Amd §26-504.4, add §26-517.2, NYC Ad Cd; amd §13, add §§5-b & 12-b, Emerg Ten Prot Act of 1974
 
Prohibits deregulation without verification of the tax abatement/credit status of a building; and requires local agencies to notify the state division of housing and community renewal of approval of an application for a tax exemption.
STATE OF NEW YORK
________________________________________________________________________
5015--B
2017-2018 Regular Sessions
IN ASSEMBLY
February 6, 2017
___________
Introduced by M. of A. O'DONNELL -- Multi-Sponsored by -- M. of A.
EPSTEIN -- read once and referred to the Committee on Housing --
recommitted to the Committee on Housing in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported and
referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the administrative code of the city of New York and the
emergency tenant protection act of nineteen seventy-four, in relation
to prohibiting deregulation without verification of the tax
abatement/credit status of a building and requiring local agencies to
notify the state division of housing and community renewal of approval
of an application for a tax exemption
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The administrative code of the city of New York is amended
2 by adding a new section 26-504.4 to read as follows:
3 § 26-504.4 Deregulation. Notwithstanding any other provision of law to
4 the contrary, the state division of housing and community renewal shall
5 verify current tax abatement/credit status of buildings before allowing
6 units to be deregulated under any applicable provision of law.
7 § 2. The administrative code of the city of New York is amended by
8 adding a new section 26-517.2 to read as follows:
9 § 26-517.2 Additional information. a. In addition to providing tenants
10 with registration information as required by subdivisions d and f of
11 section 26-517 of this chapter, the state division of housing and commu-
12 nity renewal shall give notice in writing to all owners of buildings
13 regulated pursuant to this chapter that (i) such owner must register
14 each unit as rent stabilized pursuant to section 26-517 of this chapter;
15 (ii) such owner must issue rent stabilized leases to all rental tenants;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09473-03-8
A. 5015--B 2
1 and (iii) failure to register pursuant to section 26-517 of this chapter
2 may subject such owner to fines and penalties as provided in this chap-
3 ter. In addition, a copy of the notice required pursuant to this section
4 must be mailed by the state division of housing and community renewal to
5 the tenant in occupancy of each unit regulated pursuant to this chapter.
6 b. Notice required pursuant to this section shall be provided annual-
7 ly. Such notice shall also be provided when a new tenant takes occupancy
8 of a regulated unit.
9 c. Notwithstanding any other provision of law to the contrary, local
10 agencies shall immediately notify the state division of housing and
11 community renewal in writing, on a form approved by the commissioner of
12 the state division of housing and community renewal, that an application
13 for an exemption under section four hundred twenty-one-a of the real
14 property tax law has been approved. Such notification shall provide the
15 beginning and end dates of such exemption.
16 § 3. Section 4 of chapter 576 of the laws of 1974, constituting the
17 emergency tenant protection act of nineteen seventy-four, is amended by
18 adding a new section 5-b to read as follows:
19 § 5-b. Deregulation. Notwithstanding any other provision of law to the
20 contrary, the state division of housing and community renewal shall
21 verify current tax abatement status of buildings before allowing units
22 to be deregulated under any applicable provision of law.
23 § 4. Section 4 of chapter 576 of the laws of 1974, constituting the
24 emergency tenant protection act of nineteen seventy-four, is amended by
25 adding a new section 12-b to read as follows:
26 § 12-b. Additional information. a. In addition to providing tenants
27 with registration information as required by subdivisions d and f of
28 section 12-a of this section, the state division of housing and communi-
29 ty renewal shall give notice in writing to all owners of buildings regu-
30 lated pursuant to this chapter that (i) such owner must register each
31 unit as rent stabilized; (ii) such owner must issue rent stabilized
32 leases to all rental tenants; and (iii) failure to register pursuant to
33 section 12-a of this section may subject such owner to fines and penal-
34 ties as provided in this act. In addition, a copy of the notice required
35 pursuant to this section must be mailed by the state division of housing
36 and community renewal to the tenant in occupancy of each unit regulated
37 pursuant to this chapter.
38 b. Notice required pursuant to this section shall be provided annual-
39 ly. Such notice shall also be provided when a new tenant takes occupancy
40 of a regulated unit.
41 § 5. Section 13 of section 4 of chapter 576 of the laws of 1974,
42 constituting the emergency tenant protection act of nineteen seventy-
43 four, as amended by chapter 403 of the laws of 1983, is amended to read
44 as follows:
45 § 13. Cooperation with other governmental agencies. a. The state divi-
46 sion of housing and community renewal and any rent guidelines board may
47 request and shall receive cooperation and assistance in effectuating the
48 purposes of this act from all departments, divisions, boards, bureaus,
49 commissions or agencies of the state and political subdivisions thereof.
50 b. Notwithstanding any other provision of law to the contrary, local
51 agencies shall immediately notify the state division of housing and
52 community renewal in writing, on a form approved by the commissioner of
53 the state division of housing and community renewal, that an application
54 for an exemption under section four hundred twenty-one-a of the real
55 property tax law has been approved. Such notification shall provide the
56 beginning and end dates of such exemption.
A. 5015--B 3
1 § 6. This act shall take effect on the sixtieth day after it shall
2 have become a law; provided that the amendments to chapter 4 of title 26
3 of the administrative code of the city of New York made by sections one
4 and two of this act shall expire on the same date as such law expires
5 and shall not affect the expiration of such law as provided under
6 section 26-520 of such law; and provided, further, that the amendments
7 to the emergency tenant protection act of nineteen seventy-four made by
8 sections three, four and five of this act shall expire on the same date
9 as such act expires and shall not affect the expiration of such act as
10 provided in section 17 of chapter 576 of the laws of 1974.