S T A T E   O F   N E W   Y O R K
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                                  5255

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- 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 emergency tenant protection act of nineteen seven-
  ty-four, in relation to  qualifications  of  public  members  of  rent
  guidelines boards

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

  Section 1. Subdivision a of section 4 of section 4 of chapter  576  of
the  laws  of  1974, constituting the emergency tenant protection act of
nineteen seventy-four, as amended by chapter 349 of the laws of 1979, is
amended to read as follows:
  a. In each county wherein any city having a population  of  less  than
one  million  or  any town or village has determined the existence of an
emergency pursuant to section three of this act, there shall be  created
a  rent  guidelines  board  to  consist of nine members appointed by the
commissioner of housing and community renewal upon recommendation of the
county legislature which recommendation shall be made within thirty days
after the first local declaration of an emergency in  such  county;  two
such  members shall be representative of tenants, two shall be represen-
tative of owners of property, and five shall be public members  each  of
whom  shall  have  had at least five years experience in either finance,
economics or housing.   One public member shall  be  designated  by  the
commissioner to serve as chairman and shall hold no other public office.
No  member,  officer or employee of any municipal rent regulation agency
or the state division of housing and community renewal and no person who
owns or manages real estate covered by this law or who is an officer  of
any owner or tenant organization shall serve on a rent guidelines board;
PROVIDED, FURTHER, HOWEVER, NO PERSON WHO OWNS OR MANAGES MORE THAN FOUR
RENTAL UNITS WITHIN THE STATE OF NEW YORK SHALL SERVE AS A PUBLIC MEMBER
ON  A  RENT  GUIDELINES BOARD.   One public member, one member represen-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08279-03-9
              

S. 5255                             2

tative of tenants and one member representative of  owners  shall  serve
for  a term ending two years from January first next succeeding the date
of their appointment; one public member, one  member  representative  of
tenants  and  one  member representative of owners shall serve for terms
ending three years from the January first next succeeding  the  date  of
their  appointment and three public members shall serve for terms ending
four years from  January  first  next  succeeding  the  dates  of  their
appointment.    Thereafter,  all  members  shall serve for terms of four
years each.  Members shall continue in  office  until  their  successors
have  been  appointed  and  qualified.   The commissioner shall fill any
vacancy which may occur by reason of death, resignation or otherwise  in
a  manner  consistent  with  the original appointment.   A member may be
removed by the commissioner for cause, but not without an opportunity to
be heard in person or by counsel, in his defense, upon not less than ten
days notice.  Compensation for the members of the board shall be at  the
rate  of  one  hundred  dollars  per day, for no more than twenty days a
year, except that the chairman shall be compensated at the rate  of  one
hundred  twenty-five  dollars a day for no more than thirty days a year.
The board shall be provided staff assistance by the division of  housing
and  community renewal.   The compensation of such members and the costs
of staff assistance shall be paid by the division of housing and  commu-
nity  renewal  which  shall  be  reimbursed  in the manner prescribed in
section four of this act.   The local  legislative  body  of  each  city
having  a  population of less than one million and each town and village
in which an emergency has been determined to exist  as  herein  provided
shall  be authorized to designate one person who shall be representative
of tenants and one person who shall be representative of owners of prop-
erty to serve at its pleasure and without  compensation  to  advise  and
assist the county rent guidelines board in matters affecting the adjust-
ment  of  rents for housing accommodations in such city, town or village
as the case may be.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law and shall apply to public members currently serving on
a  rent  guidelines  board;  and  provided further that the amendment to
section 4 of the emergency tenant protection act  of  nineteen  seventy-
four  made  by  section one 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.