STATE OF NEW YORK ________________________________________________________________________ 679 2023-2024 Regular Sessions IN ASSEMBLY January 11, 2023 ___________ Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Aging AN ACT to amend the administrative code of the city of New York and the real property tax law, in relation to notice regarding the rent increase exemption for low income elderly persons and persons with disabilities programs 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 26-605.2 to read as follows: 3 § 26-605.2 Required notice. (a) A tenant residing in a dwelling unit 4 subject to the provisions of this chapter shall be furnished a notice 5 informing such tenant about his or her potential eligibility for a rent 6 increase exemption pursuant to this chapter and the real property tax 7 law. The form and content of such notice shall be promulgated by the 8 commissioner of finance and shall include the statement: 9 "YOU MAY BE ELIGIBLE TO HAVE YOUR RENT FROZEN IF YOU ARE AGED 62 OR 10 OVER OR DISABLED, HAVE AN ANNUAL HOUSEHOLD INCOME OF $50,000 OR LESS AND 11 PAY MORE THAN ONE-THIRD OF YOUR INCOME TOWARD YOUR RENT. FOR MORE INFOR- 12 MATION ABOUT YOUR ELIGIBILITY TO HAVE YOUR RENT FROZEN, CALL 311 OR 13 VISIT (INSERT URL OF THE CURRENT WEBSITE OF THE AGENCY DESIGNATED)." 14 (b) The notice required by subdivision (a) of this section shall be 15 furnished by the following agencies or individuals at the same time as 16 the notice required by the occurrence of the following events: 17 (1) The state commissioner of housing and community renewal shall 18 provide such notice to a tenant in the event of: 19 (i) Receipt of an application for a rent adjustment due to a major 20 capital improvement; 21 (ii) A rent increase pursuant to section thirty-one of the private 22 housing finance law; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00697-01-3
A. 679 2 1 (iii) Receipt of the annual certification required by section thirty- 2 one of the private housing finance law; and 3 (iv) For dwelling units subject to chapter three of this title, a 4 maximum base rent adjustment or heating fuel cost adjustment pursuant to 5 paragraph one of subdivision g of section 26-405 of this title. 6 (2) The commissioner of housing preservation and development shall 7 provide such notice to a tenant when a lease rider is required by 9 8 NYCRR 2522.5(e)(2) for a lease containing an escalator clause providing 9 for an annual or other periodic 2.2 percent rent increase for buildings 10 receiving benefits pursuant to section four hundred twenty-one-a of the 11 real property tax law. 12 (3) The landlord of a dwelling unit shall provide such notice to a 13 tenant: 14 (i) With an initial lease and any renewal lease; and 15 (ii) Upon the annual registration of a housing accommodation as 16 required by section 26-517 of this title. 17 (c) When notice is furnished pursuant to paragraph one or two of 18 subdivision (b) of this section, such notice shall include specific 19 information as to the agency providing such notice. 20 § 2. Subdivision 3 of section 467-b of the real property tax law is 21 amended by adding a new paragraph j to read as follows: 22 j. (1) notwithstanding any provision of law to the contrary, a tenant 23 residing in a dwelling unit subject to the provisions of this section 24 shall be furnished a notice informing such tenant about his or her 25 potential eligibility for a rent increase exemption pursuant to this 26 section. The form and content of such notice shall be promulgated by 27 the state commissioner of taxation and finance and shall include the 28 statement: 29 "YOU MAY BE ELIGIBLE TO HAVE YOUR RENT FROZEN IF YOU ARE AGED 62 OR 30 OVER OR DISABLED, MEET HOUSEHOLD INCOME REQUIREMENTS AND PAY MORE THAN 31 ONE-THIRD OF YOUR INCOME TOWARDS YOUR RENT. FOR MORE INFORMATION ABOUT 32 YOUR ELIGIBILITY TO HAVE YOUR RENT FROZEN, CALL (INSERT PHONE NUMBER OF 33 THE AGENCY DESIGNATED) OR VISIT (INSERT URL OF THE CURRENT WEBSITE OF 34 THE AGENCY DESIGNATED)." 35 (2) The notice required by subparagraph one of this paragraph shall be 36 furnished by the following agencies or individuals at the same time as 37 the notice required by the occurrence of the following events: 38 (A) The state commissioner of housing and community renewal shall 39 provide such notice to a tenant in the event of: 40 (i) Receipt of an application for a rent adjustment due to a major 41 capital improvement; 42 (ii) A rent increase pursuant to section thirty-one of the private 43 housing finance law; 44 (iii) Receipt of the annual certification required by section thirty- 45 one of the private housing finance law; and 46 (iv) For dwelling units subject to chapter three of title twenty-six 47 of the administrative code of the city of New York, a maximum base rent 48 adjustment or heating fuel cost adjustment pursuant to paragraph one of 49 subdivision g of section 26-405 of the administrative code of the city 50 of New York. 51 (B) The commissioner of housing preservation and development shall 52 provide such notice to a tenant when a lease rider is required by 9 53 NYCRR 2522.5(e)(2) for a lease containing an escalator clause providing 54 for an annual or other periodic 2.2 percent rent increase for buildings 55 receiving benefits pursuant to section four hundred twenty-one-a of this 56 title.
A. 679 3 1 (C) The landlord of a dwelling unit shall provide such notice to a 2 tenant: 3 (i) With an initial lease and any renewal lease; and 4 (ii) Upon the annual registration of a housing accommodation as 5 required by section 26-517 of the administrative code of the city of New 6 York. 7 (3) When notice is furnished pursuant to item (i) or (ii) of clause 8 (A) of subparagraph two of this paragraph, such notice shall include 9 specific information as to the agency providing such notice. 10 § 3. Subdivision 3 of section 467-c of the real property tax law is 11 amended by adding a new paragraph e to read as follows: 12 e. (1) Notwithstanding any provision of law to the contrary, a tenant 13 residing in a dwelling unit subject to the provisions of this section 14 shall be furnished a notice informing such tenant about his or her 15 potential eligibility for a rent increase exemption pursuant to this 16 section. The form and content of such notice shall be promulgated by 17 the state commissioner of taxation and finance and shall include the 18 statement: 19 "YOU MAY BE ELIGIBLE TO HAVE YOUR RENT FROZEN IF YOU ARE AGED 62 OR 20 OVER OR DISABLED, MEET HOUSEHOLD INCOME REQUIREMENTS AND PAY MORE THAN 21 ONE-THIRD OF YOUR INCOME TOWARDS YOUR RENT. FOR MORE INFORMATION ABOUT 22 YOUR ELIGIBILITY TO HAVE YOUR RENT FROZEN, CALL (INSERT PHONE NUMBER OF 23 THE AGENCY DESIGNATED) OR VISIT (INSERT URL OF THE CURRENT WEBSITE OF 24 THE AGENCY DESIGNATED)." 25 (2) The notice required by subparagraph one of this paragraph shall be 26 furnished by the following agencies or individuals at the same time as 27 the notice required by the occurrence of the following events: 28 (A) The state commissioner of housing and community renewal shall 29 provide such notice to a tenant in the event of: 30 (i) Receipt of an application for a rent adjustment due to a major 31 capital improvement; 32 (ii) A rent increase pursuant to section thirty-one of the private 33 housing finance law; 34 (iii) Receipt of the annual certification required by section thirty- 35 one of the private housing finance law; and 36 (iv) For dwelling units subject to chapter three of title twenty-six 37 of the administrative code of the city of New York, a maximum base rent 38 adjustment or heating fuel cost adjustment pursuant to paragraph one of 39 subdivision g of section 26-405 of the administrative code of the city 40 of New York. 41 (B) The landlord of a dwelling unit shall provide such notice to a 42 tenant: 43 (i) With an initial lease and any renewal lease; and 44 (ii) Upon the annual registration of a housing accommodation. 45 (3) When notice is furnished pursuant to clause (A) of subparagraph 46 two of this paragraph, such notice shall include specific information as 47 to the agency providing such notice. 48 § 4. This act shall take effect on the thirtieth day after it shall 49 have become a law. Effective immediately, the addition, amendment 50 and/or repeal of any rule or regulation necessary for the implementation 51 of this act on its effective date are authorized to be made and 52 completed on or before such effective date.