NY State Senate Bill 2009-S467

Senate Bill S467

2009-2010 Legislative Session

Requires landlords to make certain records available upon request of the rent guidelines board

download bill text pdf

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

2009-S467 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: New York City Administrative Code
Laws Affected:: Amd §26-510, NYC Ad Cd; amd §4, Emerg Ten Prot Act of 1974
Versions Introduced in 2011-2012 Legislative Session:: S2258

2009-S467 (ACTIVE) - Summary

Requires landlords to make books and records available regarding income and other certain information upon request of the rent guidelines board to be used in determining whether certain rents for housing accommodations within a city having a population of one million or more shall be adjusted; requires the rent guidelines board to keep such information confidential; and authorizes the rent guidelines board to administer oaths, issue subpoenas and perform other certain duties.

2009-S467 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S467

 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 the powers of the rent guidelines board


 PURPOSE :
This bill requires landlords to make certain records available upon
the request of the rent guidelines board.

 SUMMARY OF PROVISIONS :
Section 1 of this bill amends subdivision b of section 26-510 of the
administrative code of the city of New York.  Upon request by the rent
guidelines board, landlords regulated by the emergency tenant
protection act of 1974 shall make available any books and records
regarding income, expenditures, tax benefits, financing arrangements,
utility bills, and any other pertinent information to determine rent
adjustments. This shall only apply to cities with a population of one
million or more.

Section 2 adds a new subdivision j to section 26-510 of the
administrative code of the city of New York. The rent guidelines board
shall be authorized to administer oaths, issue subpoenas, conduct
investigations, and designate officers to hear reports on behalf of

the board.

Section 3 amends subdivision c of section 4 of chapter 576 of the laws
of 1974. Upon request by the rent guidelines board, landlords
regulated by the administrative code of the city of New York shall
make available any books and records regarding income, expenditures,
tax benefits, financing arrangements, utility bills, and any other
pertinent information to determine rent adjustments. This shall only
apply to cities with a population of one million or more. All
information provided shall be subject to the freedom of information
law.

The rent guidelines board shall be authorized to administer oaths,
issue subpoenas, conduct investigations, and designate officers to
hear reports on behalf of t,he board.

Section 4 enacts this bill immediately.

 JUSTIFICATION :
The RSL and ETPA require that rent guidelines for stabilized
apartments be promulgated annually based on the economic condition of
the residential real estate industry. In practice, however, this
mandate has been carried out by rent guidelines boards in ways which
do not accurately assess the necessity for rent adjustments. The New
York City rent guidelines board has based rent adjustments on an
annual survey of vendor costs (fuel, labor, parts, insurance, etc.)
with no analysis either of what landlords actually spend for these
items or how much rental income they earn. The suburban boards have
based rent adjustments on an unverified annual survey of costs and
income.

For the first time, this legislation requires that rent adjustments
are based on actual increases in landlords' costs of maintaining their
properties. Landlords should base need for rental increases on
increased costs of maintenance and costs of improvements. Rental
increases can thereby be justified after a review of the records
indicating these increased costs of business.

 LEGISLATIVE HISTORY :
New bill.
 EFFECTIVE DATE :
This act shall take effect immediately following the expiration of
certain provisions of the rent stabilization and emergency tenant
protection act.

2009-S467 (ACTIVE) - Bill Text download pdf

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

                                   467

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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 the powers of the rent guidelines board

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

  Section 1. Subdivision b of section 26-510 of the administrative  code
of the city of New York is amended to read as follows:
  b.  (1)  The rent guidelines board shall establish annually guidelines
for rent adjustments, and  in  determining  whether  rents  for  housing
accommodations  subject  to the emergency tenant protection act of nine-
teen seventy-four or this law shall be adjusted  shall  consider,  among
other  things  (1) the economic condition of the residential real estate
industry in the affected area including such factors as  the  prevailing
and  projected  (i)  real  estate  taxes and sewer and water rates, (ii)
gross operating maintenance costs (including  insurance  rates,  govern-
mental fees, cost of fuel and labor costs), (iii) costs and availability
of  financing  (including  effective  rates  of interest), (iv) over-all
supply of housing accommodations and over-all vacancy rates,  (2)  rele-
vant  data from the current and projected cost of living indices for the
affected area, (3) such other data as may be made available to  it.  Not
later than July first of each year, the rent guidelines board shall file
with  the  city  clerk its findings for the preceding calendar year, and
shall accompany such findings with a statement of the  maximum  rate  or
rates  of  rent  adjustment, if any, for one or more classes of accommo-
dations subject to this law,  authorized  for  leases  or  other  rental
agreements commencing on the next succeeding October first or within the
twelve months thereafter. Such findings and statement shall be published
in the City Record.
  (2)  UPON  REQUEST  BY THE RENT GUIDELINES BOARD, LANDLORDS SUBJECT TO
REGULATION UNDER THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN  SEVEN-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03599-01-9

S. 467                              2

TY-FOUR  OR  THIS LAW SHALL MAKE AVAILABLE FOR EXAMINATION BY SUCH BOARD
ANY BOOKS AND RECORDS  REGARDING  INCOME,  EXPENDITURES,  TAX  BENEFITS,
FINANCING ARRANGEMENTS, UTILITY BILLS AND ANY OTHER INFORMATION THAT THE
RENT  GUIDELINES  BOARD  FINDS  APPROPRIATE  TO  CONSIDER IN DETERMINING
WHETHER RENTS FOR HOUSING ACCOMMODATIONS WITHIN A CITY  HAVING  A  POPU-
LATION  OF ONE MILLION OR MORE AND SUBJECT TO REGULATION UNDER THE EMER-
GENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR OR THIS  LAW  SHALL
BE  ADJUSTED.  ANY  INFORMATION  PROVIDED  BY LANDLORDS PURSUANT TO THIS
SUBDIVISION SHALL NOT BE SUBJECT TO THE FREEDOM OF INFORMATION LAW. SUCH
BOARD SHALL PROTECT THE CONFIDENTIALITY OF SUCH INFORMATION.
  S 2. Section 26-510 of the administrative code of the city of New York
is amended by adding a new subdivision j to read as follows:
  J. IN FURTHERANCE OF ITS DUTIES UNDER THIS SECTION,  THE  RENT  GUIDE-
LINES  BOARD  SHALL  BE AUTHORIZED TO ADMINISTER OATHS, ISSUE SUBPOENAS,
CONDUCT INVESTIGATIONS, MAKE INSPECTIONS AND DESIGNATE OFFICERS TO  HEAR
AND REPORT ON BEHALF OF AND TO SUCH BOARD.
  S  3.  Subdivision  c  of section 4 of section 4 of chapter 576 of the
laws of 1974, constituting the emergency tenant protection act of  nine-
teen  seventy-four,  as  amended  by chapter 486 of the laws of 1976, is
amended to read as follows:
  c. (1) In a city having a population of one million or more, the  rent
guidelines board shall be the rent guidelines board established pursuant
to  the  New York city rent stabilization law of nineteen hundred sixty-
nine as amended, and such board shall have the powers  granted  pursuant
to  the  New York city rent stabilization law of nineteen hundred sixty-
nine as amended.
  (2) UPON REQUEST BY THE RENT GUIDELINES BOARD WITHIN A CITY  HAVING  A
POPULATION OF ONE MILLION OR MORE, LANDLORDS SUBJECT TO REGULATION UNDER
THE  ADMINISTRATIVE  CODE OF THE CITY OF NEW YORK OR THIS LAW SHALL MAKE
AVAILABLE FOR EXAMINATION BY SUCH BOARD ANY BOOKS AND RECORDS  REGARDING
INCOME,  EXPENDITURES,  TAX  BENEFITS,  FINANCING  ARRANGEMENTS, UTILITY
BILLS AND ANY OTHER INFORMATION THAT SUCH RENT  GUIDELINES  BOARD  FINDS
APPROPRIATE  TO CONSIDER IN DETERMINING WHETHER RENTS FOR HOUSING ACCOM-
MODATIONS WITHIN THE SEVERAL ZONES AND JURISDICTIONS OF SUCH BOARD,  AND
SUBJECT  TO  REGULATION UNDER THE ADMINISTRATIVE CODE OF THE CITY OF NEW
YORK OR THIS LAW SHALL BE ADJUSTED. ANY INFORMATION  PROVIDED  BY  LAND-
LORDS  PURSUANT  TO THIS SUBDIVISION SHALL NOT BE SUBJECT TO THE FREEDOM
OF INFORMATION LAW. SUCH BOARD SHALL PROTECT THE CONFIDENTIALITY OF SUCH
INFORMATION.
  (3) IN FURTHERANCE OF ITS DUTIES, THE RENT GUIDELINES BOARD  SHALL  BE
AUTHORIZED TO ADMINISTER OATHS, ISSUE SUBPOENAS, CONDUCT INVESTIGATIONS,
MAKE  INSPECTIONS AND DESIGNATE OFFICERS TO HEAR AND REPORT ON BEHALF OF
AND TO SUCH BOARD.
  S 4. This act shall take effect immediately provided that  the  amend-
ments  to  section  26-510  of  the  rent  stabilization law of nineteen
hundred sixty-nine made by sections one and two 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  amendments  to  section  4  of  the emergency tenant
protection act of nineteen seventy-four made by section  three  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.

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