A08215 Summary:
| BILL NO | A08215 |
| SAME AS | No Same As |
| SPONSOR | Lopez |
| COSPNSR | Brabenec, Crouch, Giglio, Lawrence, Blankenbush, Tenney, Hawley, Tedisco, Palmesano, Butler, Stec, Walter, McLaughlin, Friend, Lalor, Murray, Corwin, DiPietro, Oaks, Montesano, Kolb, Gunther, Kearns, Duprey, Magee, Ceretto, Katz, Finch, Goodell, Barclay, Graf, Raia, McKevitt |
| MLTSPNSR | |
| Amd S17, Chap 576 of 1974; amd S1, Emerg Hous Rent Cont L; amd S2, Chap 329 of 1963; amd S10, Chap 555 of 1982; amd S4, Chap 402 of 1983; amd S46, Chap 116 of 1997; rpld Chap 1 of 2013 | |
| Extends the effectiveness of various rent control and rent regulated provisions (Part A); repeals chapter 1 of the laws of 2013 relating to the safe act of 2013 (Part B). | |
A08215 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
TITLE OF BILL: An act to amend chapter 576 of the laws of 1974 amend- ing the emergency housing rent control law relating to the control of and stabilization of rent in certain cases, the emergency housing rent control law, chapter 329 of the laws of 1963 amending the emergency housing rent control law relating to recontrol of rents in Albany, chap- ter 555 of the laws of 1982 amending the general business law and the administrative code of the city of New York relating to conversion of residential property to cooperative or condominium ownership in the city of New York, chapter 402 of the laws of 1983 amending the general busi- ness law relating to conversion of rental residential property to coop- erative or condominium ownership in certain municipalities in the coun- ties of Nassau, Westchester and Rockland and the rent regulation reform act of 1997, in relation to extending the effectiveness thereof (Part A); and to repeal chapter 1 of the laws of 2013, amending the criminal procedure law and other laws relating to suspension and revocation of firearms licenses (Part B) PURPOSE OR GENERAL IDEA OF BILL: This legislation extends the effectiveness of various rent control and rent regulated provisions contingent upon the full repeal of Chapter 1 of the Laws of 2013 relating to the New York SAFE Act of 2013. SUMMARY OF SPECIFIC PROVISIONS: Section one of this legislation clarifies the organization of the provisions contained in the act. Part A of this legislation extends various provisions of the Emergency Housing Rent Control Law, the General Business Law, the Administrative Code of the City of New York, and the Rent Regulation Reform Act of 1997 relating to the control and stabilization of rent. Part B of this legislation repeals Chapter 1 of the laws of 2013, amend- ing the Criminal Procedure Law and other laws relating to suspension and revocation of firearms licenses. JUSTIFICATION: The SAFE Act has been surrounded by controversy since its enactment in 2013. The bill, riddled with errors and omissions, was passed with no time for public input or thoughtful consideration by the Legislature. The provisions contained within the SAFE Act, have been roundly criti- cized as an attack on Second Amendment rights guaranteed by the United States Constitution. Consequently, it is no surprise that key provisions of the SAFE Act have not been implemented and several court cases chal- lenging its constitutionality are pending. While many agree more needs to be done to keep guns out of the hands of criminals and those suffer- ing from mental illness, the SAFE Act does not, and has not, addressed these societal challenges but instead has targeted law-abiding citizens who use firearms for sport and self-defense. New York City rent regulation has been equally controversial and viewed by some as a violation of private property rights of building owners. The passage of rent regulation legislation has been contentious, with the last four-year extender passed at the very close of Legislative Session in 2011. Missing from any discussion surrounding the SAFE Act has been the collective call to address the root causes of violence in our society. Understandably, urban and inner-city populations might look at a fire arm as a threat but what has been failed to be addressed is the acknowl- edgment that a fire arm is only a weapon when used as such. In today's culture of violence, a rock, a stick, or even someone's bare hands, could have the same devastating impact as a gun when used with malicious intent. The sponsor believes our collective challenge is to provide a framework that gives people hope and opportunity; in combination, education, job skills, job placement, clean decent housing, and mental health and other counseling services, can have a marked impact on shaping people's lives. This legislation simply seeks to bring the priorities of two very different cultures to the forefront in an effort to get both sides to talk to each other both meaningfully and sincerely. It is hoped the dialogue fostered by this bill can help New Yorkers find common ground that promotes freedoms and offers protections and security to those in need. PRIOR LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: This legislation would save the State money as funds associated with the implementation of the SAFE Act would no longer need to be allocated. EFFECTIVE DATE: This act would take effect immediately.
A08215 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 8215 2015-2016 Regular Sessions IN ASSEMBLY June 11, 2015 ___________ Introduced by M. of A. LOPEZ -- read once and referred to the Committee on Housing AN ACT to amend chapter 576 of the laws of 1974 amending the emergency housing rent control law relating to the control of and stabilization of rent in certain cases, the emergency housing rent control law, chapter 329 of the laws of 1963 amending the emergency housing rent control law relating to recontrol of rents in Albany, chapter 555 of the laws of 1982 amending the general business law and the administra- tive code of the city of New York relating to conversion of residen- tial property to cooperative or condominium ownership in the city of New York, chapter 402 of the laws of 1983 amending the general busi- ness law relating to conversion of rental residential property to cooperative or condominium ownership in certain municipalities in the counties of Nassau, Westchester and Rockland and the rent regulation reform act of 1997, in relation to extending the effectiveness thereof (Part A); and to repeal chapter 1 of the laws of 2013, amending the criminal procedure law and other laws relating to suspension and revo- cation of firearms licenses (Part B) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 relating to rent regulation and the safe act of 2013. Each component is 3 wholly contained within a Part identified as Parts A through B. The 4 effective date for each particular provision contained within such Part 5 is set forth in the last section of such Part. Any provision in any 6 section contained within a Part, including the effective date of the 7 Part, which makes a reference to a section "of this act", when used in 8 connection with that particular component, shall be deemed to mean and 9 refer to the corresponding section of the Part in which it is found. 10 Section three of this act sets forth the general effective date of this 11 act. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10532-01-5A. 8215 2 1 PART A 2 Section 1. Short title. This act shall be known and may be cited as 3 the "rent act of 2015." 4 § 1-a. Section 17 of chapter 576 of the laws of 1974 amending the 5 emergency housing rent control law relating to the control of and 6 stabilization of rent in certain cases, as amended by section 1-a of 7 part B of chapter 97 of the laws of 2011, is amended to read as follows: 8 § 17. Effective date. This act shall take effect immediately and 9 shall remain in full force and effect until and including the fifteenth 10 day of June [2015] 2019; except that sections two and three shall take 11 effect with respect to any city having a population of one million or 12 more and section one shall take effect with respect to any other city, 13 or any town or village whenever the local legislative body of a city, 14 town or village determines the existence of a public emergency pursuant 15 to section three of the emergency tenant protection act of nineteen 16 seventy-four, as enacted by section four of this act, and provided that 17 the housing accommodations subject on the effective date of this act to 18 stabilization pursuant to the New York city rent stabilization law of 19 nineteen hundred sixty-nine shall remain subject to such law upon the 20 expiration of this act. 21 § 2. Subdivision 2 of section 1 of chapter 274 of the laws of 1946 22 constituting the emergency housing rent control law, as amended by 23 section 2 of part B of chapter 97 of the laws of 2011, is amended to 24 read as follows: 25 2. The provisions of this act, and all regulations, orders and 26 requirements thereunder shall remain in full force and effect until and 27 including June 15, [2015] 2019. 28 § 3. Section 2 of chapter 329 of the laws of 1963 amending the emer- 29 gency housing rent control law relating to recontrol of rents in Albany, 30 as amended by section 3 of part B of chapter 97 of the laws of 2011, is 31 amended to read as follows: 32 § 2. This act shall take effect immediately and the provisions of 33 subdivision 6 of section 12 of the emergency housing rent control law, 34 as added by this act, shall remain in full force and effect until and 35 including June 15, [2015] 2019. 36 § 4. Section 10 of chapter 555 of the laws of 1982 amending the gener- 37 al business law and the administrative code of the city of New York 38 relating to conversion of residential property to cooperative or condo- 39 minium ownership in the city of New York, as amended by section 4 of 40 part B of chapter 97 of the laws of 2011, is amended to read as follows: 41 § 10. This act shall take effect immediately; provided, that the 42 provisions of sections one, two and nine of this act shall remain in 43 full force and effect only until and including June 15, [2015] 2019; 44 provided further that the provisions of section three of this act shall 45 remain in full force and effect only so long as the public emergency 46 requiring the regulation and control of residential rents and evictions 47 continues as provided in subdivision 3 of section 1 of the local emer- 48 gency housing rent control act; provided further that the provisions of 49 sections four, five, six and seven of this act shall expire in accord- 50 ance with the provisions of section 26-520 of the administrative code of 51 the city of New York as such section of the administrative code is, from 52 time to time, amended; provided further that the provisions of section 53 26-511 of the administrative code of the city of New York, as amended by 54 this act, which the New York City Department of Housing Preservation and 55 Development must find are contained in the code of the real estateA. 8215 3 1 industry stabilization association of such city in order to approve it, 2 shall be deemed contained therein as of the effective date of this act; 3 and provided further that any plan accepted for filing by the department 4 of law on or before the effective date of this act shall continue to be 5 governed by the provisions of section 352-eeee of the general business 6 law as they had existed immediately prior to the effective date of this 7 act. 8 § 5. Section 4 of chapter 402 of the laws of 1983 amending the general 9 business law relating to conversion of rental residential property to 10 cooperative or condominium ownership in certain municipalities in the 11 counties of Nassau, Westchester and Rockland, as amended by section 5 of 12 part B of chapter 97 of the laws of 2011, is amended to read as follows: 13 § 4. This act shall take effect immediately; provided, that the 14 provisions of sections one and three of this act shall remain in full 15 force and effect only until and including June 15, [2015] 2019; and 16 provided further that any plan accepted for filing by the department of 17 law on or before the effective date of this act shall continue to be 18 governed by the provisions of section 352-eee of the general business 19 law as they had existed immediately prior to the effective date of this 20 act. 21 § 6. Subdivision 6 of section 46 of chapter 116 of the laws of 1997 22 constituting the rent regulation reform act of 1997, as amended by 23 section 6 of part B of chapter 97 of the laws of 2011, is amended to 24 read as follows: 25 6. sections twenty-eight, twenty-eight-a, twenty-eight-b and twenty- 26 eight-c of this act shall expire and be deemed repealed after June 15, 27 [2015] 2019; 28 § 7. This act shall take effect immediately. 29 PART B 30 Section 1. Chapter 1 of the laws of 2013, amending the criminal proce- 31 dure law and other laws relating to suspension and revocation of 32 firearms licenses, is REPEALED. 33 § 2. This act shall take effect immediately. 34 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 35 sion, section or part of this act shall be adjudged by any court of 36 competent jurisdiction to be invalid, such judgment shall not affect, 37 impair, or invalidate the remainder thereof, but shall be confined in 38 its operation to the clause, sentence, paragraph, subdivision, section 39 or part thereof directly involved in the controversy in which such judg- 40 ment shall have been rendered. It is hereby declared to be the intent of 41 the legislature that this act would have been enacted even if such 42 invalid provisions had not been included herein. 43 § 3. This act shall take effect immediately provided, however, that 44 the applicable effective date of Parts A through B of this act shall be 45 as specifically set forth in the last section of such Parts.