N.Y. Emergency Tenant Protection Act 576/74 § 8: Administration

§ 8. Administration. 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, in consultation with the director of the

budget, 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, in

consultation with the director of the budget, 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, in

consultation with the director of the budget, as herein prescribed, the

commissioner, in consultation with the director of the budget, shall

certify the unpaid amount to the comptroller, and the comptroller shall,

to the extent not otherwise prohibited by law, withhold such amount from

any state aid payable to such city. In no event shall the amount imposed

on the owners exceed twenty dollars per unit per year.

d. Notwithstanding subdivision c of this section or any other

provision of law to the contrary, whenever the state has incurred any

costs as a result of administering the rent regulation program for a

city having a population of one million or more in accordance with

subdivision c of this section, on or after April first of each year, the

commissioner of housing and community renewal, in consultation with the

director of the budget, shall determine an amount necessary to defray

the state's anticipated annual cost. In the event that the division does

not send a bill to the city to defray such costs in accordance with

subdivision c of this section, it shall submit to the city an invoice

showing all such costs as soon as practicable after the start of the

state fiscal year in which the costs are to be incurred. The director of

the budget may direct any other state agency to reduce the amount of any

other payment or payments owed to such city or any department, agency,

or instrumentality thereof; provided however, that such reduction shall

be made no sooner than thirty days after the transmittal of the invoice

of costs, and shall be in an amount equal to the costs incurred by the

state in administering the rent regulation program for such city in

accordance with subdivision c of this section. Within thirty days of the

receipt of the invoice of costs, the city may send to the division, in

written form, requests for additional information relating to such

costs, including any recommendations on which local assistance payment

would be reduced. If the director of the budget makes such direction in

accordance with this subdivision, the impacted city shall not make the

payments required by subdivision c of this section, and the division of

housing and community renewal shall notify such city in writing of what

payment or payments will be reduced and the amount of the reduction and

shall suballocate, as necessary, the value of the costs it incurred to

the agency or agencies which reduces the payments to such city or any

department, agency or authority thereof in accordance with this

subdivision.

e. The failure to pay the prescribed assessment not to exceed twenty

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.

f. 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; provided, however, that the division shall not

be required to maintain an office in the counties of Nassau, Rockland,

or Richmond.