NY State Senate Bill 2011-S3855

Senate Bill S3855

2011-2012 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 04, 2012	referred to housing, construction and community development
Mar 07, 2011	referred to housing, construction and community development

co-Sponsors

2011-S3855 (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 2009-2010 Legislative Session:: S3958

2011-S3855 (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.

2011-S3855 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3855

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 modern
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
04/07/09 REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
01/06/10 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.

2011-S3855 (ACTIVE) - Bill Text download pdf

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

                                  3855

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 7, 2011
                               ___________

Introduced by Sens. OPPENHEIMER, DIAZ, KRUEGER -- 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.
                                                           LBD06045-01-1

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Senate Bill S3855

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Suzi Oppenheimer