Relates to certain notice requirements; prohibits landlords from including incorrect information relating to rent decontrol in certain leases and renewals thereof; requires the standardization of certain notices pertaining to units subject to the Affordable New York Housing Program.
STATE OF NEW YORK
________________________________________________________________________
245
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Housing
AN ACT to amend the real property law, in relation to violations of
certain notice requirements; and to amend the real property tax law,
in relation to prohibiting landlords from including incorrect informa-
tion relating to rent decontrol in certain leases and renewals thereof
and requires the standardization of certain notices pertaining to
units subject to the Affordable New York Housing Program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The real property law is amended by adding a new section
2 235-j to read as follows:
3 § 235-j. Willful violations of certain notice requirements. A landlord
4 or any person acting on behalf of the landlord who willfully includes
5 information he or she knows to be misleading or incorrect information in
6 any notice provided pursuant to subparagraph (ii) of paragraph (f) or
7 fails to provide the standardized rider pursuant to paragraph (f-1) of
8 subdivision two of section four hundred twenty-one-a of the real proper-
9 ty tax law is guilty of a violation punishable by a fine of one thousand
10 dollars.
11 § 2. Subparagraph (ii) of paragraph (f) of subdivision 2 of section
12 421-a of the real property tax law, as amended by chapter 289 of the
13 laws of 1985, is amended to read as follows:
14 (ii) with respect to units which become subject to the provisions of
15 this section after the effective date of this subparagraph, such tax
16 benefit period as provided in the opening paragraph of this paragraph or
17 applicable law or act shall have expired and either each lease and
18 renewal thereof for such unit for the tenant in residence at the time of
19 such decontrol has included a notice in at least twelve point type
20 informing such tenant that the unit shall become subject to such decon-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00673-01-3
A. 245 2
1 trol upon the expiration of such tax benefit period as provided in the
2 opening paragraph of this paragraph or applicable law or act and states
3 the approximate date on which such tax benefit period as provided in the
4 opening paragraph of this paragraph is scheduled to expire; or such unit
5 becomes vacant as provided under subparagraph (i) of this paragraph.
6 Notwithstanding the provisions of this subparagraph, the notice required
7 by this subdivision shall not be included in any lease or renewal there-
8 of if the unit to which the lease or renewal thereof pertains will
9 remain subject to rent regulation or rent control pursuant to an addi-
10 tional tax exemption or rent stabilization program after the expiration
11 of the tax benefit period as provided in the opening paragraph of this
12 paragraph. Neither a landlord nor any person acting on behalf of the
13 landlord shall include incorrect or misleading information in any notice
14 provided pursuant to this subparagraph.
15 § 3. Subdivision 2 of section 421-a of the real property tax law is
16 amended by adding a new paragraph (f-1) to read as follows:
17 (f-1) The commissioner of housing and community renewal shall stand-
18 ardize the notice to be provided by landlords to their tenants pursuant
19 to subparagraph (ii) of paragraph (f) of this subdivision. Such notice
20 shall be printed in at least twelve point type and shall include the
21 following language:
22 421-a Standard Rider Fact Sheet
23 Any housing unit that receives tax benefits under section 421-a of the
24 New York State Real Property Law will remain affordable for a period of
25 time depending on a variety of factors, including the location of the
26 unit, the commencement of construction and the affordability in the
27 project. Failure to provide the initial standardized rider may result in
28 the unit remaining rent stabilized for the duration of the tenancy.
29 Specific details related to your unit are listed on the next sheet.
30 While your unit receives 421-a tax benefits, it will be subject to rent
31 stabilization. New York State's rent regulation laws provide tenants in
32 rent-stabilized apartments with a variety of legal rights and
33 protections. The owner of your building must provide you with a rent-
34 stabilized lease when you first move in and also each time you renew
35 your lease for your choice of either a one or two year term, for as long
36 as your apartment remains stabilized.
37 You are entitled to continuous lease renewals while your apartment is
38 rent stabilized. When you renew your lease, your rent may only be
39 increased by an amount determined by New York State's rent regulation
40 laws, which may be found by visiting
41 https://rentguidelinesboard.cityofnewyork.us/resources/rent-regulation-
42 laws/, and permitted by applicable tax benefit laws.
43 Rent increases for rent-stabilized tenants are determined by the New
44 York City Rent Guidelines Board, and may only increase by a specified
45 amount within a one-year or two-year lease term. For more information,
46 please visit https://rentguidelinesboard.cityofnewyork.us/ or call 311.
47 Rent-stabilized tenants are also entitled to petition the New York State
48 Homes and Community Renewal by visiting https://hcr.ny.gov/ or calling
49 (212) 480-6238.
50 421-a Rider - Unit Number
51 As a rent-regulated tenant, your rights are determined by 421-a of the
52 New York State Real Property Law. For more information, you may contact
53 New York State Housing and Community Renewal by calling (212) 480-6238
54 or visiting https://hcr.ny.gov/ or the New York City Department of Hous-
55 ing Preservation by calling 311 or visiting
56 https://www1.nyc.gov/site/hpd/index.page.
A. 245 3
1 The first rent as of date of initial lease commencement for unit apart-
2 ment number___ is amount ___.
3 Because unit number ____receives a 421-a tax abatement, it will be rent
4 regulated until at least MM/DD/YYYY.
5 Construction commenced on your building, located at address ____on
6 MM/DD/YYYY.
7 Construction was completed on MM/DD/YYYY.
8 On (MM/DD/YYYY specific to tenant), your landlord can begin to increase
9 the rent for unit number by 2.2% each year.
10 The 421-a benefits for unit number expire on (MM/DD/YYYY). After the
11 expiration of the 421-a tax abatement, your unit will ___ (either remain
12 rent-stabilized for the duration of your tenancy or continue to be
13 protected due to additional programs outlined below).
14 Unit number also receives (list any other city, state, federal afford-
15 ability program) and (the impact that has on the unit's continuing
16 affordability, the date on which those benefits expire and the impact of
17 the expiration of those benefits on the unit).
18 If you believe that any of the information contained in this rider is
19 incorrect, contact New York State Homes and Community Renewal by calling
20 (212) 480-6238 or visiting https://hcr.ny.gov/ or the New York City
21 Department of Housing Preservation by calling 311 or visiting
22 https://www1.nyc.gov/site/hpd/index.page.
23 § 4. This act shall take effect on the sixtieth day after it shall
24 have become a law and shall apply to all leases entered into, renewed or
25 extended on and after such effective date. Effective immediately the
26 addition, amendment and/or repeal of any rule or regulation necessary
27 for the implementation of this act on its effective date are authorized
28 to be made and completed on or before such date.
