Bill Text: NY S01916 | 2019-2020 | General Assembly | Introduced

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Bill Title: Precludes owners from collecting further rent increases if they fail to pay their housing unit fee.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S01916 Detail]

Download: New_York-2019-S01916-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1916
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 17, 2019
                                       ___________
        Introduced  by  Sens.  KRUEGER,  HOYLMAN,  MONTGOMERY  -- 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
          emergency tenant protection act of nineteen seventy-four, in  relation
          to housing unit fees
          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 26-517.1  of  the  administrative
     2  code  of  the  city  of New York, as added by local law number 95 of the
     3  city of New York for the year 1985, is amended to read as follows:
     4    a. The [Department] department of [Finance] finance shall collect from
     5  the owner of each housing accommodation registered pursuant to [Section]
     6  section 26-517 of this [law] chapter an annual  fee  in  the  amount  of
     7  [ten]  thirty  dollars  per  year  for each unit subject to this law, in
     8  order to defray costs incurred by the city pursuant to subdivision c  of
     9  section eight of the emergency tenant protection act of nineteen hundred
    10  seventy-four.
    11    §  2. Subdivisions c and d of section 8 of section 4 of chapter 576 of
    12  the laws of 1974 constituting the emergency  tenant  protection  act  of
    13  nineteen  seventy-four,  subdivision c as amended by section 5 of part Z
    14  of chapter 56 of the laws of 2010 and subdivision d as amended by  chap-
    15  ter 116 of the laws of 1997, are amended to read as follows:
    16    c.  Whenever  a  city  having  a population of one million or more has
    17  determined the existence of an emergency pursuant to  section  three  of
    18  this act, the provisions of this act and the New York city rent stabili-
    19  zation  law  of nineteen hundred sixty-nine shall be administered by the
    20  state division of housing and community renewal as provided in  the  New
    21  York  city  rent  stabilization  law  of nineteen hundred sixty-nine, as
    22  amended, or as otherwise provided by law.  The  costs  incurred  by  the
    23  state  division  of  housing and community renewal in administering such
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02529-01-9
        S. 1916                             2
     1  regulation shall be paid by such city. All payments  for  such  adminis-
     2  tration shall be transmitted to the state division of housing and commu-
     3  nity renewal as follows: on or after April first of each year commencing
     4  with  April,  nineteen  hundred eighty-four, the commissioner of housing
     5  and community renewal shall determine an amount necessary to defray  the
     6  division's anticipated annual cost, and one-quarter of such amount shall
     7  be  paid  by such city on or before July first of such year, one-quarter
     8  of such amount on or before October first of such year,  one-quarter  of
     9  such  amount  on  or before January first of the following year and one-
    10  quarter of such amount on or before March thirty-first of the  following
    11  year.  After the close of the fiscal year of the state, the commissioner
    12  shall determine the amount of all actual costs incurred in  such  fiscal
    13  year  and  shall  certify  such  amount  to such city. If such certified
    14  amount shall differ from the amount paid by the  city  for  such  fiscal
    15  year,  appropriate  adjustments  shall  be  made  in  the next quarterly
    16  payment to be made by such city. In the event that the amount thereof is
    17  not paid to the commissioner  as  herein  prescribed,  the  commissioner
    18  shall  certify the unpaid amount to the comptroller, and the comptroller
    19  shall, to the extent not otherwise  prohibited  by  law,  withhold  such
    20  amount  from  any  state aid payable to such city. In no event shall the
    21  amount imposed on the owners exceed [ten] thirty dollars  per  unit  per
    22  year.
    23    d.  The  failure  to pay the prescribed assessment not to exceed [ten]
    24  thirty dollars per unit for any housing accommodation  subject  to  this
    25  act  or  the  New  York  city rent stabilization law of nineteen hundred
    26  sixty-nine shall constitute a charge due and owing such  city,  town  or
    27  village  which has imposed an annual charge for each such housing accom-
    28  modation pursuant to subdivision b of this section. Any such city,  town
    29  or  village  shall  be  authorized to provide for the enforcement of the
    30  collection of such charges by commencing an action or proceeding for the
    31  recovery of such fees or by the filing of a lien upon the  building  and
    32  lot.  Such methods for the enforcement of the collection of such charges
    33  shall be the sole remedy for the enforcement of this section.
    34    § 3. The increased revenues payable each year to the  commissioner  of
    35  the state division of housing and community renewal pursuant to this act
    36  shall  be divided equally by the commissioner between the office of rent
    37  administration and the office of the tenant protection unit  within  the
    38  division  of  housing and the community renewal and shall be utilized by
    39  the commissioner in addition to and not in substitution for  the  levels
    40  of  funding  from  all  sources  provided to the office of rent adminis-
    41  tration and the office of the tenant protection unit  on  the  effective
    42  date of this act.
    43    §  4. This act shall take effect immediately; provided that the amend-
    44  ments to section 26-517.1 of chapter 4 of title 26 of the administrative
    45  code of the city of New York made by  section  one  of  this  act  shall
    46  expire  on  the  same  date as such law expires and shall not affect the
    47  expiration of such law as provided under section 26-520 of such law; and
    48  provided further that the amendments  to  section  8  of  the  emergency
    49  tenant  protection  act  of nineteen seventy-four made by section two of
    50  this act shall expire on the same date as such act expires and shall not
    51  affect the expiration of such act as provided in section 17  of  chapter
    52  576 of the laws of 1974.