NY State Senate Bill 2009-S3958

Senate Bill S3958

2009-2010 Legislative Session

Prohibits collection of rent by unit owner for period such unit is unregistered pursuant to ETPA or Rent Stabilization Law; repeals inconsistent provision

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Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to housing, construction and community development
Apr 07, 2009	referred to housing, construction and community development

co-Sponsors

2009-S3958 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Rpld & add §26-517 sub e, NYC Ad Cd; rpld & add §12-a sub e, Emerg Ten Prot Act of 1974
Versions Introduced in 2011-2012 Legislative Session:: S3855

2009-S3958 (ACTIVE) - Summary

Provides that an owner of housing units in NYC, Westchester, Nassau and Rockland counties who fails to register a rent stabilized housing accommodation as otherwise required by the Emergency Tenant Protection Act or the Rent Stabilization Law shall be prohibited from collecting any rent therefor during the time when it is unregistered with the state division of housing and community renewal.

2009-S3958 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3958

 TITLE OF BILL :
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 registration and repealing certain provisions of such code
and such act relating thereto


 SUMMARY OF PROVISIONS :
This bill establishes a strong deterrent to noncompliance with the
rent registration system set up for units covered by the Emergency
Tenant Protection Act (ETPA) or the Rent Stabilization Law in
Westchester, Nassau and Rockland counties and in the city of New York.
An owner will be barred from collecting rent for any unit subject to
the ETPA or rent stabilization during any period that such unit is not
registered in the.  registration system maintained by the State
Division of Housing and Community Renewal. This will replace the
existing penalty which bars an owner from collecting a rent increase.

 JUSTIFICATION :
As of January, 1985 only 42% of all covered units in Westchester
County were registered by their owners in compliance with the
requirements of the Omnibus Housing Act of 1983. The Act required
registration of all covered units between April 1 , 1984 and June 30,
1984. This bill is needed to bring about universal compliance.

Registration of rents and services is the cornerstone of a modem rent
stabilization system. Without registration it is extremely difficult
to ascertain compliance with legal maximum rent levels and the
provision of required services. This legislation is needed to complete
the implementation of the State's rent registration system at the
earliest possible time.

 LEGISLATIVE HISTORY :
03/07/07 REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
01/09/08 REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately provided that the amendment to
section 26-517 of the rent stabilization law of nineteen hundred
sixty-nine made by section one 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 provided further that
the amendment to section 12-a of the emergency tenant protection act
of nineteen seventy-four made by section two 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, as amended.

2009-S3958 (ACTIVE) - Bill Text download pdf

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

                                  3958

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 7, 2009
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- 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 administrative code of the city of New York and  the
  emergency  tenant protection act of nineteen seventy-four, in relation
  to registration and repealing certain provisions of such code and such
  act relating thereto

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

  Section  1. Subdivision e of section 26-517 of the administrative code
of the city of New York is REPEALED and a new subdivision e is added  to
read as follows:
  E.  AN  OWNER WHO FAILS TO REGISTER A HOUSING ACCOMMODATION SUBJECT TO
THE PROVISIONS OF THIS SECTION SHALL BE PROHIBITED FROM  COLLECTING  ANY
RENT  ON AN UNREGISTERED UNIT FOR ANY PERIOD DURING WHICH IT IS UNREGIS-
TERED.
  S 2. Subdivision e of section 12-a of section 4 of chapter 576 of  the
laws  of 1974, constituting the emergency tenant protection act of nine-
teen seventy-four, is REPEALED and a new subdivision e is added to  read
as follows:
  E.  AN  OWNER WHO FAILS TO REGISTER A HOUSING ACCOMMODATION SUBJECT TO
THE PROVISIONS OF THIS SECTION SHALL BE PROHIBITED FROM  COLLECTING  ANY
RENT  ON AN UNREGISTERED UNIT FOR ANY PERIOD DURING WHICH IT IS UNREGIS-
TERED.
  S 3. This act shall take effect immediately provided that  the  amend-
ment to section 26-517 of the rent stabilization law of nineteen hundred
sixty-nine made by section one 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 further that  the
amendment  to  section  12-a  of  the emergency tenant protection act of
nineteen seventy-four made by section two 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,
as amended.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09257-01-9

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Senate Bill S3958

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Sponsored By

Suzi Oppenheimer