S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9615--A
 
                           I N  A S S E M B L Y
 
                             January 27, 2020
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Housing -- committee discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the executive law, the multiple residence law and the
   multiple dwelling law, in relation to a statewide  residential  rental
   registry

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  381-a
 to read as follows:
   §  381-A. STATEWIDE RENTAL REGISTRY. 1. THE SECRETARY SHALL ADMINISTER
 A STATEWIDE RESIDENTIAL RENTAL REGISTRY PURSUANT TO THE REQUIREMENTS  OF
 THIS  SECTION AND SHALL DEVELOP A PUBLIC ONLINE RENTAL REGISTRY DATABASE
 DESIGNED TO RECEIVE INFORMATION FROM LANDLORDS AND LOCAL GOVERNMENTS AND
 CODE ENFORCEMENT AGENCIES AND TO DISSEMINATE  SUCH  INFORMATION  TO  THE
 PUBLIC.
   2.  THE FOLLOWING WORDS OR TERMS WHEN USED IN THIS SECTION ARE DEFINED
 AS FOLLOWS:
   (A) "CODE ENFORCEMENT" MEANS THE ADMINISTRATION AND ENFORCEMENT OF THE
 UNIFORM FIRE PREVENTION CODE AND BUILDING CODE PROMULGATED IN ACCORDANCE
 WITH SECTIONS THREE HUNDRED SEVENTY-SEVEN  AND  THREE  HUNDRED  SEVENTY-
 EIGHT  OF  THIS ARTICLE, THE STATE ENERGY CONSERVATION CONSTRUCTION CODE
 ADOPTED IN ACCORDANCE WITH ARTICLE ELEVEN OF THE  ENERGY  LAW,  AND  ANY
 LOCAL  BUILDING  AND  FIRE REGULATIONS AND ANY LOCAL RESIDENTIAL HOUSING
 CODES ENACTED OR ADOPTED BY ANY LOCAL  GOVERNMENT  THAT  ARE  IN  EFFECT
 PURSUANT TO SECTION THREE HUNDRED SEVENTY-NINE OF THIS ARTICLE.
   (B)  "COVERED  DWELLING"  MEANS  A  DWELLING  WHICH  IS EITHER RENTED,
 LEASED, LET OR HIRED OUT, TO BE OCCUPIED, OR IS OCCUPIED  AS  THE  RESI-
 DENCE  OR  HOME  OF  TWO  OR  MORE FAMILIES LIVING INDEPENDENTLY OF EACH
 OTHER.
   (C) "DWELLING" MEANS ANY BUILDING  OR  STRUCTURE  OR  PORTION  THEREOF
 WHICH  IS OCCUPIED IN WHOLE OR IN PART AS THE HOME, RESIDENCE, OR SLEEP-
 ING PLACE OF ONE OR MORE HUMAN BEINGS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14008-07-0

 A. 9615--A                          2
 
   (D) "FAMILY" MEANS EITHER A PERSON OCCUPYING A DWELLING AND  MAINTAIN-
 ING  A  HOUSEHOLD, WITH NOT MORE THAN FOUR BOARDERS, ROOMERS OR LODGERS,
 OR TWO OR MORE PERSONS OCCUPYING A DWELLING, LIVING TOGETHER  AND  MAIN-
 TAINING A COMMON HOUSEHOLD, WITH NOT MORE THAN FOUR BOARDERS, ROOMERS OR
 LODGERS.  A "BOARDER", "ROOMER" OR "LODGER" RESIDING WITH A FAMILY SHALL
 MEAN A PERSON LIVING WITHIN THE HOUSEHOLD WHO PAYS A  CONSIDERATION  FOR
 SUCH RESIDENCE AND DOES NOT OCCUPY SUCH SPACE WITHIN THE HOUSEHOLD AS AN
 INCIDENT OF EMPLOYMENT THEREIN.
   (E)  "MANAGING  AGENT"  MEANS  A NATURAL PERSON WHO IS OVER THE AGE OF
 TWENTY-ONE YEARS AND A RESIDENT OF THE COUNTY IN WHICH THE  PROPERTY  IS
 LOCATED, RESIDES WITHIN THIRTY MILES OF THE PROPERTY, OR CUSTOMARILY AND
 REGULARLY  ATTENDS  A BUSINESS OFFICE MAINTAINED IN THE COUNTY OR WITHIN
 THIRTY MILES OF THE PROPERTY, AND IS DESIGNATED BY THE OWNER TO  RECEIVE
 SERVICE  OF  NOTICES  AND  SUMMONS  ISSUED BY THE LOCAL CODE ENFORCEMENT
 AGENCY.  NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED AS  ABROGATING  OR
 IMPAIRING  THE POWER OF ANY LOCAL GOVERNMENT TO PROMULGATE MORE RESTRIC-
 TIVE DEFINITIONS OR RULES RELATED TO MANAGING AGENTS.
   (F) "OWNER" MEANS THE OWNER OR OWNERS OF THE FREEHOLD OF THE  PREMISES
 OR  LESSOR ESTATE THEREIN, A MORTGAGEE OR VENDEE IN POSSESSION, ASSIGNEE
 OF RENTS, RECEIVER, EXECUTOR, TRUSTEE, AGENT, OR ANY OTHER PERSON,  FIRM
 OR CORPORATION, DIRECTLY OR INDIRECTLY IN CONTROL OF A DWELLING.
   (G)  "PRIVATE  DWELLING"  MEANS ANY BUILDING OR STRUCTURE DESIGNED AND
 OCCUPIED EXCLUSIVELY FOR RESIDENTIAL PURPOSES BY NOT MORE THAN ONE FAMI-
 LY.
   (H) "SECRETARY" MEANS THE SECRETARY OF STATE.
   3. THE OWNER OF A COVERED DWELLING SHALL REGISTER SUCH  DWELLING  WITH
 THE  DEPARTMENT OF STATE ANNUALLY IN ACCORDANCE WITH THE RULES AND REGU-
 LATIONS PRESCRIBED BY THE SECRETARY, EXCEPT THAT REGISTRATION  WITH  THE
 DEPARTMENT OF STATE SHALL NOT BE REQUIRED WHERE THE OWNER IS REQUIRED TO
 REGISTER WITH A LOCAL GOVERNMENT UNDER WHICH THE PROPERTY IS SITUATED IN
 A  MANNER THAT COMPLIES WITH THE RULES AND REGULATIONS PRESCRIBED BY THE
 SECRETARY PURSUANT TO THIS SECTION.
   4. AN OWNER WHO IS REQUIRED TO REGISTER UNDER  THIS  SECTION  AND  WHO
 FAILS TO REGISTER: (A) SHALL BE SUBJECT TO A CIVIL PENALTY OF THE GREAT-
 ER  OF  TWO HUNDRED FIFTY DOLLARS OR TWENTY-FIVE DOLLARS PER RESIDENTIAL
 UNIT CONTAINED IN THE COVERED DWELLING, AND IN NO EVENT SHALL A  COVERED
 DWELLING  BE CONSIDERED PROPERLY REGISTERED UNDER THIS SECTION UNTIL ANY
 PENALTY THAT IS DUE HAS BEEN PAID; AND (B) SHALL BE DENIED THE RIGHT  TO
 RECOVER  POSSESSION  OF  THE  PREMISES FOR NONPAYMENT OF RENT DURING THE
 PERIOD OF NONCOMPLIANCE, AND SHALL, AT  THE  DISCRETION  OF  THE  COURT,
 SUFFER A STAY OF PROCEEDING TO RECOVER RENTS, DURING SUCH PERIOD. IN ANY
 ACTION  TO  RECOVER POSSESSION UNDER SECTION SEVEN HUNDRED ELEVEN OF THE
 REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, THE OWNER SHALL  ALLEGE  THAT
 THEY ARE PROPERLY REGISTERED UNDER THIS SECTION.
   5.  ANY LOCAL GOVERNMENT WITH A RENTAL REGISTRATION OR RENTAL REGISTRY
 CERTIFICATE PROGRAM, ORDINANCE, REGULATION OR OTHER LAW MAY CONTINUE  TO
 MAINTAIN  SUCH REGISTRY OR PROGRAM BUT SHALL SUBMIT TO THE DEPARTMENT OF
 STATE ALL INFORMATION REQUIRED UNDER THIS SECTION IN A METHOD PRESCRIBED
 BY THE SECRETARY. IF SUCH PROGRAM, ORDINANCE, OR  LAW  DOES  NOT  COMPLY
 WITH  THE  RULES AND REGULATIONS PRESCRIBED BY THE SECRETARY PURSUANT TO
 THIS SECTION, THE OWNER SHALL REGISTER ALL COVERED  DWELLINGS  WITH  THE
 DEPARTMENT OF STATE.
   6. THE SECRETARY SHALL DEVELOP AND MAINTAIN AN ONLINE PORTAL FOR LOCAL
 GOVERNMENTS  TO  SUBMIT  REGISTRATION AND CODE ENFORCEMENT VIOLATIONS TO
 THE DEPARTMENT OF STATE AS REQUIRED UNDER THIS SECTION.

 A. 9615--A                          3

   7. THE SECRETARY SHALL PROMULGATE RULES  AND  REGULATIONS  PRESCRIBING
 STANDARDS  FOR  ADMINISTRATION  AND  ENFORCEMENT OF THE STATEWIDE RENTAL
 REGISTRY. SUCH RULES AND REGULATIONS SHALL ADDRESS (A) INFORMATION TO BE
 COLLECTED DURING REGISTRATION INCLUDING, BUT NOT LIMITED TO:
   (I)  A  VALID  IDENTIFYING ADDRESS OF THE PROPERTY AND THE APPROPRIATE
 DESIGNATIONS OF ALL RENTAL UNITS ON THE PROPERTY;
   (II) THE TOTAL NUMBER OF ROOMS,  THE  NUMBER  OF  BATHROOMS,  AND  THE
 NUMBER OF BEDROOMS IN EACH RENTAL UNIT;
   (III)  THE  ACCESSIBILITY  FEATURES,  IF ANY, OF THE BUILDING AND EACH
 RENTAL UNIT;
   (IV) WHETHER A UNIT IS SUBJECT TO ANY RENT  REGULATION  OR  REGULATORY
 AGREEMENT;
   (V)  THE LEGAL NAME OF THE OWNER OR OWNERS, INCLUDING, BUT NOT LIMITED
 TO, THE PARTNERS, GENERAL PARTNERS, LLC MEMBERS, AND SHAREHOLDERS;
   (VI) A PHYSICAL ADDRESS, MAILING ADDRESS,  AND  TELEPHONE  NUMBER  FOR
 EACH  OWNER.  THE PHYSICAL ADDRESS AND TELEPHONE NUMBER CONTAINED IN THE
 REGISTRATION SHALL NOT CONSTITUTE A PUBLIC RECORD AND SHALL BE  ACCESSI-
 BLE  ONLY  TO  DULY AUTHORIZED EMPLOYEES OF LOCAL GOVERNMENT AGENCIES OR
 THE DEPARTMENT OF STATE  AND  USED  EXCLUSIVELY  BY  SUCH  PERSONNEL  IN
 CONNECTION WITH AN EMERGENCY ARISING ON THE PREMISES FOR WHICH THE OWNER
 IS RESPONSIBLE OR FOR SUCH PURPOSES AS THE SECRETARY SHALL AUTHORIZE;
   (VII)  THE  NAME,  PHYSICAL  ADDRESS,  MAILING  ADDRESS, AND TELEPHONE
 NUMBER FOR THE MANAGING AGENT OF THE RENTAL UNIT, IF ANY; AND
   (VIII) WHERE THE  LOCAL  GOVERNMENT  REQUIRES  REGULAR  INSPECTION  OF
 RENTAL  UNITS,  THE DATE OF THE LAST INSPECTION IN EACH UNIT, THE NUMBER
 AND TYPE OF VIOLATIONS ISSUED DURING THE INSPECTION,  AND  WHETHER  EACH
 VIOLATION HAS BEEN CORRECTED.
   (B)  A  SCHEDULE  OF REASONABLE REGISTRATION FEES BASED ON THE TYPE OF
 DWELLING AND NUMBER OF UNITS REGISTERED;
   (C) THE PROCESS AND TIMEFRAME FOR UPDATING  THE  REGISTRATION  UPON  A
 CHANGE IN TITLE, ADDRESS, OR MANAGING AGENT; AND
   (D)  TO  THE  EXTENT  PRACTICABLE,  THE SUBMISSION OF REPORTS BY LOCAL
 GOVERNMENTS  TO  THE  DEPARTMENT  OF  STATE  CONTAINING  ALL  VIOLATIONS
 REPORTED  IN  COVERED  DWELLINGS  SINCE  THE PRIOR SUBMISSION THAT SHALL
 OCCUR AT MINIMUM ON A MONTHLY BASIS.  WHERE A LOCAL GOVERNMENT LACKS THE
 TECHNICAL CAPACITY TO SUBMIT SUCH REPORTS, THE DEPARTMENT SHALL  PROVIDE
 ASSISTANCE  TO FACILITATE AND IMPROVE CAPACITY TO COLLECT CODE VIOLATION
 DATA IN A MACHINE-READABLE FORMAT FOR SUBMISSION TO THE DEPARTMENT.
   8. THE SECRETARY SHALL CREATE AND MAINTAIN THROUGH THE  DEPARTMENT  OF
 STATE'S  WEBSITE  A  PUBLIC  ONLINE  SEARCHABLE  DATABASE OF RESIDENTIAL
 RENTAL UNITS REGISTERED UNDER THIS SECTION. THE PUBLIC SHALL BE ABLE  TO
 SEARCH  BY,  AT  A MINIMUM, THE ADDRESS OF THE DWELLING, THE NAME OF THE
 OWNER, AND TAX MAP DESIGNATION. THE DATABASE SHALL GENERATE A REPORT  OF
 THE  LAST  VALID INFORMATION REGISTERED WITH THE DEPARTMENT AND INFORMA-
 TION SUBMITTED BY LOCAL GOVERNMENTS AS REQUIRED BY  THIS  SECTION.  SUCH
 REPORT  SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, THE FOLLOWING INFOR-
 MATION:
   (A) THE NAMES OF EACH  REGISTERED  PROPERTY  OWNER  AND  THE  MANAGING
 AGENT, IF ANY;
   (B)  THE  ADDRESS OF EACH REGISTERED PROPERTY OWNED BY SUCH REGISTERED
 OWNER;
   (C) THE ADDRESS OF THE MANAGING AGENT, IF ANY;
   (D) THE NUMBER OF REGISTERED RENTAL UNITS ON THE PROPERTY;
   (E) THE CURRENT NUMBER OF OUTSTANDING VIOLATIONS ISSUED  BY  ANY  CODE
 ENFORCEMENT  AGENCIES,  DISAGGREGATED BY VIOLATIONS THAT ARE IMMEDIATELY

 A. 9615--A                          4

 HAZARDOUS, HAZARDOUS, AND NON-HAZARDOUS WHERE SUCH DESIGNATION IS AVAIL-
 ABLE;
   (F)  THE NUMBER OF FINDINGS OF HARASSMENT CURRENTLY ON RECORD WITH ANY
 CODE ENFORCEMENT AGENCIES;
   (G) THE NUMBER AND TYPES OF ACTIVE VIOLATIONS AND ORDERS ISSUED BY ANY
 CODE ENFORCEMENT AGENCIES, INCLUDING A DESCRIPTION  OF  EACH  VIOLATION,
 THE  STATUS  OF  EACH VIOLATION OR ORDER, AND THE DATE EACH VIOLATION OR
 ORDER WAS ISSUED INCLUDING ANY VIOLATIONS THAT WERE  ACTIVE  WITHIN  THE
 YEAR PRIOR TO THE DATE THE REPORT IS GENERATED; AND
   (H) THE DATE THE INFORMATION WAS LAST UPDATED AND THE DATE THE PORTFO-
 LIO IS GENERATED.
   9.  IN ANY ACTION TO RECOVER POSSESSION OF A RENTAL UNIT OR TO ENFORCE
 HOUSING MAINTENANCE STANDARDS IN COUNTY COURT, THE  COURT  OF  A  POLICE
 JUSTICE  OF  THE VILLAGE, A JUSTICE COURT, A COURT OF CIVIL JURISDICTION
 IN A CITY OR A DISTRICT COURT, (A) THE VISUALLY  DISPLAYED  OR  (B)  THE
 PRINTED  COMPUTERIZED  PORTFOLIO  REGISTRATION AND VIOLATION FILES MAIN-
 TAINED BY THE DEPARTMENT OF STATE PURSUANT TO THIS SECTION AND ALL OTHER
 COMPUTERIZED DATA AS SHALL BE RELEVANT TO THE ENFORCEMENT OF  STATE  AND
 LOCAL  LAWS  FOR THE ESTABLISHMENT AND MAINTENANCE OF HOUSING STANDARDS,
 SHALL BE PRIMA FACIE EVIDENCE OF  ANY  MATTER  STATED  THEREIN  AND  THE
 COURTS  SHALL TAKE JUDICIAL NOTICE THEREOF AS IF THE SAME WERE CERTIFIED
 AS TRUE UNDER THE SEAL AND SIGNATURE OF THE SECRETARY.
   10.  REGISTRATION  OF  COVERED  DWELLINGS  UNDER  THIS  SECTION  SHALL
 COMMENCE  ONE  YEAR FROM THE EFFECTIVE DATE OF THIS SECTION.  THE PUBLIC
 ONLINE SEARCHABLE DATABASE SHALL BE ACTIVE NO LATER THAN TWO YEARS  FROM
 THE  EFFECTIVE  DATE  OF  THIS  SECTION. ALL INFORMATION RELATED TO CODE
 VIOLATIONS  AND  HARASSMENT  PROVIDED  THROUGH  THE  DATABASE  SHALL  BE
 PROSPECTIVE  FROM  THE DATE IT BECOMES ACTIVE UNLESS SUCH INFORMATION IS
 OTHERWISE AVAILABLE IN ELECTRONIC FORM AT THE TIME THE DATABASE  BECOMES
 ACTIVE.
   §  2.  Section 307 of the multiple residence law is amended to read as
 follows:
   § 307. Records and searches. (A) All records of the  department  shall
 be  public.    Upon  request  the department shall be required to make a
 search and  issue  a  certificate  of  any  of  its  records,  including
 violations,  and  shall  have the power to charge and collect reasonable
 fees for searches or certificates.
   (B) IN ANY ACTION TO RECOVER POSSESSION OF A RENTAL UNIT OR TO ENFORCE
 HOUSING MAINTENANCE STANDARDS IN COUNTY COURT, THE  COURT  OF  A  POLICE
 JUSTICE  OF  THE VILLAGE, A JUSTICE COURT, A COURT OF CIVIL JURISDICTION
 IN A CITY OR A DISTRICT COURT EITHER (I) THE VISUALLY DISPLAYED OR  (II)
 THE  PRINTED  COMPUTERIZED  PORTFOLIO  REGISTRATION  AND VIOLATION FILES
 MAINTAINED BY THE DEPARTMENT OF STATE PURSUANT TO SECTION THREE  HUNDRED
 EIGHTY-ONE-A  OF  THE  EXECUTIVE  LAW AND ALL OTHER COMPUTERIZED DATA AS
 SHALL BE RELEVANT TO THE ENFORCEMENT OF STATE AND  LOCAL  LAWS  FOR  THE
 ESTABLISHMENT AND MAINTENANCE OF HOUSING STANDARDS, SHALL BE PRIMA FACIE
 EVIDENCE OF ANY MATTER STATED THEREIN AND THE COURTS SHALL TAKE JUDICIAL
 NOTICE  THEREOF AS IF THE SAME WERE CERTIFIED AS TRUE UNDER THE SEAL AND
 SIGNATURE OF THE SECRETARY OF STATE.
   § 3. Subdivision 3 of section 328 of the  multiple  dwelling  law,  as
 amended  by  chapter  403  of  the  laws  of 1983, is amended to read as
 follows:
   3. In any action or proceeding before the housing part of the New York
 city civil court either (a) the visually displayed or  (b)  the  printed
 computerized violation files of the department responsible for maintain-
 ing such files, PORTFOLIO REGISTRATION AND VIOLATION FILES MAINTAINED BY

 A. 9615--A                          5

 THE  DEPARTMENT  OF STATE PURSUANT TO SECTION THREE HUNDRED EIGHTY-ONE-A
 OF THE EXECUTIVE LAW, and all other computerized data as shall be  rele-
 vant  to  the  enforcement of state and local laws for the establishment
 and  maintenance  of housing standards, including but not limited to the
 name, address and telephone number of the present owner of the  building
 and  whether or not he is a member in good standing of the rent stabili-
 zation association  or  registered  pursuant  to  the  emergency  tenant
 protection act of nineteen seventy-four or the rent stabilization law of
 nineteen hundred sixty-nine where one or more dwelling units therein are
 subject  to the rent stabilization law, shall be prima facie evidence of
 any matter stated therein and the  courts  shall  take  judicial  notice
 thereof  as  if same were certified as true under the seal and signature
 of the commissioner of that department.
   § 4. This act shall take effect immediately.