S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7317
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 22, 2019
                                ___________
 
 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
 
   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.
   § 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
 state division of housing and community renewal  in  administering  such
 regulation  shall  be  paid by such city. All payments for such adminis-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11038-01-9

 A. 7317                             2
 
 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.
   §  3.  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
 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.
   § 4. 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.