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Senate Bill S7176

2009-2010 Legislative Session

Prohibits interruption of services in "would-be" interim multiple dwellings

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

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2009-S7176 (ACTIVE) - Details

See Assembly Version of this Bill:
A6940
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Housing

2009-S7176 (ACTIVE) - Summary

Prohibits interruption of services in certain "would-be" interim multiple dwellings if such unit is used for residential purposes with the knowledge and consent of the owner; provides that any essential services which have customarily been provided to the spaces occupied for residential purposes shall not be interrupted or discontinued except for repairs which shall be performed in a reasonably expedient manner or in the case of an emergency or by order of a court or other governmental instrumentality; provides, if the services have been interrupted or discontinued, the owner must permit the restoration of such services for so long as residential occupancy continues.

2009-S7176 (ACTIVE) - Sponsor Memo

2009-S7176 (ACTIVE) - Bill Text download pdf 

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

                                  7176

                            I N  S E N A T E

                             March 18, 2010
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

AN ACT in relation to prohibiting interruption of services in "would-be"
  interim multiple dwellings

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

  Section 1. Prohibition of service interruption. 1. In the  case  of  a
unit  in  a building which would be covered by the provisions of article
7-C of the multiple dwelling law, as  the  provisions  of  such  article
existed  on  January 1, 2010, but for the limitations contained in para-
graph (iii) of subdivision 1, paragraph (i), (iii), or (iv) of  subdivi-
sion  2,  or  subdivision 3 or 4 of section 281 of such article, if such
unit is used for residential purposes with the knowledge and consent  of
the  owner,  any essential services which have customarily been provided
to the spaces occupied for residential purposes shall not be interrupted
or discontinued, except for  repairs  which  shall  be  performed  in  a
reasonably  expedient  manner or in the case of an emergency or by order
of a court or other governmental instrumentality. If the  services  have
been  interrupted or discontinued, the owner must permit the restoration
of such services for so long as residential occupancy continues.
  2. This act shall not in any way grant any rights of  continued  occu-
pancy  or  any  other  rights to such occupants or prevent an owner from
lawfully removing such occupants pursuant to court order.
  3. Any agreement that waives or limits the benefits of this act  shall
be deemed as void as against public policy.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10322-03-0

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