Res. No. 385
Resolution calling on the New York State Legislature to pass, and the Governor to sign, S2856, a bill which relates to the appointment and qualifications of members of rent boards.
By Council Members Rivera, Louis, Hanif, Restler and Avilés
Whereas, The Rent Guidelines Board (“RGB”) is the entity mandated by New York State law to establish rent adjustments for all dwelling units subject to the Rent Stabilization Law in New York City, which currently comprises approximately one million units; and
Whereas, The Rent Guidelines Board in New York City was established by the New York State Rent Stabilization Law of 1969, which also established the power of the Mayor to appoint all members of the Rent Guidelines Board; and
Whereas, The Rent Guidelines Board consists of nine members, of whom two are appointed to represent tenant interests, two are appointed to represent owner interests, and five are appointed to represent the general public; and
Whereas, The New York City Council, the elected legislative body of the City of New York, has no role in advising or determining who the Mayor appoints to the RGB, despite the decisions of the RGB affecting constituents in all of their districts; and
Whereas, The Rent Guidelines Board holds an annual series of public meetings and hearings in which they receive testimony and research from their staff, as well as testimony from owners, tenants, advocacy groups, and industry experts, to inform their rent adjustment decision; and
Whereas, In a 5-4 vote in June 2022, the Rent Guidelines Board approved 3.25% and 5% rent increases for one- and two-year leases, respectively, for rent-stabilized lease renewals occurring between October 1, 2022 and September 30, 2023; and
Whereas, This approved rent increase is the highest since 2013, which saw 4% and 7.75% increases for one- and two-year leases; and
Whereas, This rent increase decision received criticism from both renters and owners, and New York City’s slow recovery from the COVID-19 pandemic was cited by many critics of the increase, with tenants and tenant advocates decrying the increased expense and its potential to increase homelessness and exacerbate cost-of-living problems for renting New Yorkers, and with landlords and landlord organizations maintaining how the approved increase was not nearly enough to cover increasing property ownership costs; and
Whereas, Discontent over the RGB’s decision process has been reported, with some emphasizing the lack of transparency on how exactly the RGB calculates its rent adjustment rates, while others cited past RGB rent adjustment decisions in prior mayoral administrations to highlight how, more often than not, the RGB’s final rent adjustments follow the political makeup of the board members; and
Whereas, Other governing entities operating in New York City whose decisions affect New Yorkers citywide have member appointment processes which allow for input from local elected officials besides the Mayor, such as the Board of Health whose 11 members are appointed by the Mayor with the advice and consent of the City Council, the Civil Service Commission whose five members are appointed by the Mayor but require the advice and consent of the City Council before serving their terms, and the Taxi and Limousine Commission whose members are likewise approved through the power of advice and consent by a majority vote from New York City Council Members; and
Whereas, There is no recourse for either the New York City Council or the public to dispute final approved rent increases from the RGB or to express a voice in the Mayor’s process for appointees to the RGB, despite the fact that the decisions made by the Rent Guidelines Board affect a significant aspect of the lives of millions of New Yorkers; and
Whereas, Allowing for locally elected New York City Council Members to provide advice and consent regarding potential appointees to the RGB would provide invaluable representation for millions of New Yorkers; and
Whereas, S2856 is a bill in the New York State legislature which provides that the New York City Council shall have the power of advice and consent for the mayor’s appointments to a rent board and also requires public members to have certain experience in public service, urban planning, social sciences, and social services; now, therefore, be it
Resolved, That the Council of the City of New York calls on the New York State Legislature to pass, and the Governor to sign, S2856, a bill which relates to the appointment and qualifications of members of rent boards.
CCK
LS # 9103
10/28/2022