N.Y. Comp. Codes R. & Regs. tit. 9 § 2500.14
Current through Register Vol. 46, No. 36, September 4, 2024
(a)Establishment(1) In each county wherein any city having a population of less than one million or any town or village has declared the existence of an emergency pursuant to the ETPA prior to June 14, 2019, there shall exist a rent guidelines board to consist of members appointed by the Commissioner of DHCR upon the recommendations of the local county legislature. Such board shall serve as the rent guidelines board for any city having a population of less than one million or any town or village within such county which has declared the existence of an emergency pursuant to the ETPA.(2) Where a city having a population of less than one million or any town or village declares the existence of an emergency pursuant to the ETPA after June 14, 2019, and such city, town or village is the first municipality in the county to declare such an emergency, the rent guidelines board shall initially consist of members appointed by the Commissioner of DHCR upon the recommendations of the local legislative body of the municipality declaring the emergency. Such recommendations shall be made within thirty days of the declaration of emergency. Once constituted, such board shall serve as the rent guidelines board for such city, town or village so long as such municipality remains the only municipality within the county to have adopted the ETPA. Following any subsequent initial local declaration of emergency by a municipality within such county, such board shall be reconstituted to ensure representation of all municipalities within such county that have adopted ETPA. Such board shall be reconstituted by the Commissioner of DHCR appointing all nine members of the board upon the recommendations of the local county legislature. If such recommendations are not made by the local county legislature within a reasonable time after the second declaration of an emergency pursuant to the ETPA by a municipality within such county, the Commissioner of DHCR may appoint the initial members of the reconstituted board upon there commendations of the local legislative bodies of the municipalities within the county that have adopted ETPA. Thereafter, such board shall serve as the rent guidelines board for any city having a population of less than one million and any town or village within such county which has declared the existence of an emergency pursuant to the ETPA.(b)Members(1) Each rent guidelines board shall consist of nine members. Two members shall be representative of tenants, two shall be representative of owners of property, and five shall be public members each of whom shall have had at least five years of 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 the ETPA or who is an officer of any owner or tenant organization shall serve on a rent guidelines board.(2) One public member, one member representative 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.(3) Members shall continue in office until their successors have been appointed and qualified. A member may be removed by the commissioner of DHCR 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. The Commissioner of DHCR shall fill any vacancy which may occur by reason of death, resignation, removal or otherwise upon recommendation by the appropriate legislative body.(4) Members are entitled to compensation for serving on the rent guidelines Board in the amount set forth in the ETPA.(c)Duties. Rent guidelines boards shall have the powers and obligations detailed in the ETPA.
N.Y. Comp. Codes R. & Regs. Tit. 9 § 2500.14
Adopted New York State Register November 8, 2023/Volume XLV, Issue 45, eff. 11/8/2023