Amd §4, Emerg Ten Prot Act of 1974; amd §26-510, NYC Ad Cd
Provides for the appointment of three alternates on rent guideline boards; one alternate shall represent tenants, one shall represent owners of property and one shall be a public representative; alternates shall be permitted to participate in all proceedings of the board as non-voting members; an alternate shall only participate as a voting member of the board and be paid when a member, representing the same interest as the alternate, is unable to fulfill his or her duties on the board; applies to the city of New York, counties outside the city, towns and villages.
STATE OF NEW YORK
________________________________________________________________________
3337
2017-2018 Regular Sessions
IN SENATE
January 20, 2017
___________
Introduced by Sen. BAILEY -- 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 and the administrative code of the city of New York, in
relation to alternates on rent guidelines boards
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 and three alternates
9 appointed by the commissioner of housing and community renewal upon
10 recommendation of the county legislature, which recommendation shall be
11 made within thirty days after the first local declaration of an emergen-
12 cy in such county; two such members and one such alternate shall be
13 representative of tenants, two such members and one such alternate shall
14 be representative of owners of property, and five such members and one
15 such alternate shall be public [members] representatives, each of whom
16 shall have had at least five years experience in either finance, econom-
17 ics, or housing. One public member shall be designated by the commis-
18 sioner to serve as [chairman] chairperson and shall hold no other public
19 office. No member, officer, or employee of any municipal rent regulation
20 agency or the state division of housing and community renewal and no
21 person who owns or manages real estate covered by this law or who is an
22 officer of any owner or tenant organization shall serve on a rent guide-
23 lines board. One public member, one member, the alternate representative
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08620-01-7
S. 3337 2
1 of tenants, and one member representative of owners shall serve for a
2 term ending two years from January first next succeeding the date of
3 their appointment; one public member, one member representative of
4 tenants, and one member and the alternate representative of owners shall
5 serve for terms ending three years from the January first next succeed-
6 ing the date of their appointment; and three public members and the
7 public alternate shall serve for terms ending four years from January
8 first next succeeding the dates of their appointment. Thereafter, all
9 members and alternates shall serve for terms of four years each. Members
10 and alternates shall continue in office until their successors have been
11 appointed and qualified. The commissioner shall fill any vacancy which
12 may occur by reason of death, resignation; or otherwise in a manner
13 consistent with the original appointment. A member or alternate may be
14 removed by the commissioner for cause, but not without an opportunity to
15 be heard in person or by counsel, in his or her defense, upon not less
16 than ten [days] days' notice. Compensation for the members and alter-
17 nates of the board shall be at the rate of one hundred dollars per day,
18 for no more than twenty days a year, except that the [chairman] chair-
19 person shall be compensated at the rate of one hundred twenty-five
20 dollars a day for no more than thirty days a year. The board shall be
21 provided staff assistance by the division of housing and community
22 renewal. The compensation of such members and alternates and the costs
23 of staff assistance shall be paid by the division of housing and commu-
24 nity renewal, which shall be reimbursed in the manner prescribed in
25 section [four] eight of this act. An alternate shall only participate
26 as a voting member in the proceedings of the board and be paid when a
27 member, representing the same interest as the alternate, is unable to
28 fulfill his or her duties on the board. Alternates shall be permitted to
29 participate in all proceedings of the board as non-voting members. The
30 local legislative body of each city having a population of less than one
31 million and each town and village in which an emergency has been deter-
32 mined to exist as herein provided [shall be] is authorized to designate
33 one person who shall be representative of tenants and one person who
34 shall be representative of owners of property to serve at its pleasure
35 and without compensation to advise and assist the county rent guidelines
36 board in matters affecting the adjustment of rents for housing accommo-
37 dations in such city, town, or village, as the case may be.
38 § 2. Subdivisions a and c of section 26-510 of the administrative code
39 of the city of New York are amended to read as follows:
40 a. There shall be a rent guidelines board, to consist of nine members
41 and three alternates, appointed by the mayor. Two members and one alter-
42 nate shall be representative of tenants, two members and one alternate
43 shall be representative of owners of property, and five members and one
44 alternate shall be public [members] representatives, each of whom shall
45 have had at least five years experience in either finance, economics, or
46 housing. One public member shall be designated by the mayor to serve as
47 [chairman] chairperson and shall hold no other public office. No
48 member, officer, or employee of any municipal rent regulation agency or
49 the state division of housing and community renewal and no person who
50 owns or manages real estate covered by this law or who is an officer of
51 any owner or tenant organization shall serve on a rent guidelines board.
52 One public member, one member, and one alternate representative of
53 tenants and one member representative of owners shall serve for a term
54 ending two years from January first next succeeding the date of their
55 appointment; one public member, one member representative of tenants
56 [and], one member, and one alternate representative of owners shall
S. 3337 3
1 serve for terms ending three years from the January first next succeed-
2 ing the date of their appointment; and two public members and the public
3 alternate shall serve for terms ending four years from January first
4 next succeeding the dates of their appointment. The [chairman] chair-
5 person shall serve at the pleasure of the mayor. Thereafter, all members
6 and alternates shall continue in office until their successors have been
7 appointed and qualified. The mayor shall fill any vacancy which may
8 occur by reason of death, resignation, or otherwise in a manner consist-
9 ent with the original appointment. A member or alternate may be removed
10 by the mayor for cause, but not without an opportunity to be heard in
11 person or by counsel, in his or her defense, upon not less than ten
12 [days] days' notice. An alternate shall only participate as a voting
13 member in the proceedings of the board and be paid when a member,
14 representing the same interest as the alternate, is unable to fulfill
15 his or her duties on the board. Alternates shall be permitted to partic-
16 ipate in all proceedings of the board as non-voting members.
17 c. Such members and alternates shall be compensated on a per diem
18 basis of one hundred dollars per day for no more than twenty-five days a
19 year, except that the [chairman] chairperson shall be compensated at one
20 hundred twenty-five dollars a day for no more than fifty days a year.
21 The [chairman] chairperson shall be chief administrative officer of the
22 rent guidelines board and among his or her powers and duties he or she
23 shall have the authority to employ, assign, and supervise the employees
24 of the rent guidelines board and enter into contracts for consultant
25 services. The department of housing preservation and development shall
26 cooperate with the rent guidelines board and may assign personnel and
27 perform such services in connection with the duties of the rent guide-
28 lines board as may reasonably be required by the [chairman] chairperson.
29 § 3. This act shall take effect immediately; provided that the amend-
30 ment to section 4 of the emergency tenant protection act of nineteen
31 seventy-four made by section one of this act shall expire on the same
32 date as such act expires and shall not affect the expiration of such act
33 as provided in section 17 of chapter 576 of the laws of 1974; and
34 further provided that the amendment to section 26-510 of the rent
35 stabilization law of nineteen hundred sixty-nine made by section two of
36 this act shall expire on the same date as such law expires and shall not
37 affect the expiration of such law as provided under section 26-520 of
38 such law.
