Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 16, 2010 |
referred to rules delivered to senate passed assembly |
Feb 01, 2010 |
amended on third reading 473b |
Jan 06, 2010 |
ordered to third reading cal.30 returned to assembly died in senate |
May 06, 2009 |
referred to housing, construction and community development delivered to senate passed assembly |
Apr 02, 2009 |
advanced to third reading cal.277 |
Mar 31, 2009 |
reported |
Mar 10, 2009 |
print number 473a |
Mar 10, 2009 |
amend (t) and recommit to codes |
Feb 24, 2009 |
reported referred to codes |
Jan 07, 2009 |
referred to cities |
Assembly Bill A473
2009-2010 Legislative Session
Sponsored By
KAVANAGH
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2009-A473 - Details
- Current Committee:
- Senate Rules
- Laws Affected:
- Amd §§26-413, 26-515 & 26-520, NYC Ad Cd
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A5986
2013-2014: A2060
2015-2016: A5740
2017-2018: A8564
2009-A473 - Summary
Provides that an owner or lessor of a rent controlled or rent stabilized unit who commences an action in bad faith to recover possession on the grounds that it is not occupied as the tenant's primary residence shall be liable for the tenant's court costs and attorney's fees in addition to an amount which is three times the monthly rent or actual damages.
2009-A473 - Sponsor Memo
BILL NUMBER:A473 TITLE OF BILL: An act to amend the administrative code of the city of New York, in relation to primary residence PURPOSE: To discourage frivolous, groundless, or bad faith primary-resi- dence eviction attempts. SUMMARY OF PROVISIONS: Would allow tenants to recover attorneys' fees and damages in cases where landlords act in bad faith to bring eviction proceedings against tenants on the basis of non-primary residence. JUSTIFICATION: Landlords have increasingly brought court actions against tenants in recent years to eliminate their rent-stabilization protections on the basis of non-primary residence. In many of these cases, however, landlords have little reason to believe a non-primary residence violation exists and have brought actions as a way of forcing tenants to vacate their apartments, sometimes even ignoring proof submitted by tenants establishing primary residence. This bill seeks to discourage this practice by awarding tenants attorneys' fees and damages in cases where they successfully defend primary residence actions that were brought in bad faith. LEGISLATIVE HISTORY: 2008: A10158 (Kavanagh) - Passed Assembly FISCAL IMPACT ON THE STATE: None.
2009-A473 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 473 2009-2010 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2009 ___________ Introduced by M. of A. KAVANAGH, GOTTFRIED, ORTIZ, SCARBOROUGH, WRIGHT, MILLMAN, GREENE, KELLNER, N. RIVERA, FARRELL -- Multi-Sponsored by -- M. of A. GLICK, SCHIMEL -- read once and referred to the Committee on Cities AN ACT to amend the administrative code of the city of New York, in relation to primary residence THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 26-413 of the administrative code of the city of New York is amended by adding a new subdivision f to read as follows: F. (1) IN ADDITION TO THE REQUIREMENTS OF ANY OTHER APPLICABLE PROVISION OF LAW, WHERE AN OWNER OR LESSOR SEEKS TO RECOVER POSSESSION OF A DWELLING UNIT PURSUANT TO ITEM TEN OF SUBPARAGRAPH (I) OF PARAGRAPH TWO OF SUBDIVISION E OF SECTION 26-403 OF THIS CHAPTER, ON THE GROUND THAT THE DWELLING UNIT IS NOT OCCUPIED BY THE TENANT AS SUCH TENANT'S PRIMARY RESIDENCE, SUCH OWNER OR LESSOR SHALL COMMENCE THE ACTION OR PROCEEDING IN A COURT OF COMPETENT JURISDICTION ONLY UPON A GOOD FAITH BELIEF THAT SUCH DWELLING UNIT IS NOT THE PRIMARY RESIDENCE OF SUCH TENANT. (2) IF ANY OWNER OR LESSOR COMMENCES AN ACTION OR PROCEEDING TO RECOVER POSSESSION OF A DWELLING UNIT IN VIOLATION OF PARAGRAPH ONE OF THIS SUBDIVISION, SUCH OWNER OR LESSOR SHALL BE LIABLE TO SUCH TENANT FOR THREE TIMES THE MONTHLY RENT CHARGED SUCH TENANT, OR THREE TIMES THE DAMAGES, IF ANY, SUSTAINED BY SUCH TENANT, WHICHEVER IS GREATER, PLUS REASONABLE ATTORNEY'S FEES AND COSTS AS DETERMINED BY SUCH COURT. S 2. Section 26-515 of the administrative code of the city of New York is amended by adding a new subdivision e to read as follows: E. (1) IN ADDITION TO THE REQUIREMENTS OF ANY OTHER APPLICABLE PROVISION OF LAW, WHERE AN OWNER OR LESSOR SEEKS TO RECOVER POSSESSION OF A DWELLING UNIT PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2009-A473A - Details
- Current Committee:
- Senate Rules
- Laws Affected:
- Amd §§26-413, 26-515 & 26-520, NYC Ad Cd
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A5986
2013-2014: A2060
2015-2016: A5740
2017-2018: A8564
2009-A473A - Summary
Provides that an owner or lessor of a rent controlled or rent stabilized unit who commences an action in bad faith to recover possession on the grounds that it is not occupied as the tenant's primary residence shall be liable for the tenant's court costs and attorney's fees in addition to an amount which is three times the monthly rent or actual damages.
2009-A473A - Sponsor Memo
BILL NUMBER:A473A TITLE OF BILL: An act to amend the administrative code of the city of New York, in relation to primary residence PURPOSE: To discourage frivolous, groundless, or bad faith primary-resi- dence eviction attempts. SUMMARY OF PROVISIONS: This bill would allow tenants to recover attor- neys' fees and damages in cases where landlords act in bad faith to bring eviction proceedings against tenants on the basis of non-primary residence. JUSTIFICATION: Landlords have increasingly brought court actions against tenants in recent years to eliminate their rent-stabilization protections on the basis of non-primary residence. In many of these cases, however, landlords have little reason to believe a non-primary residence violation exists and have brought actions as a way of forcing tenants to vacate their apartments, sometimes even ignoring proof submitted by tenants establishing primary residence. This bill seeks to discourage this practice by awarding tenants attorneys' fees and damages in cases where they successfully defend primary residence actions that were brought in bad faith. LEGISLATIVE HISTORY: 2009: A00473A (Kavanagh) - Passed Assembly 2008: A10158 (Kavanagh) - Passed Assembly
2009-A473A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 473--A 2009-2010 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2009 ___________ Introduced by M. of A. KAVANAGH, GOTTFRIED, ORTIZ, SCARBOROUGH, WRIGHT, MILLMAN, GREENE, KELLNER, N. RIVERA, FARRELL, ROSENTHAL -- Multi-Spon- sored by -- M. of A. GLICK, SCHIMEL -- read once and referred to the Committee on Cities -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the administrative code of the city of New York, in relation to primary residence THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 26-413 of the administrative code of the city of New York is amended by adding a new subdivision f to read as follows: F. (1) IN ADDITION TO THE REQUIREMENTS OF ANY OTHER APPLICABLE PROVISION OF LAW, WHERE AN OWNER OR LESSOR SEEKS TO RECOVER POSSESSION OF A DWELLING UNIT PURSUANT TO ITEM TEN OF SUBPARAGRAPH (I) OF PARAGRAPH TWO OF SUBDIVISION E OF SECTION 26-403 OF THIS CHAPTER, ON THE GROUND THAT THE DWELLING UNIT IS NOT OCCUPIED BY THE TENANT AS SUCH TENANT'S PRIMARY RESIDENCE, SUCH OWNER OR LESSOR SHALL COMMENCE THE ACTION OR PROCEEDING IN A COURT OF COMPETENT JURISDICTION ONLY UPON A GOOD FAITH BELIEF THAT SUCH DWELLING UNIT IS NOT THE PRIMARY RESIDENCE OF SUCH TENANT. (2) IF ANY OWNER OR LESSOR COMMENCES AN ACTION OR PROCEEDING TO RECOVER POSSESSION OF A DWELLING UNIT IN VIOLATION OF PARAGRAPH ONE OF THIS SUBDIVISION, SUCH OWNER OR LESSOR SHALL BE LIABLE TO SUCH TENANT FOR THREE TIMES THE MONTHLY RENT CHARGED SUCH TENANT, OR THREE TIMES THE DAMAGES, IF ANY, SUSTAINED BY SUCH TENANT, WHICHEVER IS GREATER, PLUS REASONABLE ATTORNEY'S FEES AND COSTS AS DETERMINED BY SUCH COURT. S 2. Section 26-515 of the administrative code of the city of New York is amended by adding a new subdivision e to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01004-04-9
2009-A473B (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Laws Affected:
- Amd §§26-413, 26-515 & 26-520, NYC Ad Cd
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A5986
2013-2014: A2060
2015-2016: A5740
2017-2018: A8564
2009-A473B (ACTIVE) - Summary
Provides that an owner or lessor of a rent controlled or rent stabilized unit who commences an action in bad faith to recover possession on the grounds that it is not occupied as the tenant's primary residence shall be liable for the tenant's court costs and attorney's fees in addition to an amount which is three times the monthly rent or actual damages.
2009-A473B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 473--B Cal. No. 30 2009-2010 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2009 ___________ Introduced by M. of A. KAVANAGH, GOTTFRIED, ORTIZ, SCARBOROUGH, WRIGHT, MILLMAN, KELLNER, N. RIVERA, FARRELL, ROSENTHAL, POWELL -- Multi-Spon- sored by -- M. of A. GLICK, SCHIMEL -- read once and referred to the Committee on Cities -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the administrative code of the city of New York, in relation to primary residence THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 26-413 of the administrative code of the city of New York is amended by adding a new subdivision f to read as follows: F. (1) IN ADDITION TO THE REQUIREMENTS OF ANY OTHER APPLICABLE PROVISION OF LAW, WHERE AN OWNER OR LESSOR SEEKS TO RECOVER POSSESSION OF A DWELLING UNIT PURSUANT TO ITEM TEN OF SUBPARAGRAPH (I) OF PARAGRAPH TWO OF SUBDIVISION E OF SECTION 26-403 OF THIS CHAPTER, ON THE GROUND THAT THE DWELLING UNIT IS NOT OCCUPIED BY THE TENANT AS SUCH TENANT'S PRIMARY RESIDENCE, SUCH OWNER OR LESSOR SHALL COMMENCE THE ACTION OR PROCEEDING IN A COURT OF COMPETENT JURISDICTION ONLY UPON A GOOD FAITH BELIEF THAT SUCH DWELLING UNIT IS NOT THE PRIMARY RESIDENCE OF SUCH TENANT. (2) IF ANY OWNER OR LESSOR COMMENCES AN ACTION OR PROCEEDING TO RECOVER POSSESSION OF A DWELLING UNIT IN VIOLATION OF PARAGRAPH ONE OF THIS SUBDIVISION, SUCH OWNER OR LESSOR SHALL BE LIABLE TO SUCH TENANT FOR THREE TIMES THE MONTHLY RENT CHARGED SUCH TENANT, OR THREE TIMES THE DAMAGES, IF ANY, SUSTAINED BY SUCH TENANT, WHICHEVER IS GREATER, PLUS REASONABLE ATTORNEY'S FEES AND COSTS AS DETERMINED BY SUCH COURT. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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