9 NYCRR 2500.14

has declared the existence of an emergency pursuant to the ETPA prior to June 14, 2019, there shall

exist a rent guidelines board to consist of members appointed by the Commissioner of DHCR upon

the recommendations of the local county legislature. Such board shall serve as the rent guidelines

board for any city having a population of less than one million or any town or village within such

county which has declared the existence of an emergency pursuant to the ETPA.

existence of an emergency pursuant to the ETPA after June 14, 2019, and such city, town or village

is the first municipality in the county to declare such an emergency, the rent guidelines board shall

initially consist of members appointed by the Commissioner of DHCR upon the recommendations

of the local legislative body of the municipality declaring the emergency. Such recommendations

shall be made within thirty days of the declaration of emergency. Once constituted, such board shall

serve as the rent guidelines board for such city, town or village so long as such municipality remains

the only municipality within the county to have adopted the ETPA. Following any subsequent initial

local declaration of emergency by a municipality within such county, such board shall be

reconstituted to ensure representation of all municipalities within such county that have adopted

ETPA. Such board shall be reconstituted by the Commissioner of DHCR appointing all nine

members of the board upon the recommendations of the local county legislature. If such

recommendations are not made by the local county legislature within a reasonable time after the

second declaration of an emergency pursuant to the ETPA by a municipality within such county, the

Commissioner of DHCR may appoint the initial members of the reconstituted board upon the

recommendations of the local legislative bodies of the municipalities within the county that have

adopted ETPA. Thereafter, such board shall serve as the rent guidelines board for any city having a

population of less than one million and any town or village within such county which has declared

the existence of an emergency pursuant to the ETPA.

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 of experience in either finance, economics or housing. One

public member shall be designated by the commissioner to serve as chairman and shall hold no other

public office. No member, officer or employee of any municipal rent regulation agency or the state

division of housing and community renewal and no person who owns or manages real estate covered

by the ETPA or who is an officer of any owner or tenant organization shall serve on a rent guidelines

board.

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 three public members shall serve for terms ending four

years from January first next succeeding the dates of their appointment. Thereafter, all members

shall serve for terms of four years each.

member may be removed by the commissioner of DHCR for cause, but not without an opportunity

to be heard in person or by counsel, in his defense, upon not less than ten days’ notice. The

Commissioner of DHCR shall fill any vacancy which may occur by reason of death, resignation,

removal or otherwise upon recommendation by the appropriate legislative body.

forth in the ETPA.

Rent guidelines boards shall have the powers and obligations detailed in the ETPA.