Bill Text: NY S00512 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires certain agencies and individuals to provide notice regarding the rent increase exemption for low income elderly persons and persons with disabilities programs to tenants upon the occurrence of certain events.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S00512 Detail]
Download: New_York-2021-S00512-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 512 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sens. KRUEGER, RIVERA -- 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 administrative code of the city of New York and the real property tax law, in relation to notice regarding the rent increase exemption for low income elderly persons and persons with disabilities programs The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The administrative code of the city of New York is amended 2 by adding a new section 26-605.2 to read as follows: 3 § 26-605.2 Required notice. (a) A tenant residing in a dwelling unit 4 subject to the provisions of this chapter shall be furnished a notice 5 informing such tenant about his or her potential eligibility for a rent 6 increase exemption pursuant to this chapter and the real property tax 7 law. The form and content of such notice shall be promulgated by the 8 commissioner of finance and shall include the statement: 9 "YOU MAY BE ELIGIBLE TO HAVE YOUR RENT FROZEN IF YOU ARE AGED 62 OR 10 OVER OR DISABLED, HAVE AN ANNUAL HOUSEHOLD INCOME OF $50,000 OR LESS AND 11 PAY MORE THAN ONE-THIRD OF YOUR INCOME TOWARD YOUR RENT. FOR MORE INFOR- 12 MATION ABOUT YOUR ELIGIBILITY TO HAVE YOUR RENT FROZEN, CALL 311 OR 13 VISIT (INSERT URL OF THE CURRENT WEBSITE OF THE AGENCY DESIGNATED)." 14 (b) The notice required by subdivision (a) of this section shall be 15 furnished by the following agencies or individuals at the same time as 16 the notice required by the occurrence of the following events: 17 (1) The state commissioner of housing and community renewal shall 18 provide such notice to a tenant in the event of: 19 (i) Receipt of an application for a rent adjustment due to a major 20 capital improvement; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00494-01-1S. 512 2 1 (ii) A rent increase pursuant to section thirty-one of the private 2 housing finance law; 3 (iii) Receipt of the annual certification required by section thirty- 4 one of the private housing finance law; and 5 (iv) For dwelling units subject to chapter three of this title, a 6 maximum base rent adjustment or heating fuel cost adjustment pursuant to 7 paragraph one of subdivision g of section 26-405 of this title. 8 (2) The commissioner of housing preservation and development shall 9 provide such notice to a tenant when a lease rider is required by 9 10 NYCRR 2522.5(e)(2) for a lease containing an escalator clause providing 11 for an annual or other periodic 2.2 percent rent increase for buildings 12 receiving benefits pursuant to section four hundred twenty-one-a of the 13 real property tax law. 14 (3) The landlord of a dwelling unit shall provide such notice to a 15 tenant: 16 (i) With an initial lease and any renewal lease; and 17 (ii) Upon the annual registration of a housing accommodation as 18 required by section 26-517 of this title. 19 (c) When notice is furnished pursuant to paragraph one or two of 20 subdivision (b) of this section, such notice shall include specific 21 information as to the agency providing such notice. 22 § 2. Subdivision 3 of section 467-b of the real property tax law is 23 amended by adding a new paragraph j to read as follows: 24 j. (1) notwithstanding any provision of law to the contrary, a tenant 25 residing in a dwelling unit subject to the provisions of this section 26 shall be furnished a notice informing such tenant about his or her 27 potential eligibility for a rent increase exemption pursuant to this 28 section. The form and content of such notice shall be promulgated by 29 the state commissioner of taxation and finance and shall include the 30 statement: 31 "YOU MAY BE ELIGIBLE TO HAVE YOUR RENT FROZEN IF YOU ARE AGED 62 OR 32 OVER OR DISABLED, MEET HOUSEHOLD INCOME REQUIREMENTS AND PAY MORE THAN 33 ONE-THIRD OF YOUR INCOME TOWARDS YOUR RENT. FOR MORE INFORMATION ABOUT 34 YOUR ELIGIBILITY TO HAVE YOUR RENT FROZEN, CALL (INSERT PHONE NUMBER OF 35 THE AGENCY DESIGNATED) OR VISIT (INSERT URL OF THE CURRENT WEBSITE OF 36 THE AGENCY DESIGNATED)." 37 (2) The notice required by subparagraph one of this paragraph shall be 38 furnished by the following agencies or individuals at the same time as 39 the notice required by the occurrence of the following events: 40 (A) The state commissioner of housing and community renewal shall 41 provide such notice to a tenant in the event of: 42 (i) Receipt of an application for a rent adjustment due to a major 43 capital improvement; 44 (ii) A rent increase pursuant to section thirty-one of the private 45 housing finance law; 46 (iii) Receipt of the annual certification required by section thirty- 47 one of the private housing finance law; and 48 (iv) For dwelling units subject to chapter three of title twenty-six 49 of the administrative code of the city of New York, a maximum base rent 50 adjustment or heating fuel cost adjustment pursuant to paragraph one of 51 subdivision g of section 26-405 of the administrative code of the city 52 of New York. 53 (B) The commissioner of housing preservation and development shall 54 provide such notice to a tenant when a lease rider is required by 9 55 NYCRR 2522.5(e)(2) for a lease containing an escalator clause providing 56 for an annual or other periodic 2.2 percent rent increase for buildingsS. 512 3 1 receiving benefits pursuant to section four hundred twenty-one-a of this 2 title. 3 (C) The landlord of a dwelling unit shall provide such notice to a 4 tenant: 5 (i) With an initial lease and any renewal lease; and 6 (ii) Upon the annual registration of a housing accommodation as 7 required by section 26-517 of the administrative code of the city of New 8 York. 9 (3) When notice is furnished pursuant to item (i) or (ii) of clause 10 (A) of subparagraph two of this paragraph, such notice shall include 11 specific information as to the agency providing such notice. 12 § 3. Subdivision 3 of section 467-c of the real property tax law is 13 amended by adding a new paragraph e to read as follows: 14 e. (1) Notwithstanding any provision of law to the contrary, a tenant 15 residing in a dwelling unit subject to the provisions of this section 16 shall be furnished a notice informing such tenant about his or her 17 potential eligibility for a rent increase exemption pursuant to this 18 section. The form and content of such notice shall be promulgated by 19 the state commissioner of taxation and finance and shall include the 20 statement: 21 "YOU MAY BE ELIGIBLE TO HAVE YOUR RENT FROZEN IF YOU ARE AGED 62 OR 22 OVER OR DISABLED, MEET HOUSEHOLD INCOME REQUIREMENTS AND PAY MORE THAN 23 ONE-THIRD OF YOUR INCOME TOWARDS YOUR RENT. FOR MORE INFORMATION ABOUT 24 YOUR ELIGIBILITY TO HAVE YOUR RENT FROZEN, CALL (INSERT PHONE NUMBER OF 25 THE AGENCY DESIGNATED) OR VISIT (INSERT URL OF THE CURRENT WEBSITE OF 26 THE AGENCY DESIGNATED)." 27 (2) The notice required by subparagraph one of this paragraph shall be 28 furnished by the following agencies or individuals at the same time as 29 the notice required by the occurrence of the following events: 30 (A) The state commissioner of housing and community renewal shall 31 provide such notice to a tenant in the event of: 32 (i) Receipt of an application for a rent adjustment due to a major 33 capital improvement; 34 (ii) A rent increase pursuant to section thirty-one of the private 35 housing finance law; 36 (iii) Receipt of the annual certification required by section thirty- 37 one of the private housing finance law; and 38 (iv) For dwelling units subject to chapter three of title twenty-six 39 of the administrative code of the city of New York, a maximum base rent 40 adjustment or heating fuel cost adjustment pursuant to paragraph one of 41 subdivision g of section 26-405 of the administrative code of the city 42 of New York. 43 (B) The landlord of a dwelling unit shall provide such notice to a 44 tenant: 45 (i) With an initial lease and any renewal lease; and 46 (ii) Upon the annual registration of a housing accommodation. 47 (3) When notice is furnished pursuant to clause (A) of subparagraph 48 two of this paragraph, such notice shall include specific information as 49 to the agency providing such notice. 50 § 4. This act shall take effect on the thirtieth day after it shall 51 have become a law. Effective immediately, the addition, amendment and/or 52 repeal of any rule or regulation necessary for the implementation of 53 this act on its effective date are authorized and directed to be made 54 and completed on or before such effective date.
