Bill Text: NY S05651 | 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 1-0)

Status: (Introduced - Dead) 2020-12-28 - COMMITTED TO RULES [S05651 Detail]

Download: New_York-2019-S05651-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5651--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                       May 9, 2019
                                       ___________

        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary  --  recommitted
          to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee

        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.
                                                                   LBD10963-03-0
        S. 5651--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.