Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 28, 2010 |
print number 748a |
Jan 28, 2010 |
amend and recommit to housing, construction and community development |
Jan 06, 2010 |
referred to housing, construction and community development |
Jan 15, 2009 |
referred to housing, construction and community development |
Senate Bill S748
2009-2010 Legislative Session
Sponsored By
(D, WF) 28th Senate District
Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development 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
co-Sponsors
(D, WF) Senate District
(D, WF) Senate District
(D, WF) 21st Senate District
(D, WF) Senate District
2009-S748 - Details
- See Assembly Version of this Bill:
- A473
- Current Committee:
- Senate Housing, Construction And Community Development
- Law Section:
- New York City Administrative Code
- Laws Affected:
- Amd §§26-413 & 26-515, NYC Ad Cd
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S434, A5986
2013-2014: S3164, A2060
2015-2016: S2803, A5740
2017-2018: S3187, A8564
2009-S748 - Summary
Provides that where the owner or lessor of a rent controlled or rent stabilized unit 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-S748 - Sponsor Memo
BILL NUMBER: S748 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-residence 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
2009-S748 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 748 2009-2010 Regular Sessions I N S E N A T E January 15, 2009 ___________ Introduced by Sens. KRUEGER, DUANE, MONSERRATE, PARKER, PERKINS, SAVINO, SCHNEIDERMAN, SERRANO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development 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 SUBDIVISION A OF SECTION 26-504 OF THIS CHAPTER, ON THE GROUND THAT THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01004-03-9
co-Sponsors
(D, WF) Senate District
(D, WF) 21st Senate District
(D, WF) Senate District
(D, IP) Senate District
2009-S748A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A473
- Current Committee:
- Senate Housing, Construction And Community Development
- Law Section:
- New York City Administrative Code
- Laws Affected:
- Amd §§26-413 & 26-515, NYC Ad Cd
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S434, A5986
2013-2014: S3164, A2060
2015-2016: S2803, A5740
2017-2018: S3187, A8564
2009-S748A (ACTIVE) - Summary
Provides that where the owner or lessor of a rent controlled or rent stabilized unit 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-S748A (ACTIVE) - Sponsor Memo
BILL NUMBER: S748A 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-residence 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
2009-S748A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 748--A 2009-2010 Regular Sessions I N S E N A T E January 15, 2009 ___________ Introduced by Sens. KRUEGER, DUANE, MONSERRATE, PARKER, PERKINS, SAVINO, SCHNEIDERMAN, SERRANO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- recommitted to the Committee on Housing, Construction and Community Development in accordance with Senate Rule 6, sec. 8 -- 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. LBD01004-06-0
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.