- Summary
- Actions
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- Floor Votes
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S07235 Summary:
BILL NO | S07235 |
  | |
SAME AS | SAME AS A08098 |
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SPONSOR | KAVANAGH |
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COSPNSR | CLEARE |
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MLTSPNSR | |
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Add §610, Priv Hous Fin L | |
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Relates to rental assistance and legal regulated rents in affordable housing projects. |
S07235 Actions:
BILL NO | S07235 | |||||||||||||||||||||||||||||||||||||||||||||||||
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06/07/2021 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
01/05/2022 | REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT | |||||||||||||||||||||||||||||||||||||||||||||||||
03/09/2022 | 1ST REPORT CAL.691 | |||||||||||||||||||||||||||||||||||||||||||||||||
03/10/2022 | 2ND REPORT CAL. | |||||||||||||||||||||||||||||||||||||||||||||||||
03/14/2022 | ADVANCED TO THIRD READING | |||||||||||||||||||||||||||||||||||||||||||||||||
04/26/2022 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
04/26/2022 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
04/26/2022 | referred to housing | |||||||||||||||||||||||||||||||||||||||||||||||||
06/01/2022 | substituted for a8098 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/01/2022 | ordered to third reading rules cal.542 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/01/2022 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/01/2022 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
12/06/2022 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
12/15/2022 | SIGNED CHAP.685 |
S07235 Committee Votes:
Go to topS07235 Floor Votes:
Yes
Abbate
Yes
Chandler-Waterm
Yes
Forrest
Yes
Joyner
Yes
O'Donnell
Yes
Simon
Yes
Abinanti
Yes
Clark
Yes
Friend
Yes
Kelles
Yes
Otis
Yes
Simpson
Yes
Anderson
Yes
Colton
Yes
Frontus
Yes
Kim
Yes
Palmesano
Yes
Smith
Yes
Angelino
Yes
Conrad
Yes
Galef
Yes
Lalor
Yes
Paulin
Yes
Smullen
Yes
Ashby
Yes
Cook
Yes
Gallagher
Yes
Lavine
Yes
Peoples-Stokes
Yes
Solages
Yes
Aubry
Yes
Cruz
Yes
Gallahan
Yes
Lawler
Yes
Pheffer Amato
Yes
Steck
Yes
Barclay
Yes
Cunningham
Yes
Gandolfo
Yes
Lemondes
Yes
Pretlow
Yes
Stern
Yes
Barnwell
Yes
Cusick
Yes
Gibbs
Yes
Lucas
Yes
Quart
Yes
Stirpe
Yes
Barrett
Yes
Cymbrowitz
Yes
Giglio JA
Yes
Lunsford
Yes
Ra
Yes
Tague
Yes
Benedetto
Yes
Darling
Yes
Giglio JM
Yes
Lupardo
Yes
Rajkumar
Yes
Tannousis
Yes
Bichotte Hermel
Yes
Davila
Yes
Glick
Yes
Magnarelli
Yes
Ramos
Yes
Tapia
Yes
Blankenbush
Yes
De Los Santos
Yes
Gonzalez-Rojas
Yes
Mamdani
Yes
Reilly
Yes
Taylor
Yes
Brabenec
Yes
DeStefano
Yes
Goodell
Yes
Manktelow
Yes
Reyes
Yes
Thiele
Yes
Braunstein
Yes
Dickens
Yes
Gottfried
Yes
McDonald
Yes
Rivera J
Yes
Vanel
Yes
Bronson
Yes
Dilan
Yes
Griffin
Yes
McDonough
Yes
Rivera JD
Yes
Walczyk
Yes
Brown E
Yes
Dinowitz
Yes
Gunther
Yes
McMahon
Yes
Rosenthal D
Yes
Walker
Yes
Brown K
Yes
DiPietro
Yes
Hawley
Yes
Meeks
Yes
Rosenthal L
Yes
Wallace
Yes
Burdick
Yes
Durso
Yes
Hevesi
Yes
Mikulin
Yes
Rozic
Yes
Walsh
Yes
Burgos
Yes
Eichenstein
Yes
Hunter
Yes
Miller
Yes
Salka
Yes
Weinstein
Yes
Burke
Yes
Englebright
Yes
Hyndman
Yes
Mitaynes
Yes
Santabarbara
Yes
Weprin
Yes
Buttenschon
Yes
Epstein
Yes
Jackson
Yes
Montesano
Yes
Sayegh
Yes
Williams
Yes
Byrne
Yes
Fahy
Yes
Jacobson
Yes
Morinello
Yes
Schmitt
Yes
Woerner
Yes
Byrnes
Yes
Fall
Yes
Jean-Pierre
Yes
Niou
Yes
Seawright
Yes
Zebrowski
Yes
Cahill
Yes
Fernandez
Yes
Jensen
Yes
Nolan
Yes
Septimo
Yes
Zinerman
Yes
Carroll
Yes
Fitzpatrick
Yes
Jones
Yes
Norris
Yes
Sillitti
Yes
Mr. Speaker
‡ Indicates voting via videoconference
S07235 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 7235 2021-2022 Regular Sessions IN SENATE June 7, 2021 ___________ Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the private housing finance law, in relation to rental assistance and legal regulated rents in affordable housing projects The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The private housing finance law is amended by adding a new 2 section 610 to read as follows: 3 § 610. Rental assistance and legal regulated rents. 1. (a) Notwith- 4 standing the emergency tenant protection act of nineteen seventy-four or 5 the rent stabilization law of nineteen hundred sixty-nine, any regu- 6 lation promulgated pursuant to such act or law, or any other provision 7 of law, where a housing accommodation is subject to a regulatory agree- 8 ment with a state or municipal agency or public benefit corporation, or 9 a political subdivision of the state, and where a federal, state, or 10 local program provides rental assistance for such housing accommodation, 11 such state or municipal agency or public benefit corporation, or poli- 12 tical subdivision of the state, may allow in such regulatory agreement 13 the owner of such housing accommodation to charge and collect a rent for 14 such housing accommodation that (i) does not exceed the maximum payment 15 standard or contract rent that the rental assistance program may provide 16 for such housing accommodation, but (ii) does exceed the legal regulated 17 rent for the housing accommodation. 18 (b) If any such rental assistance ends upon the vacancy of the housing 19 accommodation, the owner of such housing accommodation shall thereafter 20 charge and collect a rent for such housing accommodation that does not 21 exceed the lesser of (i) the previously established legal regulated rent 22 for such housing accommodation, as adjusted by the most recent applica- 23 ble guidelines increases approved by a rent guidelines board established 24 pursuant to the emergency tenant protection act of nineteen seventy-four 25 and any other increases authorized by law, regardless of when the previ- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11815-01-1S. 7235 2 1 ously established legal regulated rent was last charged, and (ii) any 2 lower rent that is required by such regulatory agreement. 3 (c) If any such rental assistance ends during a tenancy, including, 4 but not limited to, upon the renewal of a lease, the owner of such hous- 5 ing accommodation shall thereafter charge and collect a rent for such 6 housing accommodation that does not exceed the lesser of (i) the previ- 7 ously established legal regulated rent for such housing accommodation, 8 as adjusted by the most recent applicable guidelines increases approved 9 by a rent guidelines board established pursuant to the emergency tenant 10 protection act of nineteen seventy-four and any other increases author- 11 ized by law, regardless of when the previously established legal regu- 12 lated rent was last charged, (ii) any rent charged to and paid by the 13 tenant immediately prior to the commencement of the rental assistance 14 that was less than the legal regulated rent for such housing accommo- 15 dation, as adjusted by such most recent applicable guidelines increases 16 and any other increases authorized by law, and (iii) any lower rent that 17 is required by such regulatory agreement. 18 2. Any rent charged pursuant to subdivision one of this section in 19 excess of the legal regulated rent for a housing accommodation shall not 20 be registered as the legal regulated rent pursuant to the emergency 21 tenant protection act of nineteen seventy-four or the rent stabilization 22 law of nineteen hundred sixty-nine. The owner of such housing accommo- 23 dation shall continue to register the legal regulated rent and any pref- 24 erential rent calculated according to applicable guidelines increases 25 applied to the previously established legal regulated rent or preferen- 26 tial rent, respectively, and separately register the actual rent charged 27 to the tenant pursuant to subdivision one of this section. 28 3. Where the owner of a housing accommodation charges and collects a 29 rent that exceeds the legal regulated rent for such housing accommo- 30 dation pursuant to subdivision one of this section, such owner shall 31 provide every tenant of such housing accommodation with a notice, 32 attached to the initial lease and all renewal leases, advising the 33 tenant in plain language that if such tenant ceases to receive the 34 rental assistance described in subdivision one of this section for any 35 reason, the rent for such housing accommodation shall be the legal regu- 36 lated rent, or any lower rent as required by subdivision one of this 37 section. The owner shall disclose any applicable regulatory agreement 38 and the applicability of this section in any legal proceeding brought 39 against a tenant whose rent is governed by this section. 40 4. An owner of a housing accommodation who fails to adjust a rent upon 41 the termination of any such rental assistance as required by subdivision 42 one of this section shall refund to the tenant the amount of the over- 43 charge and be liable for treble damages. The tenant shall have the right 44 to recover such overcharges and damages from the date of their accrual, 45 notwithstanding any statute of limitations set forth in the emergency 46 tenant protection act of nineteen seventy-four or the rent stabilization 47 law of nineteen hundred sixty-nine. The tenant may raise such an over- 48 charge as a claim or defense in any court of appropriate jurisdiction, 49 or in a proceeding at the division of housing and community renewal, 50 pursuant to the emergency tenant protection act of nineteen seventy-four 51 or the rent stabilization law of nineteen hundred sixty-nine. 52 5. Where a regulatory agreement allows an owner of a housing accommo- 53 dation to charge and collect a rent for the housing accommodation that 54 exceeds the legal regulated rent for such housing accommodation in 55 accordance with subdivision one of this section, the state or municipal 56 agency or public benefit corporation, or political subdivision of theS. 7235 3 1 state, that has executed the regulatory agreement shall audit such 2 owner's records at least once every three years to verify that such 3 owner is complying with the provisions of this section. 4 § 2. This act shall take effect immediately.