NY State Senate Bill 2021-S9151

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 11, 2022	referred to housing, construction and community development

2021-S9151 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Emergency Tenant Protection Act of 1974
Laws Affected:: Amd §3, Emerg Ten Prot Act of 1974
Versions Introduced in 2023-2024 Legislative Session:: S1684

2021-S9151 (ACTIVE) - Summary

Relates to the information to be included in vacancy rate studies.

2021-S9151 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9151

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the emergency tenant protection act of nineteen seven-
ty-four, in relation to studies to determine vacancy rates

 
PURPOSE:

To require owners of property to complete in a timely manner a survey
distributed by a municipality to determine the vacancy rate in said
municipality.

 
SUMMARY OF PROVISIONS:

Section 1: When requested by a municipality as part of a survey to
determine its vacancy rate, properties that were built before nineteen
hundred seventy-four shall provide current rent rolls of records and, if
available, records for the past three years. Includes minimum required
survey criteria.

Refusal by a residential rental property owner, operator, or manager or
a homeowner to participate in such vacancy study can incur a fine of up
to $1,000. A nonrespondent landlord or rental property owner shall be
deemed to have a zero vacancy rate.

Section 2: Effective Date.

 
JUSTIFICATION:

New York State is facing an unprecedented housing crisis - especially
among the renting population. In 2019, the Housing Stability and Tenant
Protection Act was passed that, among other things, allowed for munici-
palities to opt into tenant protection regulations if their municipality
had a vacancy rate less than 5%. This vacancy rate was to be determined
by the completion of a survey by property owners within a given munici-
pality.

Since the law was enacted, there have been attempts by several munici-
palities across the state to obtain vacancy rate surveys, but they have
been stymied by property owners who choose to not complete the surveys
or deliberately manipulate data for the date or month of the survey.
Most recently, both the City of Kingston in Ulster County and the City
of Rochester attempted surveys, but many landlords ignored requests or
shared inaccurate information leading to results that did reflect true
vacancy rates. This legislation would require property owners with
buildings having six or more units to complete and submit a vacancy rate
survey when asked by a municipality or designee of the municipality to
ensure that cities who choose to undergo this opportunity are able to
get accurate information. Failure to submit can result in the loss of a
permit of occupancy or a fine by the municipality and the property will
be deemed to have a zero vacancy rate.

 
LEGISLATIVE HISTORX:

New bill

 
FISCAL IMPACT:
None to state.

 
EFFECTIVE DATE:
Immediately.

2021-S9151 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9151
 
                             I N  S E N A T E
 
                               May 11, 2022
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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 studies to determine vacancy rates
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 3 of section 4 of chapter 576 of the laws of 1974,
 constituting  the  emergency  tenant protection act of nineteen seventy-
 four, is amended by adding four new subdivisions d, e, f, and g to  read
 as follows:
   D.  WHEN  REQUESTED  BY  A  MUNICIPALITY OR A DESIGNEE, AS A PART OF A
 STUDY TO DETERMINE ITS VACANCY RATE,  RESIDENTIAL  RESIDENTS,  INCLUDING
 RESIDENTIAL  TENANTS,  RESIDENTIAL RENTAL PROPERTY OWNERS, OPERATORS, OR
 MANAGERS, AND HOMEOWNERS SHALL PROVIDE CURRENT  RENT  ROLLS  OF  RECORDS
 AND, IF AVAILABLE, RECORDS FOR THE PAST THREE YEARS.  SUCH RECORDS SHALL
 INCLUDE THE TENANT'S RELEVANT INFORMATION RELATING TO FINDING THE VACAN-
 CY  RATE  OF  SUCH  MUNICIPALITY  INCLUDING BUT NOT LIMITED TO THE NAME,
 ADDRESS, AND AMOUNT PAID OR CHARGED ON  A  WEEKLY,  MONTHLY,  OR  ANNUAL
 BASIS  FOR  EACH  UNIT  OR HOME AND WHICH UNITS ARE CURRENTLY VACANT AND
 MOVE IN READY OR UNDER CONSTRUCTION.
   E. REFUSAL BY A RESIDENTIAL RENTAL PROPERTY OWNER, OPERATOR, OR MANAG-
 ER OR A HOMEOWNER TO PARTICIPATE IN SUCH  VACANCY  STUDY  AND  COOPERATE
 WITH THE MUNICIPALITY OR A DESIGNEE IN SUCH VACANCY STUDY, OR SUBMISSION
 OF  KNOWINGLY  AND INTENTIONALLY FALSE VACANCY INFORMATION MAY BE DEEMED
 CAUSE TO DENY A RENTAL PERMIT OR CERTIFICATE OF OCCUPANCY FOR  A  RENTAL
 UNIT.    SUCH MUNICIPALITY MAY ADDITIONALLY IMPOSE A FINE OR FEE ON SUCH
 RESIDENTIAL RENTAL PROPERTY OWNER, OPERATOR, OR MANAGER OR HOMEOWNER  OF
 UP TO ONE THOUSAND DOLLARS.
   F.  A  NONRESPONDENT LANDLORD OR RENTAL PROPERTY OWNER SHALL BE DEEMED
 TO HAVE A ZERO VACANCY RATE.
   G. IDENTIFYING DATA OR INFORMATION  SHALL  BE  KEPT  CONFIDENTIAL  AND
 SHALL  NOT BE SHARED, TRADED, GIVEN, OR SOLD TO ANY OTHER ENTITY FOR ANY
 PURPOSE OUTSIDE OF SUCH VACANCY STUDY. DISAGGREGATE DATA AND INFORMATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14193-02-2
 S. 9151                             2
 
 MAY BE SHARED WITH OTHER GOVERNMENTAL AGENCIES INCLUDING BUT NOT LIMITED
 TO THE OFFICE OF COURT ADMINISTRATION.
   § 2.  This act shall take effect immediately.

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Senate Bill S9151

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

2021-S9151 (ACTIVE) - Details

2021-S9151 (ACTIVE) - Summary

2021-S9151 (ACTIVE) - Sponsor Memo

2021-S9151 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9151

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Sponsored By

Michelle Hinchey

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

2021-S9151 (ACTIVE) - Details

2021-S9151 (ACTIVE) - Summary

2021-S9151 (ACTIVE) - Sponsor Memo

2021-S9151 (ACTIVE) - Bill Text download pdf

Comments