Assembly Bill A5042A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5042--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by M. of A. BRODSKY -- Multi-Sponsored by -- M. of A. CLARK,
  GOTTFRIED -- read once and referred to the  Committee  on  Housing  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the emergency tenant protection act of  nineteen  seven-
  ty-four,  in  relation  to  qualifications  of  public members of rent
  guidelines boards

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision a of section 4 of section 4 of chapter 576 of
the laws of 1974, constituting the emergency tenant  protection  act  of
nineteen seventy-four, as amended by chapter 349 of the laws of 1979, is
amended to read as follows:
  a.  In  each  county wherein any city having a population of less than
one million or any town or village has determined the  existence  of  an
emergency  pursuant to section three of this act, there shall be created
a rent guidelines board to consist of  nine  members  appointed  by  the
commissioner of housing and community renewal upon recommendation of the
county legislature which recommendation shall be made within thirty days
after  the  first  local declaration of an emergency in such county; two
such members shall be representative of tenants, two shall be  represen-
tative  of  owners of property, and five shall be public members each of
whom shall have had at least five years experience  in  either  finance,
economics  or  housing.    One  public member shall be designated by the
commissioner to serve as chairman and shall hold no other public office.
No member, officer or employee of any municipal rent  regulation  agency
or the state division of housing and community renewal and no person who
owns  or manages real estate covered by this law or who is an officer of
any owner or tenant organization shall serve on a rent guidelines board;
PROVIDED, FURTHER, HOWEVER, NO PERSON WHO OWNS OR MANAGES MORE THAN FOUR
RENTAL UNITS WITHIN THE STATE OF NEW YORK SHALL SERVE AS A PUBLIC MEMBER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08279-02-9
              

A. 5042--A                          2

ON A RENT GUIDELINES BOARD.   One public member,  one  member  represen-
tative  of  tenants  and one member representative of owners shall serve
for a term ending two years from January first next succeeding the  date
of  their  appointment;  one public member, one member representative of
tenants and one member representative of owners shall  serve  for  terms
ending  three  years  from the January first next succeeding the date of
their appointment and three public members shall serve for terms  ending
four  years  from  January  first  next  succeeding  the  dates of their
appointment.   Thereafter, all members shall serve  for  terms  of  four
years  each.    Members  shall continue in office until their successors
have been appointed and qualified.   The  commissioner  shall  fill  any
vacancy  which may occur by reason of death, resignation or otherwise in
a manner consistent with the original appointment.    A  member  may  be
removed by the commissioner for cause, but not without an opportunity to
be heard in person or by counsel, in his defense, upon not less than ten
days  notice.  Compensation for the members of the board shall be at the
rate of one hundred dollars per day, for no  more  than  twenty  days  a
year,  except  that the chairman shall be compensated at the rate of one
hundred twenty-five dollars a day for no more than thirty days  a  year.
The  board shall be provided staff assistance by the division of housing
and community renewal.  The compensation of such members and  the  costs
of  staff assistance shall be paid by the division of housing and commu-
nity renewal which shall be  reimbursed  in  the  manner  prescribed  in
section  four  of  this  act.    The local legislative body of each city
having a population of less than one million and each town  and  village
in  which  an  emergency has been determined to exist as herein provided
shall be authorized to designate one person who shall be  representative
of tenants and one person who shall be representative of owners of prop-
erty  to  serve  at  its pleasure and without compensation to advise and
assist the county rent guidelines board in matters affecting the adjust-
ment of rents for housing accommodations in such city, town  or  village
as the case may be.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law and shall apply to public members currently serving on
a rent guidelines board; and provided  further  that  the  amendment  to
section  4  of  the emergency tenant protection act of nineteen seventy-
four made by section one of this act shall expire on the  same  date  as
such  act  expires  and  shall  not affect the expiration of such act as
provided in section 17 of chapter 576 of the laws of 1974, as amended.