Emergency Tenant Protection Act 576/74

* S 8. Regulation of rents. a. Whenever a city having a population of less
than one million, or a town or village has determined the existence of
an emergency pursuant to section three of this act, the state division
of housing and community renewal shall be designated as the sole
administrative agency to administer the regulation of residential rents
as provided in this act. The costs incurred by the state division of
housing and community renewal in administering such regulation shall be
paid by such city, town or village. Such local resolution shall
forthwith be transmitted to the state division of housing and community
renewal and shall be accompanied by an initial payment in an amount
previously determined by the commissioner of housing and community
renewal as necessary to defray the division`s anticipated first year
cost. Thereafter, annually, after the close of the fiscal year of the
state, the commissioner of housing and community renewal shall determine
the amount of all costs incurred and shall certify to each such city,
town or village its proportionate share of such costs, after first
deducting therefrom the amount of such initial payment. The amount so
certified shall be paid to the commissioner by such city, town or
village within ninety days after the receipt of such certification. In
the event that the amount thereof is not paid to the commissioner as
herein prescribed, the commissioner shall certify the unpaid amount to
the comptroller, and the comptroller shall withhold such amount from the
next succeeding payment of per capita assistance to be apportioned to
such city, town or village.
b. The legislative body of any city, town or village acting to impose
regulation of residential rents pursuant to the provisions of this act
may impose on the owner of every building containing housing
accommodations subject to such regulation an annual charge for each such
accommodation in such amount as it determines to be necessary for the
expenses to be incurred in the administration of such regulation.
c. Whenever a city having a population of one million or more has
determined the existence of an emergency pursuant to section three of
this act, the provisions of this act and the New York city rent
stabilization law of nineteen hundred sixty-nine shall be administered
by the state division of housing and community renewal as provided in
the New York city rent stabilization law of nineteen hundred sixty-nine,
as amended, or as otherwise provided by law. The costs incurred by the
state division of housing and community renewal in administering such
regulation shall be paid by such city. All payments for such
administration shall be transmitted to the state division of housing and
community renewal as follows: on or after April first of each year
commencing with April, nineteen hundred eighty-four, the commissioner of
housing and community renewal shall determine an amount necessary to
defray the division`s anticipated annual cost, and one-quarter of such
amount shall be paid by such city on or before July first of such year,
one-quarter of such amount on or before October first of such year,
one-quarter of such amount on or before January first of the following
year and one-quarter of such amount on or before March thirty-first of
the following year. After the close of the fiscal year of the state, the
commissioner shall determine the amount of all actual costs incurred in
such fiscal year and shall certify such amount to such city. If such
certified amount shall differ from the amount paid by the city for such
fiscal year, appropriate adjustments shall be made in the next quarterly
payment to be made by such city. In the event that the amount thereof is
not paid to the commissioner as herein prescribed, the commissioner
shall certify the unpaid amount to the comptroller, and the comptroller
shall, to the extent not otherwise prohibited by law, withhold such
amount from the next succeeding payment of per capita assistance to be
apportioned to such city. In no event shall the amount imposed on the
owners exceed ten dollars per unit per year.
d. The failure to pay the prescribed assessment not to exceed ten
dollars per unit for any housing accommodation subject to this act or
the New York city rent stabilization law of nineteen hundred sixty-nine
shall constitute a charge due and owing such city, town or village which
has imposed an annual charge for each such housing accommodation
pursuant to subdivision b of this section. Any such city, town or
village shall be authorized to provide for the enforcement of the
collection of such charges by commencing an action or proceeding for the
recovery of such fees or by the filing of a lien upon the building and
lot. Such methods for the enforcement of the collection of such charges
shall be the sole remedy for the enforcement of this section.
e. The division shall maintain at least one office in each county
which is governed by the rent stabilization law of nineteen hundred
sixty-nine or this act.
* NB Expires June 15, 2011