S T A T E   O F   N E W   Y O R K
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                                  1684--A
     Cal. No. 885
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by  Sens.  HINCHEY,  BROUK, COONEY -- read twice and ordered
   printed, and when printed to be committed to the Committee on Housing,
   Construction and Community Development -- reported favorably from said
   committee, ordered to first and second  report,  ordered  to  a  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 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, OWNERS, OR THEIR AGENT, OF HOUSING
 ACCOMMODATIONS IN THE CLASS OF HOUSING ACCOMMODATIONS DETERMINED,  SHALL
 PROVIDE THE MOST RECENT RECORDS OF RENT ROLLS AND, IF AVAILABLE, RECORDS
 FOR  THE  PRECEDING  THIRTY-SIX MONTHS.   SUCH RECORDS SHALL INCLUDE THE
 TENANT'S RELEVANT INFORMATION RELATING TO FINDING THE  VACANCY  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
 OCCUPIED  HOUSING  ACCOMMODATION  AND  WHICH  HOUSING ACCOMMODATIONS ARE
 VACANT AT THE TIME OF THE SURVEY AND AVAILABLE FOR  RENT.  SUCH  RECORDS
 SHALL  ALSO  INCLUDE  ANY HOUSING ACCOMMODATIONS THAT ARE VACANT AND NOT
 AVAILABLE FOR RENT AND PROVIDE THE REASON WHY SUCH UNIT IS NOT AVAILABLE
 FOR RENT.
   E. REFUSAL BY AN OWNER OR THEIR AGENT TO PARTICIPATE IN  SUCH  VACANCY
 SURVEY AND COOPERATE WITH THE MUNICIPALITY OR A DESIGNEE IN SUCH VACANCY
 SURVEY,  OR  SUBMISSION  OF  KNOWINGLY  AND  INTENTIONALLY FALSE VACANCY
 INFORMATION MAY BE DEEMED CAUSE TO DENY A RENTAL PERMIT  OR  CERTIFICATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05739-03-3
 S. 1684--A                          2
 
 OF  OCCUPANCY  FOR  A HOUSING ACCOMMODATION. SUCH MUNICIPALITY MAY ADDI-
 TIONALLY IMPOSE A CIVIL PENALTY OR FEE ON SUCH OWNER OR THEIR  AGENT  OF
 UP TO ONE THOUSAND DOLLARS.
   F. A NONRESPONDENT OWNER SHALL BE DEEMED TO HAVE ZERO VACANCIES.
   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.
   § 2.  This act shall take effect immediately.