S T A T E   O F   N E W   Y O R K
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                                  7664

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2015
                               ___________

Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
  Committee on Housing

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 housing unit fees; and to amend the emergency tenant protection act
  of nineteen seventy-four, in relation to extending the  provisions  of
  such chapter

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

  Section 1.  Subdivision a of section 26-517.1  of  the  administrative
code  of  the  city  of New York, as added by local law number 95 of the
city of New York for the year 1985, is amended to read as follows:
  a. The [Department] DEPARTMENT of [Finance] FINANCE shall collect from
the owner of each housing accommodation registered pursuant to [Section]
SECTION 26-517 of this [law] CHAPTER an annual  fee  in  the  amount  of
[ten]  THIRTY  dollars  per  year  for each unit subject to this law, in
order to defray costs incurred by the city pursuant to subdivision c  of
section eight of the emergency tenant protection act of nineteen hundred
seventy-four.
  S  2. Subdivisions c and d of section 8 of section 4 of chapter 576 of
the laws of 1974 constituting the emergency  tenant  protection  act  of
nineteen  seventy-four,  subdivision c as amended by section 5 of part Z
of chapter 56 of the laws of 2010 and subdivision d as amended by  chap-
ter 116 of the laws of 1997, are amended to read as follows:
  c.  Whenever  a  city  having  a population of one million or more has
determined the existence of an emergency pursuant to  section  three  of
this act, the provisions of this act and the New York city rent stabili-
zation  law  of nineteen hundred sixty-nine shall be administered by the
state division of housing and community renewal as provided in  the  New
York  city  rent  stabilization  law  of nineteen hundred sixty-nine, as
amended, or as otherwise provided by law.  The  costs  incurred  by  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04327-03-5
              

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state  division  of  housing and community renewal in administering such
regulation shall be paid by such city. All payments  for  such  adminis-
tration shall be transmitted to the state division of housing and commu-
nity renewal as follows: on or after April first of each year commencing
with  April,  nineteen  hundred eighty-four, the commissioner of housing
and community renewal shall determine an amount necessary to defray  the
division's anticipated annual cost, and one-quarter of such amount shall
be  paid  by such city on or before July first of such year, one-quarter
of such amount on or before October first of such year,  one-quarter  of
such  amount  on  or before January first of the following year and one-
quarter of such amount on or before March thirty-first of the  following
year.  After the close of the fiscal year of the state, the commissioner
shall determine the amount of all actual costs incurred in  such  fiscal
year  and  shall  certify  such  amount  to such city. If such certified
amount shall differ from the amount paid by the  city  for  such  fiscal
year,  appropriate  adjustments  shall  be  made  in  the next quarterly
payment to be made by such city. In the event that the amount thereof is
not paid to the commissioner  as  herein  prescribed,  the  commissioner
shall  certify the unpaid amount to the comptroller, and the comptroller
shall, to the extent not otherwise  prohibited  by  law,  withhold  such
amount  from  any  state aid payable to such city. In no event shall the
amount imposed on the owners exceed [ten] THIRTY dollars  per  unit  per
year.
  d.  The  failure  to pay the prescribed assessment not to exceed [ten]
THIRTY dollars per unit for any housing accommodation  subject  to  this
act  or  the  New  York  city rent stabilization law of nineteen hundred
sixty-nine shall constitute a charge due and owing such  city,  town  or
village  which has imposed an annual charge for each such housing accom-
modation pursuant to subdivision b of this section. Any such city,  town
or  village  shall  be  authorized to provide for the enforcement of the
collection of such charges by commencing an action or proceeding for the
recovery of such fees or by the filing of a lien upon the  building  and
lot.  Such methods for the enforcement of the collection of such charges
shall be the sole remedy for the enforcement of this section.
  S 3. Section 17 of chapter 576 of the laws of 1974 amending the  emer-
gency housing rent control law relating to the control of and stabiliza-
tion  of  rent  in certain cases, as amended by section 1-a of part B of
chapter 97 of the laws of 2011, is amended to read as follows:
  S 17. Effective date.   This act shall  take  effect  immediately  and
shall  remain in full force and effect until and including the fifteenth
day of June [2015] 2017; except that sections two and three  shall  take
effect  with  respect  to any city having a population of one million or
more and section one shall take effect with respect to any  other  city,
or  any  town  or village whenever the local legislative body of a city,
town or village determines the existence of a public emergency  pursuant
to  section  three  of  the  emergency tenant protection act of nineteen
seventy-four, as enacted by section four of this act, and provided  that
the  housing accommodations subject on the effective date of this act to
stabilization pursuant to the New York city rent  stabilization  law  of
nineteen  hundred  sixty-nine  shall remain subject to such law upon the
expiration of this act.
  S 4. The increased revenues payable each year to the  commissioner  of
the state division of housing and community renewal pursuant to this act
shall  be divided equally by the commissioner between the office of rent
administration and the office of the tenant protection unit  within  the
division  of  housing and community renewal and shall be utilized by the

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commissioner in addition to and not in substitution for  the  levels  of
funding  from  all sources provided to the office of rent administration
and the office of the tenant protection unit on the  effective  date  of
this act.
  S  5. This act shall take effect immediately; provided that the amend-
ments to section 26-517.1 of chapter 4 of title 26 of the administrative
code of the city of New York 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 amendments  to  section  8  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.