STATE OF NEW YORK
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1684--A
Cal. No. 885
2023-2024 Regular Sessions
IN SENATE
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:
1 Section 1. Section 3 of section 4 of chapter 576 of the laws of 1974,
2 constituting the emergency tenant protection act of nineteen seventy-
3 four, is amended by adding four new subdivisions d, e, f, and g to read
4 as follows:
5 d. When requested by a municipality or a designee, as a part of a
6 study to determine its vacancy rate, owners, or their agent, of housing
7 accommodations in the class of housing accommodations determined, shall
8 provide the most recent records of rent rolls and, if available, records
9 for the preceding thirty-six months. Such records shall include the
10 tenant's relevant information relating to finding the vacancy rate of
11 such municipality including but not limited to the name, address, and
12 amount paid or charged on a weekly, monthly, or annual basis for each
13 occupied housing accommodation and which housing accommodations are
14 vacant at the time of the survey and available for rent. Such records
15 shall also include any housing accommodations that are vacant and not
16 available for rent and provide the reason why such unit is not available
17 for rent.
18 e. Refusal by an owner or their agent to participate in such vacancy
19 survey and cooperate with the municipality or a designee in such vacancy
20 survey, or submission of knowingly and intentionally false vacancy
21 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
1 of occupancy for a housing accommodation. Such municipality may addi-
2 tionally impose a civil penalty or fee on such owner or their agent of
3 up to one thousand dollars.
4 f. A nonrespondent owner shall be deemed to have zero vacancies.
5 g. Identifying data or information shall be kept confidential and
6 shall not be shared, traded, given, or sold to any other entity for any
7 purpose outside of such vacancy study.
8 § 2. This act shall take effect immediately.
