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Assembly Bill A473

2009-2010 Legislative Session

Requires landlord to pay penalties if he fails in action to evict tenant on grounds of primary residency

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Archive: Last Bill Status - In Senate Committee Rules Committee

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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

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

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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