Int. No. 859
By Council Members Michels, Linares, Perkins, Reed, Marshall, Quinn, DiBrienza, Nelson, Carrion, Eldridge, Lopez, Miller and Moskowitz; also Council Members Clarke, Foster, Leffler and Rodriguez
A Local Law to amend the administrative code of the city of New York, in relation to the appointment of members of the rent guidelines board.
Be it enacted by the Council as follows:
Section 1. Section 31 of the New York city charter, as amended by the electors at the general election on November 7, 1989, is amended to read as follows:
§31. Power of advice and consent. Appointment by the mayor of the commissioner of investigation and of the members of the art commission, board of health (other than the chair), board of standards and appeals, city planning commission (other than the chair), civil service commission, landmarks preservation commission, rent guidelines board, tax commission, taxi and limousine commission and the public members of the environmental control board shall be made with the advice and consent of the council after a public hearing. Within thirty days after the first stated meeting of the council after receipt of a nomination, the council shall hold a hearing and act upon such nomination, and in the event it does not act within such period, the nomination shall be deemed to be confirmed.
§2. Subdivision a of section 26-510 of the administrative code of the city of New York is amended to read as follows:
a. There shall be a rent guidelines board to consist of nine members, appointed by the mayor with the advice and consent of the council. 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 experience in either [finance, economics] public service, service with not-for-profit organizations or housing. One public member shall be designated by the mayor with the advice and consent of the Council to serve as [chairman] chair and shall hold no other public office. No [member, officer or] employee of any [municipal rent regulation] mayoral or non-mayoral agency or the state division of housing and community renewal and no person who owns or manages more than two rental apartments [real estate covered by this law or who is an officer of any owner or tenant organization] shall serve on [a] the rent guidelines board. [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 two public members shall serve for terms ending four years from January first next succeeding the dates of their appointment.] Members of the board shall serve two-year terms, beginning the later of the date of appointment or the expiration of the term of the member whom the appointee is succeeding. The [chairman] chair shall serve at the pleasure of the mayor. Thereafter, all members shall continue in office until their successors have been appointed and qualified. The mayor with the advice and consent of the council shall fill any vacancy which may occur by reason of death, resignation or otherwise in a manner consistent with [the original appointment] the provisions of this subdivision. A member may be removed by the mayor for cause, but not without an opportunity to be heard in person or by counsel, in his or her defense, upon not less than ten days notice. A successor to such member shall be appointed in accordance with this subdivision to serve the balance of the term of member who was removed.
§3. This local law shall take effect ninety days after enactment.
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12/13/00, 6:00 p.m.
LS#3539