A00972 Summary:

MLTSPNSRColton, Cymbrowitz, Farrell, Gottfried, Rivera
Amd S226-b, RP L
Requires the division of housing and community renewal to promulgate forms which a landlord of a rent regulated unit in a building with four or more such units shall be required to use when requesting additional information from a tenant who has made a request to sublet.
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A00972 Actions:

01/08/2015referred to housing
01/06/2016referred to housing
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A00972 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Rosenthal (MS)
  TITLE OF BILL: An act to amend the real property law, in relation to the landlord's request for information regarding a request to sublet   PURPOSE OR GENERAL IDEA OF BILL: This bill would require that in buildings with four or more units in New York City and the downstate counties landlords considering tenant requests to sublet could use only questions and forms from the Division of Housing and Community Renewal (DHCR) to obtain additional information from tenants.   SUMMARY OF SPECIFIC PROVISIONS: Subdivision four of section 226-b of the real property law would be amended to specify that landlords of units subject to the Emergency Tenant Protection Act of 1974 and the Rent Stabilization Law of 1969 who demand additional information from tenants who have submitted requests to sublet must do so on forms promulgated by the (DHCR) and including only questions provided by the Division. The forms would have to be promulgated within 30 days after the bill became law and would have to vary to accommodate the differing sublet- ting standards under the various applicable laws.   JUSTIFICATION: Landlords are supplying excessively lengthy lists of unnecessary questions to tenants who wish to sublet. The Division form would provide a check on this and could be expected to assure that only reasonably necessary questions are asked. While the courts have supported the right of tenants to refuse to complete unnecessary ques- tionnaires, tenants should not have to go to court or risk refusal of permission to sublet.   PRIOR LEGISLATIVE HISTORY: A.241 of 2013-2014 A.1778 of 2011-2012   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This bill would take effect immediately and would apply to sublease requests mailed to a landlord on or after the date the form is promulgated by the Division.
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A00972 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                     January 8, 2015
        Introduced  by  M. of A. ROSENTHAL, ORTIZ -- Multi-Sponsored by -- M. of
          A. COLTON, CYMBROWITZ, FARRELL, GOTTFRIED, RIVERA  --  read  once  and
          referred to the Committee on Housing
        AN  ACT  to  amend  the real property law, in relation to the landlord's
          request for information regarding a request to sublet
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 4 of section 226-b of the real property law, as
     2  added by chapter 403 of the laws of 1983, is amended to read as follows:
     3    4.  With  respect  to units covered by the emergency tenant protection
     4  act of nineteen seventy-four or the rent stabilization law  of  nineteen
     5  hundred  sixty-nine  the  exercise of the rights granted by this section
     6  shall be subject to the applicable provisions of such laws. In the  case
     7  of  such  units, any request for additional information made pursuant to
     8  paragraph (c) of subdivision two of this section  shall  be  upon  forms
     9  promulgated  by  the division of housing and community renewal and shall
    10  include only those questions provided by the division. Nothing contained
    11  in this section [two hundred twenty-six-b] shall be deemed to affect the
    12  rights, if any, of any tenant subject to [title Y of chapter 51] chapter
    13  three of title twenty-six of the administrative code of the city of  New
    14  York or the emergency housing rent control law.
    15    §  2.  Within  thirty days after this act shall have become a law, the
    16  division of housing and community renewal shall promulgate such forms as
    17  shall be required to effectuate the provisions of section  one  of  this
    18  act. Such forms shall vary to accommodate the differing standards appli-
    19  cable  to  subletting under the various laws and codes governing sublet-
    20  ting.
    21    § 3. This act shall take effect immediately and shall  apply  to  sub-
    22  lease  requests  mailed  to  a  landlord  on  or after the date the form
    23  provided for by this act is promulgated by the division of  housing  and
    24  community renewal.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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