Amendment ID: H4546-7

Amendment 7

Tenants' Rights

Mr. Eldridge moves to amend the bill by striking out lines 26 to 33 in their entirety, and inserting in place thereof the following:-

“Formation threshold”, the requirement that a new community benefit district may be established, a community benefit district may be renewed, or a community benefit district may have a change of boundaries, only if the petition signers represent more than 50 per cent of the tenants and property owners in the proposed community benefit district.;

by striking out lines 40 to 46 in their entirety, and inserting in place thereof the following:-

“Participating tenant or property owner”, a property owner who is required to pay the community benefit district fee, a tenant that pays, in whole or in part, a community benefit district fee to a property owner and any exempt tenant or property owner who voluntarily enters into a binding written agreement to support the district activities by making a cash payment or providing in-kind services; provided that no tenant or property owners shall be deemed to be a participating tenant or property owner during the period said tenant or property owner has not timely paid such fee or made such voluntary contribution, or while such property owner has the benefit of a hardship waiver as contemplated in subsection (b) of section 6.;

by inserting, in line 62, after the word “district.”, the following definition:-

''Tenant'', a person residing in the community benefit district who (i) has entered into an oral or written lease or rental agreement with the owner or (ii) remains on the premises after such person's tenancy has terminated or after the expiration of such person's lease.

by inserting, in lines 19, 47, 208, 218, 234, and 274,  after the word “participating”, the following words:- tenant or;

by inserting, in line 83, after the word "of", the following words:- tenants and;

by striking out, in line 86, the word "property owner", and inserting in place thereof the following words:- tenants and property owners;

by inserting, in lines 92 and 183 after the word "participating", the following words:- tenants or

by inserting, in lines 188, 274, and 277, after the word “each”, the following words:- tenant and;

by inserting after the word “each”, in line 118, the following words:- tenant or;

by inserting after the word "circumstances.", in line 220, the following:- If the corporation grants a financial hardship waiver to a participating tenant, the owner of the property where the tenant resides shall not charge the tenant any part of the property owner's community benefit district fee while the waiver is in effect.;

by inserting after the word “assessment.” in line 229, the following words:-

The management plan shall prohibit participating property owners from passing more than 50 per cent of their community benefit district fee on to participating tenants.;

by striking out, in lines 286 and 287, the words “owners of property within the existing district and any property owners”, and inserting in place thereof the following:-

tenants and owners of property within the existing district and any tenants or property owners”

by striking out lines 289 to 302 in their entirety and inserting in place thereof the following:-

Section 10. (a) A community benefit district may be dissolved by a majority vote by the corporation’s board of directors, ratified by 2/3 of the participating tenants and property owners; provided further, that the community benefit district shall not be dissolved until the corporation has satisfied or paid in full its outstanding indebtedness, obligations and liabilities, until funds are on deposit and available therefore, or until a repayment schedule has been formulated and approved by the municipal governing body. Upon a vote for dissolution, the community benefit district corporation shall not incur any new or increased financial obligations. Any liabilities, either current or future, incurred as a result of action to accomplish the purposes of the management plan shall not be an obligation of the municipality. Liabilities shall be paid for entirely from revenue gained from the project or facilities authorized or from the fees on the properties in the community benefit district.; and

by inserting, in line 307, after the word “dissolved.”, the following words:-

A participating property owner that has received community benefit district fees from tenants and receives revenues pursuant to this section shall reimburse each tenant with revenues proportionate to the fee amount paid to the owner by the tenant.