S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    245
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the real property law,  in  relation  to  violations  of
   certain  notice  requirements; and to amend the real property tax law,
   in relation to prohibiting landlords from including incorrect informa-
   tion relating to rent decontrol in certain leases and renewals thereof
   and requires the standardization  of  certain  notices  pertaining  to
   units subject to the Affordable New York Housing Program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property law is amended by adding  a  new  section
 235-j to read as follows:
   § 235-J. WILLFUL VIOLATIONS OF CERTAIN NOTICE REQUIREMENTS. A LANDLORD
 OR  ANY  PERSON  ACTING ON BEHALF OF THE LANDLORD WHO WILLFULLY INCLUDES
 INFORMATION HE OR SHE KNOWS TO BE MISLEADING OR INCORRECT INFORMATION IN
 ANY NOTICE PROVIDED PURSUANT TO SUBPARAGRAPH (II) OF  PARAGRAPH  (F)  OR
 FAILS  TO  PROVIDE THE STANDARDIZED RIDER PURSUANT TO PARAGRAPH (F-1) OF
 SUBDIVISION TWO OF SECTION FOUR HUNDRED TWENTY-ONE-A OF THE REAL PROPER-
 TY TAX LAW IS GUILTY OF A VIOLATION PUNISHABLE BY A FINE OF ONE THOUSAND
 DOLLARS.
   § 2. Subparagraph (ii) of paragraph (f) of subdivision  2  of  section
 421-a  of  the  real  property tax law, as amended by chapter 289 of the
 laws of 1985, is amended to read as follows:
   (ii) with respect to units which become subject to the  provisions  of
 this  section  after  the  effective date of this subparagraph, such tax
 benefit period as provided in the opening paragraph of this paragraph or
 applicable law or act shall have  expired  and  either  each  lease  and
 renewal thereof for such unit for the tenant in residence at the time of
 such  decontrol  has  included  a  notice  in at least twelve point type
 informing such tenant that the unit shall become subject to such  decon-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00673-01-3
 A. 245                              2
 
 trol  upon  the expiration of such tax benefit period as provided in the
 opening paragraph of this paragraph or applicable law or act and  states
 the approximate date on which such tax benefit period as provided in the
 opening paragraph of this paragraph is scheduled to expire; or such unit
 becomes  vacant  as  provided  under subparagraph (i) of this paragraph.
 NOTWITHSTANDING THE PROVISIONS OF THIS SUBPARAGRAPH, THE NOTICE REQUIRED
 BY THIS SUBDIVISION SHALL NOT BE INCLUDED IN ANY LEASE OR RENEWAL THERE-
 OF IF THE UNIT TO WHICH THE  LEASE  OR  RENEWAL  THEREOF  PERTAINS  WILL
 REMAIN  SUBJECT  TO RENT REGULATION OR RENT CONTROL PURSUANT TO AN ADDI-
 TIONAL TAX EXEMPTION OR RENT STABILIZATION PROGRAM AFTER THE  EXPIRATION
 OF  THE  TAX BENEFIT PERIOD AS PROVIDED IN THE OPENING PARAGRAPH OF THIS
 PARAGRAPH. NEITHER A LANDLORD NOR ANY PERSON ACTING  ON  BEHALF  OF  THE
 LANDLORD SHALL INCLUDE INCORRECT OR MISLEADING INFORMATION IN ANY NOTICE
 PROVIDED PURSUANT TO THIS SUBPARAGRAPH.
   §  3.  Subdivision  2 of section 421-a of the real property tax law is
 amended by adding a new paragraph (f-1) to read as follows:
   (F-1) THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL  SHALL  STAND-
 ARDIZE  THE NOTICE TO BE PROVIDED BY LANDLORDS TO THEIR TENANTS PURSUANT
 TO SUBPARAGRAPH (II) OF PARAGRAPH (F) OF THIS SUBDIVISION.  SUCH  NOTICE
 SHALL  BE  PRINTED  IN  AT LEAST TWELVE POINT TYPE AND SHALL INCLUDE THE
 FOLLOWING LANGUAGE:
                      421-A STANDARD RIDER FACT SHEET
   ANY HOUSING UNIT THAT RECEIVES TAX BENEFITS UNDER SECTION 421-A OF THE
 NEW YORK STATE REAL PROPERTY LAW WILL REMAIN AFFORDABLE FOR A PERIOD  OF
 TIME  DEPENDING  ON  A VARIETY OF FACTORS, INCLUDING THE LOCATION OF THE
 UNIT, THE COMMENCEMENT OF CONSTRUCTION  AND  THE  AFFORDABILITY  IN  THE
 PROJECT. FAILURE TO PROVIDE THE INITIAL STANDARDIZED RIDER MAY RESULT IN
 THE  UNIT  REMAINING  RENT  STABILIZED  FOR THE DURATION OF THE TENANCY.
 SPECIFIC DETAILS RELATED TO YOUR UNIT ARE  LISTED  ON  THE  NEXT  SHEET.
 WHILE  YOUR UNIT RECEIVES 421-A TAX BENEFITS, IT WILL BE SUBJECT TO RENT
 STABILIZATION. NEW YORK STATE'S RENT REGULATION LAWS PROVIDE TENANTS  IN
 RENT-STABILIZED   APARTMENTS   WITH   A  VARIETY  OF  LEGAL  RIGHTS  AND
 PROTECTIONS.  THE OWNER OF YOUR BUILDING MUST PROVIDE YOU WITH  A  RENT-
 STABILIZED  LEASE  WHEN  YOU  FIRST MOVE IN AND ALSO EACH TIME YOU RENEW
 YOUR LEASE FOR YOUR CHOICE OF EITHER A ONE OR TWO YEAR TERM, FOR AS LONG
 AS YOUR APARTMENT REMAINS STABILIZED.
   YOU ARE ENTITLED TO CONTINUOUS LEASE RENEWALS WHILE YOUR APARTMENT  IS
 RENT  STABILIZED.  WHEN  YOU  RENEW  YOUR  LEASE,  YOUR RENT MAY ONLY BE
 INCREASED BY AN AMOUNT DETERMINED BY NEW YORK  STATE'S  RENT  REGULATION
 LAWS,       WHICH       MAY       BE       FOUND       BY       VISITING
 HTTPS://RENTGUIDELINESBOARD.CITYOFNEWYORK.US/RESOURCES/RENT-REGULATION-
 LAWS/, AND PERMITTED BY APPLICABLE TAX BENEFIT LAWS.
   RENT INCREASES FOR RENT-STABILIZED TENANTS ARE DETERMINED BY  THE  NEW
 YORK  CITY  RENT  GUIDELINES BOARD, AND MAY ONLY INCREASE BY A SPECIFIED
 AMOUNT WITHIN A ONE-YEAR OR TWO-YEAR LEASE TERM. FOR  MORE  INFORMATION,
 PLEASE  VISIT HTTPS://RENTGUIDELINESBOARD.CITYOFNEWYORK.US/ OR CALL 311.
 RENT-STABILIZED TENANTS ARE ALSO ENTITLED TO PETITION THE NEW YORK STATE
 HOMES AND COMMUNITY RENEWAL BY VISITING HTTPS://HCR.NY.GOV/  OR  CALLING
 (212) 480-6238.
                         421-A RIDER - UNIT NUMBER
   AS A RENT-REGULATED TENANT, YOUR RIGHTS ARE DETERMINED BY 421-A OF THE
 NEW  YORK STATE REAL PROPERTY LAW. FOR MORE INFORMATION, YOU MAY CONTACT
 NEW YORK STATE HOUSING AND COMMUNITY RENEWAL BY CALLING  (212)  480-6238
 OR VISITING HTTPS://HCR.NY.GOV/ OR THE NEW YORK CITY DEPARTMENT OF HOUS-
 ING      PRESERVATION      BY      CALLING      311      OR     VISITING
 HTTPS://WWW1.NYC.GOV/SITE/HPD/INDEX.PAGE.
 A. 245                              3
 
 THE FIRST RENT AS OF DATE OF INITIAL LEASE COMMENCEMENT FOR UNIT  APART-
 MENT NUMBER___ IS AMOUNT ___.
 BECAUSE  UNIT NUMBER ____RECEIVES A 421-A TAX ABATEMENT, IT WILL BE RENT
 REGULATED UNTIL AT LEAST MM/DD/YYYY.
 CONSTRUCTION COMMENCED ON  YOUR  BUILDING,  LOCATED  AT  ADDRESS  ____ON
 MM/DD/YYYY.
 CONSTRUCTION WAS COMPLETED ON MM/DD/YYYY.
 ON  (MM/DD/YYYY SPECIFIC TO TENANT), YOUR LANDLORD CAN BEGIN TO INCREASE
 THE RENT FOR UNIT NUMBER BY 2.2% EACH YEAR.
   THE 421-A BENEFITS FOR UNIT NUMBER EXPIRE ON (MM/DD/YYYY).  AFTER  THE
 EXPIRATION OF THE 421-A TAX ABATEMENT, YOUR UNIT WILL ___ (EITHER REMAIN
 RENT-STABILIZED  FOR  THE  DURATION  OF  YOUR  TENANCY OR CONTINUE TO BE
 PROTECTED DUE TO ADDITIONAL PROGRAMS OUTLINED BELOW).
   UNIT NUMBER ALSO RECEIVES (LIST ANY OTHER CITY, STATE, FEDERAL AFFORD-
 ABILITY PROGRAM) AND (THE IMPACT  THAT  HAS  ON  THE  UNIT'S  CONTINUING
 AFFORDABILITY, THE DATE ON WHICH THOSE BENEFITS EXPIRE AND THE IMPACT OF
 THE EXPIRATION OF THOSE BENEFITS ON THE UNIT).
   IF  YOU BELIEVE THAT ANY OF THE INFORMATION CONTAINED IN THIS RIDER IS
 INCORRECT, CONTACT NEW YORK STATE HOMES AND COMMUNITY RENEWAL BY CALLING
 (212) 480-6238 OR VISITING HTTPS://HCR.NY.GOV/  OR  THE  NEW  YORK  CITY
 DEPARTMENT   OF   HOUSING   PRESERVATION  BY  CALLING  311  OR  VISITING
 HTTPS://WWW1.NYC.GOV/SITE/HPD/INDEX.PAGE.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law and shall apply to all leases entered into, renewed or
 extended  on  and  after  such effective date. Effective immediately the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such date.