S T A T E O F N E W Y O R K
________________________________________________________________________
2811--A
2021-2022 Regular Sessions
I N S E N A T E
January 25, 2021
___________
Introduced by Sens. KAVANAGH, BIAGGI, RIVERA, SKOUFIS -- read twice and
ordered printed, and when printed to be committed to the Committee on
Housing, Construction and Community Development -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the executive law, the state finance law, the multiple
residence law and the multiple dwelling law, in relation to a state-
wide 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. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, AND IN FURTHERANCE OF CHAPTER FIFTY-
THREE OF THE LAWS OF TWO THOUSAND TWENTY-ONE ENACTING THE AID TO LOCALI-
TIES BUDGET AND APPROPRIATING FUNDS FOR COSTS ASSOCIATED WITH SERVICES
AND EXPENSES OF A LOCAL CODE ENFORCEMENT PROGRAM, THE SECRETARY OF STATE
IS AUTHORIZED AND DIRECTED TO USE SUCH FUNDS TO REIMBURSE LOCALITIES FOR
REASONABLE COSTS INCURRED TO COMPLY WITH THE PROVISIONS OF THIS SECTION.
THE SECRETARY IS FURTHER AUTHORIZED AND DIRECTED TO USE MONEYS HELD IN
THE FUND DESIGNATED FOR STATE ASSISTANCE TO LOCAL GOVERNMENTS FOR
SUPPORT OF ACTIVITIES RELATED TO FIRE PREVENTION AND BUILDING CODES
UNDER SECTION FIFTY-FOUR-G OF THE STATE FINANCE LAW FOR THE PURPOSE OF
IMPLEMENTING AND COMPLYING WITH THE PROVISIONS OF THIS SECTION AND TO
REIMBURSE LOCALITIES FOR REASONABLE COSTS INCURRED TO COMPLY WITH THE
PROVISIONS OF THIS SECTION. ANY FEES OR PENALTIES COLLECTED PURSUANT TO
THIS SECTION SHALL ALSO BE DEPOSITED INTO SUCH FUND AND MADE AVAILABLE
TO THE DEPARTMENT OF STATE AND TO ANY CITY, VILLAGE OR TOWN, AS NECES-
SARY, TO COVER SUCH REASONABLE COSTS.
2. THE SECRETARY SHALL ADMINISTER A STATEWIDE RESIDENTIAL RENTAL
REGISTRY PURSUANT TO THE REQUIREMENTS OF THIS SECTION AND SHALL DEVELOP
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04203-02-1
S. 2811--A 2
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.
3. 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) "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
(D) "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.
(E) "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.
(F) "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.
(G) "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.
(H) "PRIVATE DWELLING" MEANS ANY BUILDING OR STRUCTURE DESIGNED AND
OCCUPIED EXCLUSIVELY FOR RESIDENTIAL PURPOSES BY NOT MORE THAN ONE FAMI-
LY.
(I) "SECRETARY" MEANS THE SECRETARY OF STATE.
4. THE OWNER OF A COVERED DWELLING SHALL REGISTER SUCH DWELLING WITH
THE DEPARTMENT ANNUALLY IN ACCORDANCE WITH THE RULES AND REGULATIONS
PRESCRIBED BY THE SECRETARY, EXCEPT THAT REGISTRATION WITH THE DEPART-
MENT 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, PROVIDED THAT A PUBLIC ONLINE SEARCHABLE DATA-
BASE OF RESIDENTIAL RENTAL UNITS REGISTERED WITH SUCH LOCAL GOVERNMENT
SHALL BE AVAILABLE AND SHALL COMPLY WITH THE REQUIREMENTS APPLICABLE TO
THE ONLINE DATABASE PROVIDED FOR IN SUBDIVISION EIGHT OF THIS SECTION.
S. 2811--A 3
5. AN OWNER WHO IS REQUIRED TO REGISTER UNDER THIS SECTION AND WHO
FAILS TO REGISTER: (A) SHALL BE SUBJECT TO A CIVIL PENALTY OF TWENTY-
FIVE DOLLARS PER RESIDENTIAL UNIT CONTAINED IN THE COVERED DWELLING FOR
EACH YEAR IN WHICH SUCH COVERED DWELLING IS NOT REGISTERED AS REQUIRED
UNDER THIS SECTION, AND IN NO EVENT SHALL A COVERED DWELLING BE CONSID-
ERED 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 PROP-
ERTY ACTIONS AND PROCEEDINGS LAW, THE OWNER SHALL ALLEGE THAT THEY ARE
PROPERLY REGISTERED UNDER THIS SECTION.
6. THE SECRETARY SHALL DEVELOP AND MAINTAIN AN ONLINE PORTAL OR OTHER
ELECTRONIC MEANS FOR LOCAL GOVERNMENTS TO SUBMIT OR MAKE AVAILABLE TO
THE DEPARTMENT REGISTRATION AND CODE ENFORCEMENT VIOLATIONS AS REQUIRED
UNDER THIS SECTION. WHERE A LOCAL GOVERNMENT LACKS THE TECHNICAL CAPAC-
ITY TO COMPLY WITH ANY ASPECT OF THIS SECTION, THE DEPARTMENT SHALL
PROVIDE FINANCIAL AND TECHNICAL ASSISTANCE TO FACILITATE AND IMPROVE
SUCH CAPACITY, INCLUDING BUT NOT LIMITED TO THE CAPACITY TO COLLECT CODE
VIOLATION DATA IN A MACHINE-READABLE FORMAT FOR SUBMISSION TO THE
DEPARTMENT.
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 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 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;
(VIII) WHERE THE LOCAL GOVERNMENT REQUIRES REGULAR INSPECTION OF
RENTAL UNITS, THE DATE OF THE LAST INSPECTION IN EACH UNIT; AND
(IX) TO THE EXTENT PRACTICABLE, ANY VIOLATIONS ISSUED FOR A COVERED
DWELLING, TYPE OF SUCH VIOLATIONS, AND WHETHER THE PROPERTY OWNER OR THE
LOCAL GOVERNMENT'S RECORDS INDICATE THAT THE VIOLATIONS HAVE BEEN
CORRECTED.
(B) A SCHEDULE OF REASONABLE REGISTRATION FEES BASED ON THE TYPE OF
DWELLING AND NUMBER OF UNITS REGISTERED; AND
(C) THE PROCESS AND TIMEFRAME FOR UPDATING THE REGISTRATION UPON A
CHANGE IN TITLE, ADDRESS, OR MANAGING AGENT.
S. 2811--A 4
8. THE SECRETARY SHALL CREATE AND MAINTAIN THROUGH THE DEPARTMENT'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 INFORMATION SUBMITTED BY
LOCAL GOVERNMENTS AS REQUIRED BY THIS SECTION. SUCH REPORT SHALL
INCLUDE, BUT SHALL NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
(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
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 PURSUANT TO THIS SECTION AND ALL OTHER COMPUT-
ERIZED 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 ON JULY FIRST OF THE YEAR NEXT SUCCEEDING THE YEAR IN WHICH
THIS SECTION SHALL BECOME EFFECTIVE AND SHALL BE DUE BY JULY FIRST OF
EACH SUBSEQUENT YEAR. THE PUBLIC ONLINE SEARCHABLE DATABASE SHALL BE
ACTIVE AS SOON AS PRACTICABLE AND 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 THE SECRETARY DETER-
MINES THAT IT IS FEASIBLE TO INCLUDE RETROSPECTIVE INFORMATION WHERE
SUCH INFORMATION IS OTHERWISE AVAILABLE IN ELECTRONIC FORM.
§ 2. Subdivision 1 of section 54-g of the state finance law is amended
by adding a new paragraph c to read as follows:
C. BEGINNING ON THE EFFECTIVE DATE OF THIS PARAGRAPH, THE STATE SHALL
PROVIDE MONEYS TO THE DEPARTMENT OF STATE AND TO ANY CITY, VILLAGE OR
TOWN FOR REASONABLE COSTS OF ACTIVITIES NECESSARY TO IMPLEMENT AND
COMPLY WITH THE PROVISIONS OF SUCH SECTION, WITH SUCH AMOUNTS AND IN
SUCH MANNER DETERMINED BY THE SECRETARY OF STATE. ANY FEES OR PENALTIES
COLLECTED PURSUANT TO SUCH SECTION SHALL ALSO BE MADE AVAILABLE TO THE
S. 2811--A 5
DEPARTMENT OF STATE AND TO ANY CITY, VILLAGE OR TOWN, AS NECESSARY, TO
COVER SUCH REASONABLE COSTS.
§ 3. 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.
§ 4. 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
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.
§ 5. This act shall take effect immediately.
