September 2021

Weekly Report for September 23, 2021

REALTORS^® testify in opposition to NYC commercial rent control; Launch Call for Action
On September 17, NYSAR submitted formal testimony in opposition to a New York City Council bill (Int. 1796) by Council Member Stephen Levin, which would impose commercial rent control throughout New York City. REALTOR^® Melissa Gomez also testified before the City Council at the virtual hearing. This legislation fails to provide the real economic relief that small businesses need and will deter commercial real estate investment. If you live in New York City, Take Action Now. Learn more about the NYC Commercial Rent Control Bill. NYSAR also recently launched a Call for Action to New York City residents opposing a City bill (Int. 2047) that would prohibit landlords and real estate brokers in New York City from conducting criminal background checks on prospective tenants.

NYSAR Legislative Working Groups meet virtually
This week, NYSAR’s Legislative Working Groups met virtually during NYSAR’s Fall Business Meetings to discuss a variety of issues including pending implementation of statewide fair housing bills approved by the State Legislature earlier this year, proposed regulatory changes before the Department of State, New York’s eviction moratorium, emergency rental assistance issues, efforts to overturn the state’s telemarketing ban during states of emergency, as well as legislative efforts before the New York City Council, among other issues.

You can now tune in virtually to NYSAR’s Legislative Policy Forum for a political and legislative update on state and federal issues on October 5 at 8:30 a.m. available on NYSAR’s Meeting Planner.

Governor Hochul requests additional rental assistance from federal government
Governor Kathy Hochul announced that she has formally requested additional emergency rental assistance funds from the federal government. Governor Hochul said that the state expects to have fully obligated or distributed all federal rental relief funds by next month. The state, however, continues to receive upwards of 9,000 applications per week, demonstrating the need. Learn more about NY’s rent relief funding.

Marc Molinaro announces run for Congress against Rep. Delgado
Dutchess County Executive Marc Molinaro announced on Tuesday that he will run for Congress in the competitive 19^th Congressional District currently held by Democratic Rep. Antonio Delgado since 2018.

Weekly Report for September 17, 2021

NYSAR issues two Calls for Action opposing NYC Council bills imposing commercial rent control and banning criminal background checks on tenant applications
NYSAR has issued two Calls for Action in New York City opposing bills before the New York City Council:

The first bill (Int. 2047) would prohibit landlords and real estate brokers in New York City from conducting criminal background checks on prospective tenants. NYSAR has engaged City Council Members over the last year on this bill, which was introduced by Council Member Stephen Levin (Brooklyn). If you live in New York City, Take Action now urging the City Council to allow for a more balanced approach, considering the rights of other tenants and property owners.
The second bill (Int. 1796) would establish a system of commercial rent control in the five boroughs. This legislation fails to provide the real economic relief that small businesses need and will deter commercial real estate investment. If you live in New York City, you can respond to the second Call for Action here. Thank you for your responses.

Judge dismisses final landlord lawsuits challenging 2019 rent reform laws
On Tuesday, a federal judge ruled to dismiss the final remaining lawsuits filed by landlords seeking to undo rent reform laws passed by the State Legislature in 2019. The Housing Stability and Tenant Protection Act of 2019 made it illegal for landlords to reject tenants based on their history in court with previous landlords, lengthened the time landlords had to evict renters in breach of lease agreements, and made it more difficult to convert rent-stabilized units to condos or co-ops, among other renter protections. In her decision, the federal judge found that landlords had failed to prove the renter protection laws violated their constitutional rights.

New York redistricting commission releases draft legislative district maps
Members of New York’s new Independent Redistricting Commission released two sets of draft maps on Wednesday for congressional and state legislative districts after failing to reach a bipartisan agreement. Final redistricting maps will have a national impact as Democrats seek to hold on to a narrow majority in the U.S. House of Representatives. The State Legislature still holds final approval power over any redistricting lines and if state lawmakers vote to reject the proposed maps, then they may draw their own district lines.

Weekly Report for September 10, 2021

NYSAR issues Call for Action opposing NYC Council bill banning criminal background checks on tenant applications
NYSAR continues to oppose a bill (Int. 2047) before the New York City Council that would prohibit landlords and real estate brokers in New York City from conducting criminal background checks on prospective tenants. NYSAR has engaged City Council Members over the last year on this bill, which was introduced by Council Member Stephen Levin (Brooklyn). NYSAR recognizes that all people need decent and safe housing, however, eliminating a key element of the screening process for applicants could place other residents in a dangerous situation. Respond to the NYSAR Call for Action urging the City Council to allow for a more balanced approach, considering the rights of other tenants and property owners. The bill has not been scheduled for a vote yet.

Landlords file legal challenge to state’s eviction moratorium extension
New York landlords filed a legal challenge in federal court Thursday arguing that Governor Hochul’s newest eviction moratorium, which was extended until January 15, 2022, violates the recent Supreme Court ruling that invalidated a main component of the state’s previous eviction moratorium which expired on August 31.

Reminder: NYSAR Fall Business Meetings – Virtual Schedule for NYSAR Legislative Working Groups
NYSAR’s Fall Business Meetings are scheduled to be a hybrid event with virtual meetings being held via Zoom from September 20–24, and in-person meetings to be held October 4–6. For a full list of virtual meetings and to register for the NYSAR Fall Business Meetings, click here. NYSAR’s Legislative Working Group meeting schedule:

Monday, September 20

10 a.m. – 11 a.m. – Commercial Issues Working Group
2 p.m. – 3 p.m. – NYC Issues Working Group
3:30 p.m. – 4:30 p.m. – Co-Op Issues Working Group

Tuesday, September 21

3 p.m. – 4:30 p.m. – Article 12a Working Group

Weekly Report for September 3, 2021

NYSAR Fall Business Meetings – NYSAR Legislative Working Group Virtual Meeting Schedule

NYSAR’s Fall Business Meetings are scheduled to be a hybrid event with virtual meetings being held via Zoom from September 20-24, and in-person meetings to be held October 4–6. Register for the NYSAR Fall Business Meetings. NYSAR’s Legislative Working Group meeting schedule:

Monday, September 20

10 a.m. – 11 a.m. – Commercial Issues Working Group
2 p.m. – 3 p.m. – NYC Issues Working Group
3:30 p.m. – 4:30 p.m. – Co-Op Issues Working Group

Tuesday, September 21

3 p.m. – 4:30 p.m. – Article 12a Working Group

Governor Hochul and State Legislature extend residential and commercial eviction moratorium until Jan. 15, 2022

On Wednesday evening, the State Legislature convened in a special session and voted to approve a bill (S.50001/A.40001) that extends the state’s residential and commercial eviction moratorium until January 15, 2022. The moratorium on foreclosures for homeowners and small commercial property owners that have experienced economic hardship due to the pandemic was also extended until January 15, 2022. Governor Kathy Hochul signed the bill into law on Thursday.

The new law now allows landlords the ability to file an affidavit challenging in court a tenant’s hardship declaration if the landlord believes that hardship does not actually exist, and that tenant should be ineligible for eviction protections. If the tenant’s declaration of hardship is found invalid, a landlord would be able to move ahead with an eviction proceeding.

The Legislature also approved $250 million in supplemental funding for tenants and landlords that did not qualify for the original Emergency Rental Assistance Program (ERAP) funds. Of those funds, $125 million is designated for landlords with tenants who have not cooperated in applying for ERAP funds or have vacated the unit while owing arrears. This supplemental funding is in addition to the $2.45 billion in federal and state funding dedicated to the state’s Emergency Rental Assistance Program. As of August 23, the program has released only $203 million to landlords, or 7 percent of the available funds. The state has approved another $605 million in relief but has yet to get that money out.

It is expected that the State Office of Temporary and Disability Assistance (OTDA) will create a new process for landlords to apply for this supplemental funding.