BILL NUMBER: S912
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the executive law, the state finance law, the multiple
residence law and the multiple dwelling law, in relation to a statewide
residential rental registry
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would mandate the creation of a statewide residential rental
registry
 
SUMMARY OF PROVISIONS:
Section one of the bill amends the executive law by adding a new section
381a. The new section 381-a:
*requires the secretary of state to authorize and direct funds allocated
through chapter 53 of the laws of 2021 enacting the aid to localities
budget and appropriating funds for reasonable costs associated with
services and expenses of a local code enforcement program. The secretary
will use moneys held in the fund designated for state assistance to
local governments for support of activities related to fire prevention
and building codes, as well as to reimburse localities for reasonable
costs incurred to comply with the provisions of section 54-g of the
state finance law;
*requires the secretary of state to administer a statewide residential
rental registry and to develop an online database designed to dissem-
inate registry information along with code enforcement matters to the
public. Owners of covered units will be required to register once every
three years unless the owner is already required to register with a
local government. Any local government registration program will be
required to report its registry information to the department of state
for publication. An owner's failure to register shall be the basis for
civil penalties and prevent recovery of the unit in court for unpaid
rent;
* defines words and terms used for new section 381-a;
*requires that the owner of a covered dwelling shall register such
dwelling with the department annually in accordance with the rules and
regulations prescribed by the secretary, except if the owner is already
required to register with local government in a manner that complies
with the rules and regulations prescribed in this section and if also
provided that a public online searchable database of residential rental
units registered shall be available and comply with the requirements
applicable to subdivision eight of this section;
*establishes penalties for an owner who is required to register under
this section and fails to register;
*requires the secretary to develop and maintain an online portal or
other electronic means for local governments to submit or make available
to the department registration and code enforcement violations. The
department shall provide financial and technical assistance if a local
government lacks technical capacity to comply;
*requires the secretary to promulgate rules and regulations prescribing
standards for administration and enforcement of the statewide rental
registry;
*requires the secretary to create and maintain through the department of
state's website, a public online searchable database of residential
rental units registered under this section. The database shall generate
a report of last valid information registered pursuant to the informa-
tion outlined in subdivision eight of this section;
*allows courts to take judicial notice of the visually displayed or
printed computerized registration and violation information maintained
by the department of state pursuant to the statewide residential rental
registry provisions; and
*sets dates by which the registration of covered dwellings under this
section shall commence and the public online searchable database shall
be active;
Section two of the bill amends subdivision one of Section 54-g of the
state finance law by adding a new paragraph c, regarding the authori-
zation of monies for reasonable costs of activities necessary to imple-
ment and comply with the provisions of the section.
Section three of the bill amends section 307 of the multiple residence
law to allow courts to take judicial notice of the visually displayed or
printed computerized registration and violation information maintained
by the department of state pursuant to the statewide residential rental
registry provisions.
Section four of the bill amends subdivision 3 of section 328 of the
multiple dwelling law to state all computerized data as shall be rele-
vant to the enforcement of state and local laws for the establishment
and maintenance of housing standards shall be prima facie evidence of
any matter stated and allows the courts to take judicial notice.
Section five of the bill establishes the effective date.
JUSTIFICATION:
On August 5, 2019, the Committees on Investigations and Government Oper-
ations and Housing, Construction, and Community Development released a
report on code enforcement in New York State. The investigation
concluded the lack of prioritization of code enforcement in munici-
palities across the State is significantly contributing to the culture
of poor compliance that ultimately endangers the lives of residents and
first responders. The report found that several municipalities had
difficulty serving notices of violation and orders to comply because the
owner or landlord did not reside within the community or the LLC owner
had no registered agent. The report recommended the creation of a state-
wide residential rental registry to help address this problem.
 
PRIOR LEGISLATIVE HISTORY:
2024: S2505 (Kavanagh)-REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY
DEVELOPMENT
2023: S2505 (Kavanagh)-REPORTED AND COMMITTED TO FINANCE
2022: S2811A (Kavanagh)- COMMITTED TO RULES
2021: S2811A (Kavanagh)- PASSED SENATE
2020: S7288 (Kavanagh)-PASSED SENATE /A9615 (Zebrowski) - referred to
housing
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S912: 54-g state finance law, 54-g(1) state finance law, 307 multiple residence law, 328 multiple dwelling law, 328(3) multiple dwelling law