NY State Senate Bill 2019-S2219

Senate Bill S2219

2019-2020 Legislative Session

Prohibits any person who owns or manages more than four rental units within the state from serving as a public member on a rent guidelines board

download bill text pdf

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 08, 2020	referred to housing, construction and community development
Jan 23, 2019	referred to housing, construction and community development

2019-S2219 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Emergency Tenant Protection Act of 1974
Laws Affected:: Amd §4, Emerg Ten Prot Act of 1974
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5255
2011-2012: S3280
2013-2014: S3319
2015-2016: S2224
2017-2018: S3800
2021-2022: S3388
2023-2024: S1592

2019-S2219 (ACTIVE) - Summary

Prohibits any person who owns or manages more than four rental units within the state from serving as a public member on a rent guidelines board.

2019-S2219 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2219

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the emergency tenant protection act of nineteen seven-
ty-four, in relation to qualifications of public members of rent guide-
lines boards

 
PURPOSE OR GENERAL IDEA:

Provides for alternate members on a rent guidelines Board.

 
SUMMARY OF SPECIFIC PROVISIONS:

Amends the emergency tenant protection act and the administrative code
of the City of New York to provide that, in addition to the nine regular
members of a rent guidelines board, there shall be an additional three
members who will be alternates. They shall represent respectively, the
public, the landlords and the tenants. The alternates shall be permitted
to participate in all proceedings of the board as non-voting members.

They shall only be permitted to participate as voting members and
receive a per-diem where the primary member is unable to attend the
proceeding.

 
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

The Emergency Tenant Protection Act of 1974 provides for the creation of
a rent guidelines board when the municipality determines an emergency
exists under section three of the act. This bill would provide that,
upon the absence of a regular member of the board, an alternate member
would be made available at the same salary. The administrative code of
New York City will be affected similarly.

 
JUSTIFICATION:

Too often, rent guidelines board meetings do not have the required
number of representative members in attendance due to a variety of
reasons. (Absences, illness, other business etc.) This bill provides
that, for each of the representative groups, one alternate member shall
be appointed to vote in the place of an absent regular member.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S.3800 - Referred to Housing, Construction, and Community
Development

 
FISCAL IMPLICATION FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law, with provisions.

2019-S2219 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2219
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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.

                                                            LBD05469-01-9

 S. 2219                             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 THIS
 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.
   § 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.

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