APPENDIX
F:
Bylaws of the New York City Rent Guidelines Board
Article
One
Organization
Name: The
name of this organization shall be NEW YORK CITY RENT GUIDELINES BOARD
(herein referred to as the "Board").
Article
Two
Purpose
and Powers
The Board
shall establish annually guidelines for rent adjustments for rent stabilized
housing accommodations in New York City which are subject to the New
York City Rent Stabilization Law of 1969 (hereinafter referred to as
the "RSL") and the New York State Emergency Tenant Protection Act of
1974 (hereinafter referred to as the " ETPA"), including any extensions,
amendments of renewals thereof.
The Board shall have the power to do any and all acts consistent with the
provisions of the RSL and consistent with any and all enabling state and
federal legislation, such as but not limited to, the ETPA. In
setting these guidelines, the Board shall consider, among other things
(1) the economic condition of the residential real estate industry in the
affected area including such factors as the prevailing and projected (i)
real estate taxes and sewer and water rates, (ii) gross operating maintenance
costs (including insurance rates, cost of fuel and labor costs), (iii)
costs and availability of financing (including effective rates of interest),
(iv) over-all supply of housing accommodations and over-all vacancy rates,
(2) relevant data from the current and projected cost of living indices
for the affected area, (3) such other data as may be made available to
it.
Article
Three
Membership
The Board
shall consist of 9 members. Appointment, removal and qualifications of
Board members shall be in accord with the RSL.
Article
Four
Officers
One public
member shall be designated by the Mayor to serve as Chairman and shall
hold no other public office. The
Chairman shall be chief administrative officer of the Board and among
his or her powers and duties he or she shall have the authority to employ,
assign and supervise the employees of the Board and enter into contracts
for consultant services.
Article
Five
Compensation
of Members
Board members
shall be compensated in accordance with the provisions of the RSL.
Article
Six
Staff
The Board
shall have a permanent staff to assist it in carrying out its mandate.
The staff may consist of an Executive Director/Research Director, Research
Associate, Counsel, Office Manager and Secretary. Notwithstanding anything
herein to the contrary, the Chairman may modify the composition of the
staff by adding of subtracting employees or by changing their responsibilities,
provided such modifications are consistent with the overall financial
resources of the Board.
Article
Seven
Hearings
and Meetings
Annual
Hearings. Prior to the annual adjustments of the level of fair
rents for dwelling units and hotel units covered by the RSL
the Board shall hold a public hearing, or hearings for the
purpose of collecting information.
Annual
Meetings. Pursuant to the RSL, the Board shall hold public
meetings sufficient in number to enable it to fulfill its statutory
mandate of issuing annual guidelines for units covered under
the RSL.
Special
Meetings and Hearings. The Chairman may hold hearings and/or
meetings in addition to those above mentioned for any purpose
consistent with the Board's mandate.
Notice
of Meetings and Hearings. Notice of all meetings and hearings
shall meet the requirements of law.
Place
of Meeting and Hearings. Every hearing and meeting of the Board
shall take place within the City and State of New York.
Quorum
Requirements. At all meetings of the Board, the Attendance
of five members thereof shall constitute a quorum for the transaction
of business. Once a quorum is attained the meeting may continue
thereafter, even though a member (or members) whose presence
was necessary to constitute the quorum leaves the meeting prior
to its adjournment, but no purported action of the Board shall
be valid unless the vote thereon is in accord with the voting
requirements as specified herein below. Article Seven (continued)
Order
of Business. The order of business a~ all meetings shall be
determined by the Chairman, but such order may be changed by
a majority of those members present. If the Chairman is unavailable
to preside over a meeting, he or she shall appoint another
public Board member to preside over and to determine the order
of business for such meeting by orally notifying the Board's
staff of such appointment.
Rules
of Order. All meetings and hearings win be conducted in accordance
with Robert's Rules of Order unless such rules are in conflict
with anything stated herein, in which case these Bylaws shall
control.
Voting.
Each Board member, including the Chairman, shall be entitled
to vote when he or she is present at a meeting. A member will
not be entitled to vote by proxy.
The vote of
at least five members of the board shall constitute an act of the Board,
except as otherwise required by law or by these Bylaws.
The amendment
of repeal of these Bylaws shall require the vote of at least six Board
members.
Article
Eight
Promulgation
of Guideline Orders
Not later
than July first of each year, the Board shall file with the City Clerk
its findings for the preceding year, and shall accompany such findings
with a statement of the maximum rate or rates of rent adjustment, if
any, for one or more classes of accommodations subject to the RSL for
leases or other rental agreements commencing during the twelve month
period beginning October first of that year.
On or about
May first of each year, but not later than July first of that year, the
Board shall issue its guidelines, as described in the above paragraph,
for hotel dwelling units subject to the RSL.
Article
Nine
Bylaws
The decision
of the Board shall be conclusive on all questions of construction of
these Bylaws.
