STATE OF NEW YORK ________________________________________________________________________ 7990 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 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-h to read as follows: 3 § 235-h. Willful violations of certain notice requirements. A landlord 4 or any person acting on behalf of the landlord who willfully includes 5 incorrect or misleading information in any notice provided pursuant to 6 subparagraph (ii) of paragraph (f) of subdivision two of section four 7 hundred twenty-one-a of the real property tax law is guilty of a misde- 8 meanor punishable by a fine of one thousand dollars or by imprisonment 9 not exceeding one year or by both such fine and imprisonment. 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- 20 trol upon the expiration of such tax benefit period as provided in the 21 opening paragraph of this paragraph or applicable law or act and states 22 the approximate date on which such tax benefit period as provided in the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10963-02-9A. 7990 2 1 opening paragraph of this paragraph is scheduled to expire; or such unit 2 becomes vacant as provided under subparagraph (i) of this paragraph. 3 Notwithstanding the provisions of this subparagraph, the notice required 4 by this subdivision shall not be included in any lease or renewal there- 5 of if the unit to which the lease or renewal thereof pertains will 6 remain subject to rent regulation or rent control pursuant to an addi- 7 tional tax exemption or rent stabilization program after the expiration 8 of the tax benefit period as provided in the opening paragraph of this 9 paragraph. Neither a landlord nor any person acting on behalf of the 10 landlord shall include incorrect or misleading information in any notice 11 provided pursuant to this subparagraph. 12 § 3. This act shall take effect on the sixtieth day after it shall 13 have become a law and shall apply to all leases entered into, renewed or 14 extended on and after such effective date. Effective immediately the 15 addition, amendment and/or repeal of any rule or regulation necessary 16 for the implementation of this act on its effective date are authorized 17 to be made and completed on or before such date.