N.Y. Comp. Codes R. & Regs. tit. 9 § 5.53
WHEREAS, the State's rent control and stabilization laws, which protect more than two million New Yorkers, will expire on June 16, 1997 unless renewed by the State Legislature;
WHEREAS, there is concern that if the rent laws expire, unscrupulous landlords may attempt to unlawfully force tenants from their apartments or engage in illegal rent gouging;
WHEREAS, the right to live in peace in one's own home is fundamental to the American way of life, and no renters should suffer the indignity of being illegally forced from their homes;
WHEREAS, illegal acts by building owners that threaten the security of a person's home are reprehensible crimes and must be taken seriously by all public officials, particularly those charged with prosecuting the law; and
WHEREAS, unscrupulous owners who attempt to illegally force tenants from their homes or engage in unlawful rent gouging must be prosecuted to the fullest extent allowed by law;
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, and particularly by subdivision eight of section sixty three of the Executive Law, and in accordance with the statute and law in such case made and provided, find it to be in the public interest to require that the Attorney General inquire, in the circumstance and the manner hereafter provided, into matters concerning public peace, public safety and public justice with respect to criminal acts committed by building owners or their agents against tenants in New York State arising from a lapse of the State's rent control and stabilization laws.
I hereby appoint the Attorney General as Special Prosecutor to lead the investigatory and prosecutorial efforts pursuant to this Order. The Attorney General and such deputies and assistants as he deems necessary shall have the powers and duties specified in subdivision eight of section sixty three of the Executive Law for the purpose of this Order.
When making an inquiry pursuant to this Order, the Special Prosecutor shall investigate illegal conduct by building owners against tenants arising from a lapse of the State's rent control and stabilization laws, in cooperation with the district attorney of the county wherein the offense or portion thereof is alleged to have been committed. Upon a determination by the Special Prosecutor that there is probable cause to believe a building owner or his agent has engaged in such illegal conduct, the Special Prosecutor shall notify the Counsel to the Governor of the determination, the basis therefor, and the status of the criminal prosecution, if any, against the alleged wrongdoer.
The Special Prosecutor, his deputies and assistants, and any other personnel he deems necessary shall assist in the prosecution of such crimes upon the request of the district attorney. Where such assistance is provided, the district attorney shall retain exclusive authority to direct the prosecution of the case, unless otherwise provided by law.
Every department, division, board, bureau and agency of this State shall provide to the Special Prosecutor every assistance, facility and cooperation he deems proper or desirable for the accomplishment of the purposes of this Order.
The Mayors or other chief executive officers of all cities, towns and villages, the district attorneys of each of the counties in the State, the sheriffs of such counties, the commissioners of police or persons having comparable title or duties exercising supervision of police forces within the State are called upon to cooperate and make every reasonable facility and assistance to the Special Prosecutor in the performance of his duties pursuant to this Order.
The Special Prosecutor shall report weekly to the Counsel to the Governor regarding the implementation of this order, including information relating to ongoing investigations and criminal prosecutions and any recommendations for legislative changes necessary or desirable to effectuate the purposes of this Order.
I hereby direct the Division of Housing and Community Renewal (the Division) to establish a toll-free hotline by which tenant complaints of illegal conduct by building owners or their agents can be reported and transmitted forthwith to the Special Prosecutor. Such hotline shall be available 24 hours each day beginning on 12:01 a.m. on Monday, June 16, 1997. The Division is further directed to make trained personnel available to respond to tenant inquiries on such hotline.
The Chief Judge and Chief Administrative Judge of the New York State Unified Court System are hereby requested to temporarily assign such judges and justices of the Unified Court System and other personnel as they deem necessary to the Housing Part of the Civil Court of the City of New York and to other courts throughout the State, particularly in Westchester, Nassau, Rockland and Erie counties, to ensure that complaints by tenants against building owners arising from a lapse in the State's rent regulation laws are heard as expeditiously as possible.
The Division of Housing and Community Renewal is hereby further directed to continue processing administrative complaints by tenants against building owners notwithstanding the lapse of the rent regulation laws, with particular regard paid to complaints of tenant harassment and conditions affecting the health or safety of building residents.
All attorneys in good standing who are admitted to practice law in the State of New York, all of whom serve as officers of the Courts of this State, and their representative associations and societies, including but not limited to the New York State Bar Association and the Association of the Bar of the City of New York, are hereby encouraged to volunteer their services to provide pro bono assistance to tenants in need of legal services.
The Counsel to the Governor is hereby directed to prepare such legislation as he deems necessary or desirable to effectuate the purposes of this Order for introduction as a Governor's Program Bill.
Signed: George E. Pataki
Dated: June 14, 1997
Footnotes
* [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.] [Revoked by Executive Order No. 9 (David A. Paterson), infra.] [Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]
N.Y. Comp. Codes R. & Regs. Tit. 9 § 5.53