whether  the  total annual income exceeds one
hundred [seventy-five] TWENTY-FIVE thousand dollars in each of  the  two
preceding  calendar  years.  Within twenty days after the filing of such
request with the division, the  division  shall  notify  the  tenant  or
tenants  that such tenant or tenants named on the lease must provide the
division with such information as the division  and  the  department  of
taxation  and  finance  shall require to verify whether the total annual
income exceeds one hundred [seventy-five] TWENTY-FIVE  thousand  dollars
in  each such year. The division's notification shall require the tenant
or tenants to provide the information to the division within sixty  days
of  service  upon  such tenant or tenants and shall include a warning in
bold faced type that failure to respond will result in  an  order  being
issued  by the division providing that such housing accommodations shall
not be subject to the provisions of this act.
  2. If the department of taxation and finance determines that the total
annual income is in excess of  one  hundred  [seventy-five]  TWENTY-FIVE
thousand  dollars in each of the two preceding calendar years, the divi-
sion shall, on or before November fifteenth of  such  year,  notify  the
owner  and  tenants  of the results of such verification. Both the owner
and the tenants shall have thirty days within which to comment  on  such
verification results. Within forty-five days after the expiration of the
comment  period,  the  division shall, where appropriate, issue an order
providing that such housing accommodation shall not be  subject  to  the
provisions  of this act upon expiration of the existing lease. A copy of
such order shall be mailed by regular and certified mail, return receipt
requested, to the tenant or tenants and a copy thereof shall be sent  to
the  owner.    WHERE THE DEPARTMENT OF TAXATION AND FINANCE IS UNABLE TO
DETERMINE, BASED UPON  THE  INFORMATION  CONTAINED  IN  THE  INFORMATION
PROVIDED  BY THE TENANT, WHETHER THE TOTAL ANNUAL INCOME IS IN EXCESS OF
ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS IN EACH OF  THE  TWO  PRECEDING
CALENDAR  YEARS,  IT  SHALL  BE PRESUMED THAT THE TOTAL ANNUAL INCOME OF
SUCH TENANT IS IN EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS  IN
EACH  OF  THE  TWO  PRECEDING  CALENDAR YEARS AND THE PROCEDURES OF THIS
PARAGRAPH SHALL APPLY TO SUCH TENANT. THE DIVISION OF HOUSING AND COMMU-
NITY RENEWAL SHALL PROMULGATE REGULATIONS WHICH SET FORTH THE MANNER  IN
WHICH SUCH TENANT MAY REBUT SUCH PRESUMPTION.
  3.  In the event the tenant or tenants fail to provide the information
required pursuant to paragraph one of  this  subdivision,  the  division
shall  issue, on or before December first of such year, an order provid-
ing that  such  housing  accommodation  shall  not  be  subject  to  the
provisions  of this act upon the expiration [or] OF the current lease. A
copy of such order shall be mailed by regular and certified mail, return
receipt requested, to the tenant or tenants and a copy thereof shall  be
sent to the owner.
  4.  The  provisions  of the state freedom of information act shall not
apply to any income information obtained by  the  division  pursuant  to
this section.

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  (d) This section shall apply only to paragraph twelve of subdivision a
of section five of this act.
  (e)  Upon receipt of such order of decontrol pursuant to this section,
an owner shall offer the housing accommodation subject to such order  to
the  tenant  at  a  rent not in excess of the market rent, which for the
purposes of this section means a rent  obtainable  in  an  arm's  length
transaction.  Such rental offer shall be made by the owner in writing to
the tenant by certified and regular mail and  shall  inform  the  tenant
that  such offer must be accepted in writing within ten days of receipt.
The tenant shall respond within ten days after receipt of such offer. If
the tenant declines the offer or fails to respond  within  such  period,
the  owner may commence an action or proceeding for the eviction of such
tenant.
  S 10. Paragraph (b) of subdivision 3 of section 171-b of the tax  law,
as  amended  by  chapter  116 of the laws of 1997, is amended to read as
follows:
  (b) The department, when requested by  the  division  of  housing  and
community  renewal,  shall verify the total annual income of all persons
residing in housing accommodations as their primary residence subject to
rent regulation and shall notify the commissioner  of  the  division  of
housing  and  community  renewal as may be appropriate whether the total
annual income exceeds one hundred  [seventy-five]  TWENTY-FIVE  thousand
dollars  per annum in each of the two preceding calendar years. No other
information regarding  the  annual  income  of  such  persons  shall  be
provided.
  S  11.  Paragraph  (i) of subdivision 2 of section 2 of chapter 274 of
the laws of 1946, constituting the emergency housing rent  control  law,
as  amended  by  chapter  576 of the laws of 1974, is amended to read as
follows:
  (i) housing accommodations which  become  vacant  ON  AND  AFTER  JUNE
SIXTEENTH,  TWO  THOUSAND  TEN,  provided,  however, that this exemption
shall not apply or become effective where the commission  determines  or
finds that the housing accommodations became vacant because the landlord
or  any  person acting on his behalf, with intent to cause the tenant to
vacate, engaged in any course of conduct (including, but not limited to,
interruption or discontinuance of essential services)  which  interfered
with  or  disturbed  or  was  intended  to interfere with or disturb the
comfort, repose, peace or quiet of the tenant in his use or occupancy of
the housing accommodations; [and further provided that housing  accommo-
dations  as  to  which a housing emergency has been declared pursuant to
the emergency tenant protection act of nineteen  seventy-four  shall  be
subject  to the provisions of such act for the duration of such emergen-
cy;] or
  S 12. The second undesignated paragraph of subdivision 5 of section  1
of  chapter  21  of  the  laws of 1962, constituting the local emergency
housing rent control act, as amended by chapter 82 of the laws of  2003,
is amended to read as follows:
  Notwithstanding  any  local  law  or ordinance, housing accommodations
which [became] BECOME vacant on or after [July first,  nineteen  hundred
seventy-one  or which hereafter become vacant] JUNE SIXTEENTH, TWO THOU-
SAND TEN shall be [subject to the provisions  of  the  emergency  tenant
protection  act  of  nineteen  seventy-four]  EXEMPT FROM REGULATION AND
CONTROL, provided, however, that this [provision]  EXEMPTION  shall  not
apply  or become effective with respect to housing accommodations which,
by local law or ordinance, are made directly subject to  regulation  and
control  by  a  city  housing  rent agency and such agency determines or

A. 8212                            10

finds that the housing accommodations became vacant because the landlord
or any person acting on his behalf, with intent to cause the  tenant  to
vacate,  engaged in any course of conduct (including but not limited to,
interruption  or  discontinuance of essential services) which interfered
with or disturbed or was intended  to  interfere  with  or  disturb  the
comfort, repose, peace or quiet of the tenant in his use or occupancy of
the  housing  accommodations.  The  removal of any housing accommodation
from regulation and control of rents pursuant to the  vacancy  exemption
provided  for  in  this  paragraph  shall not constitute or operate as a
ground for the subjection to more stringent regulation  and  control  of
any  housing  accommodation  in  such  property or in any other property
owned by the same landlord, notwithstanding any prior agreement  to  the
contrary  by  the  landlord.  The vacancy exemption provided for in this
paragraph shall not arise with respect to any rented plot or  parcel  of
land  otherwise  subject  to  the provisions of this act, by reason of a
transfer of title and possession occurring on or after July first, nine-
teen hundred seventy-one of a dwelling located on such  plot  or  parcel
and  owned  by the tenant where such transfer of title and possession is
made to a member of the tenant's  immediate  family  provided  that  the
member  of  the tenant's immediate family occupies the dwelling with the
tenant prior to the transfer of title and possession  for  a  continuous
period of two years.
  S  13.  Paragraph  (h) of subdivision 10 of section 1 of chapter 21 of
the laws of 1962, constituting the local emergency housing rent  control
act,  as  amended by chapter 576 of the laws of 1974, is amended to read
as follows:
  (h) Any tenant who has vacated his housing accommodations because  the
landlord  or  any  person acting on his behalf, with intent to cause the
tenant to vacate, engaged in any course of conduct  (including  but  not
limited  to, interruption or discontinuance of essential services) which
interfered with or disturbed  or  was  intended  to  interfere  with  or
disturb  the comfort, repose, peace or quiet of the tenant in his use or
occupancy of the housing accommodations may, within  ninety  days  after
vacating, apply for a determination that the housing accommodations were
vacated as a result of such conduct, and may, within one year after such
determination,  institute  a civil action against the landlord by reason
of such conduct. Application for such determination may be made  to  the
[city  housing rent agency with respect to housing accommodations which,
by local law or ordinance, are made directly subject to  regulation  and
control by such agency.  For all other housing accommodations subject to
regulation  and control pursuant to the New York city rent stabilization
law of nineteen hundred sixty-nine, application for  such  determination
may be made to the New York city conciliation and appeals board. For the
purpose  of  making and enforcing any determination of the New York city
conciliation and appeals board as herein  provided,  the  provisions  of
sections  seven,  eight and ten, whenever they refer to the city housing
rent agency, shall be deemed to refer to such board] STATE  DIVISION  OF
HOUSING  AND  COMMUNITY  RENEWAL.   In such action the landlord shall be
liable to the tenant for three times the damages sustained on account of
such conduct plus reasonable attorney's fees and costs as determined  by
the court. In addition to any other damages the cost of removal of prop-
erty shall be a lawful measure of damages.
  S  14.  Subdivision  a of section 5 of section 4 of chapter 576 of the
laws of 1974, constituting the emergency tenant protection act of  nine-
teen  seventy-four,  is amended by adding a new paragraph 3-a to read as
follows:

A. 8212                            11

  (3-A) HOUSING ACCOMMODATIONS WHICH BECOME  VACANT  ON  OR  AFTER  JUNE
SIXTEENTH,  TWO  THOUSAND  TEN,  PROVIDED,  HOWEVER, THAT THIS EXCEPTION
SHALL NOT APPLY TO OR BECOME EFFECTIVE WITH RESPECT TO HOUSING  ACCOMMO-
DATIONS WHICH THE COMMISSIONER DETERMINES OR FINDS BECAME VACANT BECAUSE
THE  LANDLORD  OR ANY PERSON ACTING ON HIS OR HER BEHALF, WITH INTENT TO
CAUSE THE TENANT TO VACATE, ENGAGED IN ANY COURSE OF CONDUCT (INCLUDING,
BUT NOT LIMITED TO, INTERRUPTION OR DISCONTINUANCE OF REQUIRED SERVICES)
WHICH INTERFERED WITH OR DISTURBED OR WAS INTENDED TO INTERFERE  IN  HIS
OR HER USE OR OCCUPANCY OF THE HOUSING ACCOMMODATIONS.
  S  15.  Section  26-504  of the administrative code of the city of New
York is amended by adding a new subdivision d to read as follows:
  D. NOTWITHSTANDING ANY OF THE PROVISIONS OF THIS SECTION OR  TITLE  OR
ANY  OTHER  PROVISIONS  OF  LAW, THIS LAW SHALL NOT APPLY TO ANY HOUSING
ACCOMMODATION WHICH BECOMES VACANT ON OR AFTER JUNE SIXTEENTH, TWO THOU-
SAND TEN PROVIDED, HOWEVER, THAT THIS EXCEPTION SHALL NOT  APPLY  TO  OR
BECOME  EFFECTIVE  WITH  RESPECT  TO  HOUSING  ACCOMMODATIONS  WHICH THE
COMMISSIONER DETERMINES OR FINDS BECAME VACANT BECAUSE THE  LANDLORD  OR
ANY  PERSON ACTING ON HIS OR HER BEHALF, WITH INTENT TO CAUSE THE TENANT
TO VACATE, ENGAGED IN ANY COURSE OF CONDUCT (INCLUDING BUT  NOT  LIMITED
TO, INTERRUPTION OR DISCONTINUANCE OF REQUIRED SERVICES) WHICH INTERFER-
ED  WITH  OR  DISTURBED OR WAS INTENDED TO INTERFERE WITH OR DISTURB THE
COMFORT, REPOSE, PEACE OR QUIET OF TENANT IN HIS OR HER USE OR OCCUPANCY
OF THE HOUSING ACCOMMODATIONS.
  S 19. This act shall take effect immediately; provided, however,  that
the  income  certification  forms  provided for by this act shall not be
transmitted until on or after January 1, 2011; provided that the  amend-
ments  to the city rent and rehabilitation law made by sections four and
six of this act shall remain in full force and effect only  so  long  as
the public emergency requiring the regulation and control of residential
rents and evictions continues, as provided in subdivision 2 of section 1
of  the  local emergency housing rent control act; and provided that the
amendments to the rent stabilization law of nineteen hundred  sixty-nine
made  by  section  fifteen  of this act shall expire on the same date as
such law expires and shall not affect the  expiration  of  such  law  as
provided  under section 26-520 of such law; and provided that the amend-
ments to the emergency tenant protection act  of  nineteen  seventy-four
made  by  sections  seven, nine and fourteen of this act shall expire on
the same date as such act expires and shall not affect the expiration of
such act as provided in section 17 of chapter 576 of the laws  of  1974;
and  provided  that the amendments to the emergency housing rent control
law made by sections one, three and eleven of this act shall  expire  on
the same date as such law expires and shall not affect the expiration of
such law as provided in subdivision 2 of section 1 of chapter 274 of the
laws  of  1946;  and  provided that the amendment to the local emergency
housing rent control act made by section twelve of this act shall remain
in full force and effect only so long as the public emergency  requiring
the regulation and control of residential rents and evictions continues,
as provided in subdivision 2 of section 1 of the local emergency housing
rent  control  act; and provided further that the amendment to paragraph
(h) of subdivision 10 of section 1 of the local emergency  housing  rent
control  act  made  by section thirteen of this act shall not affect the
expiration of certain provisions of such paragraph (h) made by section 3
of chapter 576 of the laws of 1974 and shall expire  when  such  chapter
576 of the laws of 1974 expires.