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Bill

A 10727

Enacts the "housing transparency act"

2025 Regular Session Introduced by Al Taylor

Creates a statewide rental unit compliance registry with occupancy, habitability, and certification data to increase transparency while protecting tenant privacy.

PRINT NUMBER 10727A
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WeVote Research Nonpartisan
Bill Summary · A 10727

Overview

A 10727, the Housing Transparency Act, would add a new article (7-B) to New York Real Property Law to create a statewide rental unit compliance registry and related reporting requirements. The measure aims to improve transparency about occupancy status, habitability compliance, and building conditions in covered rental properties, while preserving local enforcement authority and tenant privacy.

Main purpose and intent

  • Increase public access to standardized information about rental housing, occupancy, and code compliance.
  • Enhance data to support housing policy, enforcement of habitability standards, and tenant decision-making.
  • Minimize administrative burdens on small property owners and avoid preempting local codes.

Key provisions and changes

  • Definitions (article 7-B, §239-m):

    • “Rental unit,” “covered building” (more than 2 rental units), “owner,” and occupancy statuses (occupied, vacant but available, vacant undergoing repairs, or not habitable by order).
    • Introduces pre-occupancy compliance certification and turnover certification.
    • Distinguishes small property owners (≤3 units, ≤1 covered building in state).

  • Rental Unit Compliance Registry (§239-n):

    • Within one year of enactment, the Division of Housing and Community Renewal (DHCR) must establish a statewide registry for covered buildings.
    • Annual owner registration required, including: building address, total units, occupancy status of each unit, date of last government inspection, any open violations, and certification of habitability for occupied units.
    • Registry information must be publicly accessible via an online portal.
    • DHCR will coordinate with local code enforcement to avoid duplication.
    • DHCR may issue implementing regulations.

  • Pre-occupancy and Turnover Certification (§239-o):

    • Before new tenancy starts in a covered building, owners must file a pre-occupancy certification confirming no hazardous violations, functioning smoke/CO detectors, no vacate/condemnation orders, and habitability compliance.
    • A copy must be provided to the tenant at or before lease signing.
    • Within 30 days after tenancy ends, owners must submit a turnover certification detailing vacancy/repair status and violation corrections.
    • No additional inspections are required beyond existing law.

  • Voluntary Tenant Occupancy Reporting (§239-p):

    • DHCR to offer a secure mechanism for tenants to voluntarily confirm occupancy, tenancy terms, and concerns about noncompliance.
    • Tenant reporting cannot be penalized or retaliated against; information is private, used for verification/enforcement, and does not alter lease terms.

  • Lease Term Election (§239-q):

    • For new tenancies, owners must offer lease terms of 6, 12, or 24 months.
    • Different rental rates by term allowed if compliant with law.
    • Exemptions: small property owners; owner-occupied buildings with ≤3 units; temporary housing (<6 months).

  • Enforcement and Penalties (§239-r):

    • DHCR can audit registry submissions.
    • Civil penalties: up to $500 per unit per year for failure to register or provide certifications; up to $1,000 per unit for knowingly false information.
    • 30-day cure period after notice of noncompliance.
    • Noncompliant units may be barred from rent increases.
    • Repeated or willful violations may be referred to the attorney general.

  • Privacy and Data Protection (§239-s):

    • Personal tenant information must not be publicly disclosed.
    • Reasonable safeguards required to protect confidential data.
    • Data used only for housing administration, verification, reporting, and enforcement.

  • Implementation Timeline and Reporting (§239-t):

    • By two years after enactment: apply to buildings with 20+ units.
    • By three years: apply to buildings with 6–19 units.
    • By four years: apply to all covered buildings.
    • By four years: DHCR must report to the Legislature on implementation, compliance rates, and administrative impact.

Impact and who is affected

  • Affected: Owners of covered buildings (more than 2 rental units), with phased applicability based on building size; tenants (privacy protections apply); local code enforcement agencies; and the DHCR.
  • Small property owners receive exemptions from certain requirements (lease term election, some registration obligations) to limit administrative burden.
  • Public access to registry data (except tenant-private information) aims to improve market transparency.

Procedural and timeline notes

  • Takes effect 18 months after enactment.
  • Immediate rulemaking authority granted to implement the act.
  • Progressive rollout: 20+ unit buildings first, then 6–19 units, then all units, with a state-wide reporting requirement at four years.

Overall, the bill emphasizes transparency, data-driven housing policy, and enhanced enforcement while safeguarding privacy and accommodating small landlords.

Compiled from official sources — confirm details with the bill’s official record.

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