Eliminates the prohibition on owners and managers of rent regulated property, and officers of owners and tenant organizations from being members of a rent guidelines board.
STATE OF NEW YORK
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2045
2013-2014 Regular Sessions
IN SENATE(Prefiled)
January 9, 2013
___________
Introduced by Sen. YOUNG -- 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 emergency tenant protection act of nineteen seven-
ty-four, in relation to eliminating the prohibition on owners and
managers of rent regulated property, and officers of tenant and owners
organizations from being members of a rent guidelines board
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision a of section 4 of section 4 of chapter 576 of
2 the laws of 1974, constituting the emergency tenant protection act of
3 nineteen seventy-four, as amended by chapter 349 of the laws of 1979, is
4 amended to read as follows:
5 a. In each county wherein any city having a population of less than
6 one million or any town or village has determined the existence of an
7 emergency pursuant to section three of this act, there shall be created
8 a rent guidelines board to consist of nine members appointed by the
9 commissioner of housing and community renewal upon recommendation of the
10 county legislature which recommendation shall be made within thirty days
11 after the first local declaration of an emergency in such county; two
12 such members shall be representative of tenants, two shall be represen-
13 tative of owners of property, and five shall be public members each of
14 whom shall have had at least five years experience in either finance,
15 economics or housing. One public member shall be designated by the
16 commissioner to serve as chairman and shall hold no other public office.
17 No member, officer or employee of any municipal rent regulation agency
18 or the state division of housing and community renewal [and no person
19 who owns or manages real estate covered by this law or who is an officer
20 of any owner or tenant organization] shall serve on a rent guidelines
21 board. One public member, one member representative of tenants and one
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00464-01-3
S. 2045 2
1 member representative of owners shall serve for a term ending two years
2 from January first next succeeding the date of their appointment; one
3 public member, one member representative of tenants and one member
4 representative of owners shall serve for terms ending three years from
5 the January first next succeeding the date of their appointment and
6 three public members shall serve for terms ending four years from Janu-
7 ary first next succeeding the dates of their appointment. Thereafter,
8 all members shall serve for terms of four years each. Members shall
9 continue in office until their successors have been appointed and quali-
10 fied. The commissioner shall fill any vacancy which may occur by reason
11 of death, resignation or otherwise in a manner consistent with the
12 original appointment. A member may be removed by the commissioner for
13 cause, but not without an opportunity to be heard in person or by coun-
14 sel, in his defense, upon not less than ten days notice. Compensation
15 for the members of the board shall be at the rate of one hundred dollars
16 per day, for no more than twenty days a year, except that the chairman
17 shall be compensated at the rate of one hundred twenty-five dollars a
18 day for no more than thirty days a year. The board shall be provided
19 staff assistance by the division of housing and community renewal. The
20 compensation of such members and the costs of staff assistance shall be
21 paid by the division of housing and community renewal which shall be
22 reimbursed in the manner prescribed in this section [four of this act].
23 The local legislative body of each city having a population of less than
24 one million and each town and village in which an emergency has been
25 determined to exist as herein provided shall be authorized to designate
26 one person who shall be representative of tenants and one person who
27 shall be representative of owners of property to serve at its pleasure
28 and without compensation to advise and assist the county rent guidelines
29 board in matters affecting the adjustment of rents for housing accommo-
30 dations in such city, town or village as the case may be.
31 § 2. This act shall take effect immediately; provided that the amend-
32 ments to subdivision a of section 4 of the emergency tenant protection
33 act of nineteen seventy-four made by section one of this act shall
34 expire on the same date as such act expires and shall not affect the
35 expiration of such act as provided in section 17 of chapter 576 of the
36 laws of 1974.