S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    429
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens. KRUEGER, RIVERA -- 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 administrative code of the city of New York and the
   real property tax law,  in  relation  to  notice  regarding  the  rent
   increase  exemption  for  low  income elderly persons and persons with
   disabilities programs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The administrative code of the city of New York is amended
 by adding a new section 26-605.2 to read as follows:
   § 26-605.2 REQUIRED NOTICE. (A) A TENANT RESIDING IN A  DWELLING  UNIT
 SUBJECT  TO  THE  PROVISIONS OF THIS CHAPTER SHALL BE FURNISHED A NOTICE
 INFORMING SUCH TENANT ABOUT HIS OR HER POTENTIAL ELIGIBILITY FOR A  RENT
 INCREASE  EXEMPTION  PURSUANT  TO THIS CHAPTER AND THE REAL PROPERTY TAX
 LAW. THE FORM AND CONTENT OF SUCH NOTICE SHALL  BE  PROMULGATED  BY  THE
 COMMISSIONER OF FINANCE AND SHALL INCLUDE THE STATEMENT:
   "YOU  MAY  BE  ELIGIBLE TO HAVE YOUR RENT FROZEN IF YOU ARE AGED 62 OR
 OVER OR DISABLED, HAVE AN ANNUAL HOUSEHOLD INCOME OF $50,000 OR LESS AND
 PAY MORE THAN ONE-THIRD OF YOUR INCOME TOWARD YOUR RENT. FOR MORE INFOR-
 MATION ABOUT YOUR ELIGIBILITY TO HAVE YOUR  RENT  FROZEN,  CALL  311  OR
 VISIT (INSERT URL OF THE CURRENT WEBSITE OF THE AGENCY DESIGNATED)."
   (B)  THE  NOTICE  REQUIRED BY SUBDIVISION (A) OF THIS SECTION SHALL BE
 FURNISHED BY THE FOLLOWING AGENCIES OR INDIVIDUALS AT THE SAME  TIME  AS
 THE NOTICE REQUIRED BY THE OCCURRENCE OF THE FOLLOWING EVENTS:
   (1)  THE  STATE  COMMISSIONER  OF  HOUSING AND COMMUNITY RENEWAL SHALL
 PROVIDE SUCH NOTICE TO A TENANT IN THE EVENT OF:
   (I) RECEIPT OF AN APPLICATION FOR A RENT ADJUSTMENT  DUE  TO  A  MAJOR
 CAPITAL IMPROVEMENT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00697-01-3
              

 S. 429                              2
 
   (II)  A  RENT  INCREASE  PURSUANT TO SECTION THIRTY-ONE OF THE PRIVATE
 HOUSING FINANCE LAW;
   (III)  RECEIPT OF THE ANNUAL CERTIFICATION REQUIRED BY SECTION THIRTY-
 ONE OF THE PRIVATE HOUSING FINANCE LAW; AND
   (IV) FOR DWELLING UNITS SUBJECT TO CHAPTER  THREE  OF  THIS  TITLE,  A
 MAXIMUM BASE RENT ADJUSTMENT OR HEATING FUEL COST ADJUSTMENT PURSUANT TO
 PARAGRAPH ONE OF SUBDIVISION G OF SECTION 26-405 OF THIS TITLE.
   (2)  THE  COMMISSIONER  OF  HOUSING PRESERVATION AND DEVELOPMENT SHALL
 PROVIDE SUCH NOTICE TO A TENANT WHEN A LEASE  RIDER  IS  REQUIRED  BY  9
 NYCRR  2522.5(E)(2) FOR A LEASE CONTAINING AN ESCALATOR CLAUSE PROVIDING
 FOR AN ANNUAL OR OTHER PERIODIC 2.2 PERCENT RENT INCREASE FOR  BUILDINGS
 RECEIVING  BENEFITS PURSUANT TO SECTION FOUR HUNDRED TWENTY-ONE-A OF THE
 REAL PROPERTY TAX LAW.
   (3) THE LANDLORD OF A DWELLING UNIT SHALL PROVIDE  SUCH  NOTICE  TO  A
 TENANT:
   (I) WITH AN INITIAL LEASE AND ANY RENEWAL LEASE; AND
   (II)  UPON  THE  ANNUAL  REGISTRATION  OF  A  HOUSING ACCOMMODATION AS
 REQUIRED BY SECTION 26-517 OF THIS TITLE.
   (C) WHEN NOTICE IS FURNISHED PURSUANT  TO  PARAGRAPH  ONE  OR  TWO  OF
 SUBDIVISION  (B)  OF  THIS  SECTION,  SUCH NOTICE SHALL INCLUDE SPECIFIC
 INFORMATION AS TO THE AGENCY PROVIDING SUCH NOTICE.
   § 2. Subdivision 3 of section 467-b of the real property  tax  law  is
 amended by adding a new paragraph j to read as follows:
   J.  (1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A TENANT
 RESIDING IN A DWELLING UNIT SUBJECT TO THE PROVISIONS  OF  THIS  SECTION
 SHALL  BE  FURNISHED  A  NOTICE  INFORMING  SUCH TENANT ABOUT HIS OR HER
 POTENTIAL ELIGIBILITY FOR A RENT INCREASE  EXEMPTION  PURSUANT  TO  THIS
 SECTION.    THE  FORM AND CONTENT OF SUCH NOTICE SHALL BE PROMULGATED BY
 THE STATE COMMISSIONER OF TAXATION AND FINANCE  AND  SHALL  INCLUDE  THE
 STATEMENT:
   "YOU  MAY  BE  ELIGIBLE TO HAVE YOUR RENT FROZEN IF YOU ARE AGED 62 OR
 OVER OR DISABLED, MEET HOUSEHOLD INCOME REQUIREMENTS AND PAY  MORE  THAN
 ONE-THIRD  OF  YOUR INCOME TOWARDS YOUR RENT. FOR MORE INFORMATION ABOUT
 YOUR ELIGIBILITY TO HAVE YOUR RENT FROZEN, CALL (INSERT PHONE NUMBER  OF
 THE  AGENCY  DESIGNATED)  OR VISIT (INSERT URL OF THE CURRENT WEBSITE OF
 THE AGENCY DESIGNATED)."
   (2) THE NOTICE REQUIRED BY SUBPARAGRAPH ONE OF THIS PARAGRAPH SHALL BE
 FURNISHED BY THE FOLLOWING AGENCIES OR INDIVIDUALS AT THE SAME  TIME  AS
 THE NOTICE REQUIRED BY THE OCCURRENCE OF THE FOLLOWING EVENTS:
   (A)  THE  STATE  COMMISSIONER  OF  HOUSING AND COMMUNITY RENEWAL SHALL
 PROVIDE SUCH NOTICE TO A TENANT IN THE EVENT OF:
   (I) RECEIPT OF AN APPLICATION FOR A RENT ADJUSTMENT  DUE  TO  A  MAJOR
 CAPITAL IMPROVEMENT;
   (II)  A  RENT  INCREASE  PURSUANT TO SECTION THIRTY-ONE OF THE PRIVATE
 HOUSING FINANCE LAW;
   (III) RECEIPT OF THE ANNUAL CERTIFICATION REQUIRED BY SECTION  THIRTY-
 ONE OF THE PRIVATE HOUSING FINANCE LAW; AND
   (IV)  FOR  DWELLING UNITS SUBJECT TO CHAPTER THREE OF TITLE TWENTY-SIX
 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, A MAXIMUM BASE  RENT
 ADJUSTMENT  OR HEATING FUEL COST ADJUSTMENT PURSUANT TO PARAGRAPH ONE OF
 SUBDIVISION G OF SECTION 26-405 OF THE ADMINISTRATIVE CODE OF  THE  CITY
 OF NEW YORK.
   (B)  THE  COMMISSIONER  OF  HOUSING PRESERVATION AND DEVELOPMENT SHALL
 PROVIDE SUCH NOTICE TO A TENANT WHEN A LEASE  RIDER  IS  REQUIRED  BY  9
 NYCRR  2522.5(E)(2) FOR A LEASE CONTAINING AN ESCALATOR CLAUSE PROVIDING
 FOR AN ANNUAL OR OTHER PERIODIC 2.2 PERCENT RENT INCREASE FOR  BUILDINGS
 S. 429                              3
 
 RECEIVING BENEFITS PURSUANT TO SECTION FOUR HUNDRED TWENTY-ONE-A OF THIS
 TITLE.
   (C)  THE  LANDLORD  OF  A DWELLING UNIT SHALL PROVIDE SUCH NOTICE TO A
 TENANT:
   (I) WITH AN INITIAL LEASE AND ANY RENEWAL LEASE; AND
   (II) UPON THE  ANNUAL  REGISTRATION  OF  A  HOUSING  ACCOMMODATION  AS
 REQUIRED BY SECTION 26-517 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW
 YORK.
   (3)  WHEN  NOTICE  IS FURNISHED PURSUANT TO ITEM (I) OR (II) OF CLAUSE
 (A) OF SUBPARAGRAPH TWO OF THIS PARAGRAPH,  SUCH  NOTICE  SHALL  INCLUDE
 SPECIFIC INFORMATION AS TO THE AGENCY PROVIDING SUCH NOTICE.
   §  3.  Subdivision  3 of section 467-c of the real property tax law is
 amended by adding a new paragraph e to read as follows:
   E. (1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A  TENANT
 RESIDING  IN  A  DWELLING UNIT SUBJECT TO THE PROVISIONS OF THIS SECTION
 SHALL BE FURNISHED A NOTICE INFORMING  SUCH  TENANT  ABOUT  HIS  OR  HER
 POTENTIAL  ELIGIBILITY  FOR  A  RENT INCREASE EXEMPTION PURSUANT TO THIS
 SECTION.  THE FORM AND CONTENT OF SUCH NOTICE SHALL  BE  PROMULGATED  BY
 THE  STATE  COMMISSIONER  OF  TAXATION AND FINANCE AND SHALL INCLUDE THE
 STATEMENT:
   "YOU MAY BE ELIGIBLE TO HAVE YOUR RENT FROZEN IF YOU ARE  AGED  62  OR
 OVER  OR  DISABLED, MEET HOUSEHOLD INCOME REQUIREMENTS AND PAY MORE THAN
 ONE-THIRD OF YOUR INCOME TOWARDS YOUR RENT. FOR MORE  INFORMATION  ABOUT
 YOUR  ELIGIBILITY TO HAVE YOUR RENT FROZEN, CALL (INSERT PHONE NUMBER OF
 THE AGENCY DESIGNATED) OR VISIT (INSERT URL OF THE  CURRENT  WEBSITE  OF
 THE AGENCY DESIGNATED)."
   (2) THE NOTICE REQUIRED BY SUBPARAGRAPH ONE OF THIS PARAGRAPH SHALL BE
 FURNISHED  BY  THE FOLLOWING AGENCIES OR INDIVIDUALS AT THE SAME TIME AS
 THE NOTICE REQUIRED BY THE OCCURRENCE OF THE FOLLOWING EVENTS:
   (A) THE STATE COMMISSIONER OF  HOUSING  AND  COMMUNITY  RENEWAL  SHALL
 PROVIDE SUCH NOTICE TO A TENANT IN THE EVENT OF:
   (I)  RECEIPT  OF  AN  APPLICATION FOR A RENT ADJUSTMENT DUE TO A MAJOR
 CAPITAL IMPROVEMENT;
   (II) A RENT INCREASE PURSUANT TO SECTION  THIRTY-ONE  OF  THE  PRIVATE
 HOUSING FINANCE LAW;
   (III)  RECEIPT OF THE ANNUAL CERTIFICATION REQUIRED BY SECTION THIRTY-
 ONE OF THE PRIVATE HOUSING FINANCE LAW; AND
   (IV) FOR DWELLING UNITS SUBJECT TO CHAPTER THREE OF  TITLE  TWENTY-SIX
 OF  THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, A MAXIMUM BASE RENT
 ADJUSTMENT OR HEATING FUEL COST ADJUSTMENT PURSUANT TO PARAGRAPH ONE  OF
 SUBDIVISION  G  OF SECTION 26-405 OF THE ADMINISTRATIVE CODE OF THE CITY
 OF NEW YORK.
   (B) THE LANDLORD OF A DWELLING UNIT SHALL PROVIDE  SUCH  NOTICE  TO  A
 TENANT:
   (I) WITH AN INITIAL LEASE AND ANY RENEWAL LEASE; AND
   (II) UPON THE ANNUAL REGISTRATION OF A HOUSING ACCOMMODATION.
   (3)  WHEN  NOTICE  IS FURNISHED PURSUANT TO CLAUSE (A) OF SUBPARAGRAPH
 TWO OF THIS PARAGRAPH, SUCH NOTICE SHALL INCLUDE SPECIFIC INFORMATION AS
 TO THE AGENCY PROVIDING SUCH NOTICE.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law.    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 effective date.