Enacts the "housing transparency act"; requires the division of housing and community renewal to establish and maintain a statewide rental unit compliance registry for covered buildings within the state.
STATE OF NEW YORK
________________________________________________________________________
9346
IN SENATE
March 3, 2026
___________
Introduced by Sen. PARKER -- 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 real property law, in relation to enacting the
"housing transparency act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "housing transparency act".
3 § 2. Legislative findings. The legislature finds and declares that:
4 1. New York state is experiencing significant housing challenges,
5 including limited housing supply, inconsistent reporting of rental unit
6 occupancy status, and a lack of access to information regarding building
7 code compliance and habitability standards;
8 2. While existing state and local laws require compliance with build-
9 ing, fire, and housing codes, there is no consistent statewide mechanism
10 for reporting the occupancy or vacancy status of rental units, nor a
11 centralized system to provide public transparency regarding compliance
12 certification prior to and following tenant occupancy;
13 3. The absence of consistent reporting and transparency impedes accu-
14 rate housing supply data, complicates enforcement of habitability stand-
15 ards, and limits tenants' ability to make informed decisions;
16 4. The improvement of transparency in rental housing reporting, while
17 respecting local enforcement authority and protecting personal privacy,
18 serves a legitimate public purpose by enhancing housing stability,
19 promoting safe, habitable living conditions, and supporting data-in-
20 formed public policy decision making;
21 5. Nothing in this act shall be construed to supersede or preempt
22 local building, fire, or housing codes, but rather to supplement exist-
23 ing enforcement mechanisms through standardized reporting and adminis-
24 trative coordination;
25 6. The legislature recognizes the importance of small property owners
26 in maintaining affordable housing and intends to implement this act to
27 minimize undue administrative burden; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15039-01-6
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1 7. Reliable and accessible housing data is necessary to ensure the
2 integrity of rental markets, prevent prolonged vacancy of habitable
3 units, and promote public confidence in housing administration.
4 § 3. The real property law is amended by adding a new article 7-B to
5 read as follows:
6 ARTICLE 7-B
7 HOUSING TRANSPARENCY ACT
8 Section 239-m. Definitions.
9 239-n. Establishment of rental unit compliance registry.
10 239-o. Pre-occupancy and turnover certification.
11 239-p. Voluntary tenant occupancy reporting.
12 239-q. Lease term election requirements.
13 239-r. Enforcement and penalties.
14 239-s. Privacy and data protection.
15 239-t. Application and report.
16 § 239-m. Definitions. For the purposes of this article, the following
17 terms shall have the following meanings:
18 1. "rental unit" shall mean any dwelling unit as defined in the multi-
19 ple dwelling law that is leased, rented, or otherwise occupied pursuant
20 to a rental agreement for residential purposes, excluding owner-occupied
21 buildings and one and two-family dwellings;
22 2. "covered building" shall mean any residential building containing
23 more than two rental units;
24 3. "owner" shall mean any person, firm, partnership, corporation,
25 limited liability company, or other entity holding legal title to the
26 covered building, or any agent thereof authorized to collect rent or
27 manage the property;
28 4. "occupancy status" shall mean whether a rental unit is:
29 (a) occupied pursuant to a lease or rental agreement;
30 (b) vacant and available for rent;
31 (c) vacant and temporarily unavailable for rent due to repairs or
32 renovations; or
33 (d) otherwise not lawfully habitable pursuant to a government order;
34 5. "pre-occupancy compliance certification" shall mean a written
35 certification by the owner that the rental unit is in compliance with
36 applicable state and local building, fire, and housing maintenance codes
37 at the time of lease commencement;
38 6. "turnover certification" shall mean a written certification submit-
39 ted by the owner following the termination of a tenancy, indicating the
40 condition of the rental unit and any outstanding violations;
41 7. "division" shall mean the division of housing and community
42 renewal; and
43 8. "small property owner" shall mean an owner of a building containing
44 no more than three rental units, where such owner does not own more than
45 one covered building within the state.
46 § 239-n. Establishment of rental unit compliance registry. 1. Within
47 one year of the effective date of this article, the division shall
48 establish and maintain a statewide rental unit compliance registry for
49 covered buildings within the state.
50 2. Each owner of a covered building shall register annually with the
51 division in a manner prescribed by regulation. Such registration shall
52 include:
53 (a) the address of the covered building;
54 (b) the total number of rental units in such covered building;
55 (c) the occupancy status of each unit;
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1 (d) the date of the most recent inspection conducted by a government
2 entity;
3 (e) the existence of any open housing, building, or fire violations;
4 and
5 (f) certification that each occupied rental unit complies with appli-
6 cable habitability requirements.
7 3. The division shall make registry information publicly accessible
8 through an online portal.
9 4. The division shall coordinate with local code enforcement agencies
10 to the extent it is practicable to promote administrative efficiency and
11 avoid duplicate reporting.
12 5. The division is authorized to promulgate such rules and regulations
13 as may be necessary to implement the provisions of this article.
14 § 239-o. Pre-occupancy and turnover certification. 1. Prior to the
15 commencement of any new tenancy in a covered building, the owner shall
16 file with the division a pre-occupancy compliance certification affirm-
17 ing that:
18 (a) the rental unit is free from hazardous violations as defined by
19 applicable state or local laws;
20 (b) all smoke detection and carbon monoxide detection devices required
21 by law are installed and functioning;
22 (c) no outstanding vacate order or condemnation order applies to the
23 unit; and
24 (d) the unit is in compliance with the warranty of habitability pursu-
25 ant to section two hundred thirty-five-b of this chapter.
26 2. A copy of such certification shall be provided to the tenant at or
27 before the lease signing.
28 3. Within thirty days following the termination of a tenancy, the
29 owner shall submit to the division a turnover certification indicating:
30 (a) whether the unit is vacant and available to rent;
31 (b) whether the unit is undergoing repair or renovation; and
32 (c) the correction status of any violations issued during the prior
33 tenancy.
34 4. Nothing in this section shall require an additional governmental
35 inspection where none is otherwise required by law.
36 § 239-p. Voluntary tenant occupancy reporting. 1. The division shall
37 establish a secure mechanism by which tenants of covered buildings may
38 voluntarily submit information confirming:
39 (a) occupancy of a rental unit;
40 (b) the existence of a written or oral rental agreement; and
41 (c) concerns regarding noncompliance with occupancy reporting require-
42 ments.
43 2. No owner shall take adverse action against a tenant for submitting
44 information pursuant to this section. Any such action shall constitute
45 retaliation under section two hundred twenty-three-b of this chapter.
46 3. Information submitted by tenants shall not be publicly disclosed
47 and shall be used solely for administrative verification and enforcement
48 purposes.
49 4. Submission of information by a tenant shall not constitute an
50 alteration of the terms of any lease, tenancy, or lawful occupancy
51 status.
52 § 239-q. Lease term election requirements. 1. For a covered building,
53 an owner shall, at the commencement of a new tenancy occurring on and
54 after the effective date of this section, offer the prospective tenant
55 the option of entering into a:
56 (a) lease term of not less than six months;
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1 (b) lease term of twelve months; or
2 (c) lease term of twenty-four months.
3 2. Nothing in this section shall prohibit an owner from establishing
4 differing rental rates for differing lease durations, provided such
5 rates comply with applicable law.
6 3. This section shall not apply to:
7 (a) small property owners;
8 (b) owner-occupied buildings containing less than three units; and
9 (c) temporary housing accommodations intended for occupancy of less
10 than six months.
11 § 239-r. Enforcement and penalties. 1. The division shall have author-
12 ity to enforce the provisions of this article and may conduct audits of
13 registry submissions to ensure compliance.
14 2. (a) An owner who fails to file required registration information or
15 certifications pursuant to this article shall be subject to a civil
16 penalty not to exceed five hundred dollars per unit per year of noncom-
17 pliance.
18 (b) An owner who knowingly submits materially false information shall
19 be subject to a civil penalty not to exceed one thousand dollars per
20 unit per violation.
21 3. Prior to the imposition of any civil penalty, the division shall
22 provide written notice of noncompliance and allow the owner thirty days
23 to cure such deficiency.
24 4. No owner of a covered building shall be eligible to implement a
25 rent increase otherwise permitted by law for any rental unit that:
26 (a) has not submitted a required pre-occupancy or annual compliance
27 certification;
28 (b) has an outstanding hazardous violation as defined by applicable
29 state and local code; or
30 (c) is not properly registered in the rental unit compliance registry
31 pursuant to this article.
32 5. The division may refer cases involving repeated or willful
33 violations to the office of the attorney general for further enforcement
34 action.
35 § 239-s. Privacy and data protection. 1. The division shall not
36 disclose personally identifiable information of tenants collected pursu-
37 ant to this article.
38 2. The division shall implement reasonable administrative, technical,
39 and physical safeguards to protect confidential information.
40 3. Information collected pursuant to this article shall be solely for
41 housing administration, compliance verification, public reporting, and
42 enforcement purposes.
43 § 239-t. Application and report. 1. Beginning two years after the
44 effective date of this article, the provisions of this article shall
45 apply to owners of covered buildings containing twenty or more rental
46 units.
47 2. Beginning three years after the effective date of this article, the
48 provisions of this article shall apply to owners of covered buildings
49 containing between six and nineteen rental units.
50 3. Beginning four years after the effective date of this article, the
51 provisions of this article shall apply to all owners of covered build-
52 ings.
53 4. Beginning four years after the effective date of this article, the
54 division shall issue a report to the legislature on the implementation
55 of this article including but not limited to the compliance rate and
56 administrative impact of this article.
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1 § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
2 sion, section or part of this act shall be adjudged by any court of
3 competent jurisdiction to be invalid, such judgment shall not affect,
4 impair, or invalidate the remainder thereof, but shall be confined in
5 its operation to the clause, sentence, paragraph, subdivision, section
6 or part thereof directly involved in the controversy in which such judg-
7 ment shall have been rendered. It is hereby declared to be the intent of
8 the legislature that this act would have been enacted even if such
9 invalid provisions had not been included herein.
10 § 5. This act shall take effect eighteen months after it shall have
11 become a law. Effective immediately, the addition, amendment and/or
12 repeal of any rule or regulation necessary for the implementation of
13 this act on its effective date are authorized to be made and completed
14 on or before such date.
