Bill Text: NY A07990 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to certain notice requirements; and prohibits landlords from including incorrect information relating to rent decontrol in certain leases and renewals thereof pertaining to units subject to the Affordable New York Housing Program.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-03-12 - print number 7990a [A07990 Detail]

Download: New_York-2019-A07990-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7990--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 30, 2019
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Housing -- recommitted to the  Committee  on  Housing  in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN  ACT  to  amend  the  real property law, in relation to violations of
          certain notice requirements; and to amend the real property  tax  law,
          in relation to prohibiting landlords from including incorrect informa-
          tion relating to rent decontrol in certain leases and renewals thereof
          pertaining to units subject to the Affordable New York Housing Program

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The real property law is amended by adding  a  new  section
     2  235-i to read as follows:
     3    § 235-i. Willful violations of certain notice requirements. A landlord
     4  or  any  person  acting on behalf of the landlord who willfully includes
     5  information he or she knows to be misleading or incorrect information in
     6  any notice provided pursuant to subparagraph (ii) of  paragraph  (f)  of
     7  subdivision two of section four hundred twenty-one-a of the real proper-
     8  ty tax law is guilty of a violation punishable by a fine of one thousand
     9  dollars.
    10    §  2.  Subparagraph  (ii) of paragraph (f) of subdivision 2 of section
    11  421-a of the real property tax law, as amended by  chapter  289  of  the
    12  laws of 1985, is amended to read as follows:
    13    (ii)  with  respect to units which become subject to the provisions of
    14  this section after the effective date of  this  subparagraph,  such  tax
    15  benefit period as provided in the opening paragraph of this paragraph or
    16  applicable  law  or  act  shall  have  expired and either each lease and
    17  renewal thereof for such unit for the tenant in residence at the time of
    18  such decontrol has included a notice  in  at  least  twelve  point  type
    19  informing  such tenant that the unit shall become subject to such decon-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10963-04-0
        A. 7990--A                          2

     1  trol upon the expiration of such tax benefit period as provided  in  the
     2  opening  paragraph of this paragraph or applicable law or act and states
     3  the approximate date on which such tax benefit period as provided in the
     4  opening paragraph of this paragraph is scheduled to expire; or such unit
     5  becomes  vacant  as  provided  under subparagraph (i) of this paragraph.
     6  Notwithstanding the provisions of this subparagraph, the notice required
     7  by this subdivision shall not be included in any lease or renewal there-
     8  of if the unit to which the  lease  or  renewal  thereof  pertains  will
     9  remain  subject  to rent regulation or rent control pursuant to an addi-
    10  tional tax exemption or rent stabilization program after the  expiration
    11  of  the  tax benefit period as provided in the opening paragraph of this
    12  paragraph. Neither a landlord nor any person acting  on  behalf  of  the
    13  landlord shall include incorrect or misleading information in any notice
    14  provided pursuant to this subparagraph.
    15    §  3.  This  act  shall take effect on the sixtieth day after it shall
    16  have become a law and shall apply to all leases entered into, renewed or
    17  extended on and after such effective  date.  Effective  immediately  the
    18  addition,  amendment  and/or  repeal of any rule or regulation necessary
    19  for the implementation of this act on its effective date are  authorized
    20  to be made and completed on or before such date.