New York A 7318: Prohibits deregulation without verification of the tax abatement/credit status of a building; and requires local agencies to notify the state division of housing and community renewal of a tax exemption

Bill Text

STATE OF NEW YORK
________________________________________________________________________
7318
2019-2020 Regular Sessions
IN ASSEMBLY
April 22, 2019
___________
Introduced by M. of A. O'DONNELL -- Multi-Sponsored by -- M. of A.
EPSTEIN -- read once and referred to the Committee on Housing
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 prohibiting deregulation without verification of the tax
abatement/credit status of a building and requiring local agencies to
notify the state division of housing and community renewal of approval
of an application for a tax exemption
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 26-504.4 to read as follows:
3 § 26-504.4 Deregulation. Notwithstanding any other provision of law to
4 the contrary, the state division of housing and community renewal shall
5 verify current tax abatement/credit status of buildings before allowing
6 units to be deregulated under any applicable provision of law.
7 § 2. The administrative code of the city of New York is amended by
8 adding a new section 26-517.2 to read as follows:
9 § 26-517.2 Additional information. a. In addition to providing tenants
10 with registration information as required by subdivisions d and f of
11 section 26-517 of this chapter, the state division of housing and commu-
12 nity renewal shall give notice in writing to all owners of buildings
13 regulated pursuant to this chapter that (i) such owner must register
14 each unit as rent stabilized pursuant to section 26-517 of this chapter;
15 (ii) such owner must issue rent stabilized leases to all rental tenants;
16 and (iii) failure to register pursuant to section 26-517 of this chapter
17 may subject such owner to fines and penalties as provided in this chap-
18 ter. In addition, a copy of the notice required pursuant to this section
19 must be mailed by the state division of housing and community renewal to
20 the tenant in occupancy of each unit regulated pursuant to this chapter.
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD11039-01-9

A. 7318 2
1 b. Notice required pursuant to this section shall be provided annual-
2 ly. Such notice shall also be provided when a new tenant takes occupancy
3 of a regulated unit.
4 c. Notwithstanding any other provision of law to the contrary, local
5 agencies shall immediately notify the state division of housing and
6 community renewal in writing, on a form approved by the commissioner of
7 the state division of housing and community renewal, that an application
8 for an exemption under section four hundred twenty-one-a of the real
9 property tax law has been approved. Such notification shall provide the
10 beginning and end dates of such exemption.
11 § 3. Section 4 of chapter 576 of the laws of 1974, constituting the
12 emergency tenant protection act of nineteen seventy-four, is amended by
13 adding a new section 5-b to read as follows:
14 § 5-b. Deregulation. Notwithstanding any other provision of law to the
15 contrary, the state division of housing and community renewal shall
16 verify current tax abatement status of buildings before allowing units
17 to be deregulated under any applicable provision of law.
18 § 4. Section 4 of chapter 576 of the laws of 1974, constituting the
19 emergency tenant protection act of nineteen seventy-four, is amended by
20 adding a new section 12-b to read as follows:
21 § 12-b. Additional information. a. In addition to providing tenants
22 with registration information as required by subdivisions d and f of
23 section 12-a of this section, the state division of housing and communi-
24 ty renewal shall give notice in writing to all owners of buildings regu-
25 lated pursuant to this chapter that (i) such owner must register each
26 unit as rent stabilized; (ii) such owner must issue rent stabilized
27 leases to all rental tenants; and (iii) failure to register pursuant to
28 section 12-a of this section may subject such owner to fines and penal-
29 ties as provided in this act. In addition, a copy of the notice required
30 pursuant to this section must be mailed by the state division of housing
31 and community renewal to the tenant in occupancy of each unit regulated
32 pursuant to this chapter.
33 b. Notice required pursuant to this section shall be provided annual-
34 ly. Such notice shall also be provided when a new tenant takes occupancy
35 of a regulated unit.
36 § 5. Section 13 of section 4 of chapter 576 of the laws of 1974,
37 constituting the emergency tenant protection act of nineteen seventy-
38 four, as amended by chapter 403 of the laws of 1983, is amended to read
39 as follows:
40 § 13. Cooperation with other governmental agencies. The state divi-a.
41 sion of housing and community re