NY State Assembly Bill 2009-A473

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

download bill text pdf

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	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

Bill Amendments

Original

B (Active)

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.

                                                           LBD01004-01-9

A. 473                              2

SUBDIVISION  A OF SECTION 26-504 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 3. This act shall take effect immediately and  shall  apply  to  all
actions or proceedings pending on or commenced after such date, provided
that  the  amendments  to  section 26-413 of the city rent and rehabili-
tation law made by section one of this act shall remain  in  full  force
and effect only so long as the public emergency requiring the regulation
and control of residential rents and evictions continues, as provided in
subdivision  3  of section 1 of the local emergency housing rent control
act and provided further that the amendments to section  26-515  of  the
rent  stabilization  law  of nineteen hundred sixty-nine made by section
two of this act shall expire on the same date as such  law  expires  and
shall  not  affect  the expiration of such law as provided under section
26-520 of such law.

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

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

A. 473--A                           2

  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
SUBDIVISION  A OF SECTION 26-504 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 3. Section 26-520 of the administrative code  of  the  city  of  New
York,  as  amended by local law number 3 of the city of New York for the
year 2006, is amended to read as follows:
  S 26-520 Expiration date. This chapter shall expire  on  April  first,
two thousand [nine] TWELVE unless rent control shall sooner terminate as
provided  in  subdivision  three  of  section one of the local emergency
housing rent control law.
  S 4. This act shall take effect immediately and  shall  apply  to  all
actions or proceedings pending on or commenced after such date, provided
that  the  amendments  to  section 26-413 of the city rent and rehabili-
tation law made by section one of this act shall remain  in  full  force
and effect only so long as the public emergency requiring the regulation
and control of residential rents and evictions continues, as provided in
subdivision  3  of section 1 of the local emergency housing rent control
act and provided further that the  amendments  to  sections  26-515  and
26-520 of the rent stabilization law of nineteen hundred sixty-nine made
by  sections  two and three of this act shall expire on the same date as
such law expires and shall not affect the  expiration  of  such  law  as
provided under such section 26-520 of such law.

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

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.

                                                           LBD01004-05-0

A. 473--B                           2

  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
SUBDIVISION A OF SECTION 26-504 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 3. This act shall take effect immediately and  shall  apply  to  all
actions or proceedings pending on or commenced after such date, provided
that  the  amendments  to  section 26-413 of the city rent and rehabili-
tation law made by section one of this act shall remain  in  full  force
and effect only so long as the public emergency requiring the regulation
and control of residential rents and evictions continues, as provided in
subdivision  3  of section 1 of the local emergency housing rent control
act and provided further that the amendment to  section  26-515  of  the
rent  stabilization  law  of nineteen hundred sixty-nine made by section
two of this act shall expire on the same date as such  law  expires  and
shall  not  affect  the expiration of such law as provided under section
26-520 of such law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.