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Senate Bill S1540

2009-2010 Legislative Session

Limits evictions in summary proceedings in certain cases where a complaint is registered with a local rent office

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Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

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2009-S1540 (ACTIVE) - Details

See Assembly Version of this Bill:
A191
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add ยง770-a, RPAP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1220, A1971
2013-2014: S477

2009-S1540 (ACTIVE) - Summary

Prohibits evictions for non-payment of rent in summary proceedings where a tenant of a multiple dwelling with 6 or more units has registered a complaint with a local rent office unless the court or local rent office has found that such complaint was without merit or the grounds for the complaint no longer exist or the court finds that rent should have been paid notwithstanding such complaint; provides that court may order eviction if it finds the complaint was made frivolously or with intent to defraud.

2009-S1540 (ACTIVE) - Sponsor Memo

2009-S1540 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1540

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced by Sens. STAVISKY, ADAMS, DIAZ, DUANE, KRUEGER, PARKER, SAMP-
  SON, SERRANO -- read twice and ordered printed, and when printed to be
  committed to the Committee on Judiciary

AN  ACT  to  amend  the  real  property  actions and proceedings law, in
  relation to evictions from multiple dwellings

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.   The real property actions and proceedings law is amended
by adding a new section 770-a to read as follows:
  S 770-A.  EVICTIONS.  NOTWITHSTANDING THE PROVISIONS OF  ANY  GENERAL,
SPECIAL  OR  LOCAL  LAW,  RULE,  REGULATION  OR CODE TO THE CONTRARY, NO
TENANT OF A MULTIPLE DWELLING, COMPRISING SIX  OR  MORE  UNITS,  MAY  BE
EVICTED  FOR  THE  NON-PAYMENT OF RENT FROM SUCH MULTIPLE DWELLING AFTER
HAVING REGISTERED A COMPLAINT WITH A LOCAL RENT OFFICE UNTIL SUCH  LOCAL
RENT  OFFICE  OR  COURT  HAS  DETERMINED  THAT SUCH COMPLAINT IS WITHOUT
MERIT, THE GROUNDS FOR SUCH COMPLAINT NO LONGER EXIST,  OR  A  COURT  OF
COMPETENT  JURISDICTION  HAS SPECIFICALLY DETERMINED THAT RENT SHOULD BE
PAID NOTWITHSTANDING SUCH COMPLAINT, PROVIDED, HOWEVER,  THE  COURT  HAS
THE  RIGHT  TO  ORDER  THE EVICTION OF SUCH TENANT, NOTWITHSTANDING THIS
SECTION, IF THE COURT FINDS THE COMPLAINT WAS MADE FRIVOLOUSLY  OR  WITH
THE INTENT TO DEFRAUD BY SUCH TENANT.
  S 2.  This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00319-01-9

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