Directs the commissioner of housing and community renewal to promulgate rules and regulations regarding the use of electronic records and signatures for residential leases and lease renewals of units for which the owner is required to file annual registration statements.
STATE OF NEW YORK
________________________________________________________________________
8864
IN SENATE
July 31, 2020
___________
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public housing law, in relation to directing the
commissioner of housing and community renewal to promulgate rules and
regulations regarding the use of electronic records and signatures for
certain residential leases
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public housing law is amended by adding a new section
2 19-a to read as follows:
3 § 19-a. Electronic lease regulations. 1. The commissioner, in consul-
4 tation with the electronic facilitator as defined in section three
5 hundred three of the state technology law, shall promulgate rules and
6 regulations authorizing the use of electronic records or signatures on a
7 voluntary basis by tenants for residential leases and lease renewals of
8 units for which the owner is required to file annual registration state-
9 ments, pursuant to either section twelve-a of the emergency tenant
10 protection act of nineteen seventy-four or section 26-517 of the admin-
11 istrative code of the city of New York, in a manner that conforms with
12 the requirements of article three of the state technology law.
13 2. Such rules and regulations shall include, but not be limited to,
14 procedures to ensure that the tenant affirmatively consented to the use
15 of electronic records and that the use of electronic records and signa-
16 tures is voluntary pursuant to section three hundred nine of the state
17 technology law.
18 3. The division shall also develop a form in the top six languages
19 other than English spoken in the state according to the latest available
20 data from the U.S. Bureau of Census that confirms a tenant's affirmative
21 consent to the use of electronic records. Such form shall clearly state
22 the requirement that the use of electronic records and signatures is
23 voluntary and cannot be required by a landlord, cite the relevant parts
24 of the electronic signatures and records act, and require that copies of
25 this signed consent be provided to the tenant and the division. No elec-
26 tronic records shall be accepted for any unit by the division unless
27 such consent form is on file with the division.
28 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15196-02-0
