S T A T E   O F   N E W   Y O R K
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                                   738

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. KELLNER, GOTTFRIED, MILLMAN, GLICK, ROSENTHAL --
  Multi-Sponsored by -- M. of A. BING, BRENNAN, CLARK -- read  once  and
  referred to the Committee on Housing

AN  ACT  to amend the general business law, in relation to vacancies and
  illegal use and  occupancy  relating  to  cooperative  or  condominium
  conversion plans

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

  Section 1. Paragraph (e) of subdivision 2 of section 352-eeee  of  the
general  business  law,  as added by chapter 555 of the laws of 1982, is
amended to read as follows:
  (e) The attorney general finds that an excessive number  of  long-term
vacancies did not exist on the date that the offering statement or pros-
pectus  was  first  submitted  to  the  department of law OR AT ANY TIME
BETWEEN THAT DATE AND THE ISSUANCE  OF  THE  LETTER  FROM  THE  ATTORNEY
GENERAL  STATING  THAT  THE OFFERING STATEMENT OR PROSPECTUS REQUIRED IN
SUBDIVISION ONE OF SECTION THREE HUNDRED FIFTY-TWO-E OF THIS ARTICLE HAS
BEEN FILED.  "Long-term vacancies" shall mean dwelling units not  leased
or  occupied by bona fide tenants for more than five months prior to the
date of such submission to the department of law OR PRIOR  TO  ANY  TIME
BETWEEN  THAT  DATE  AND THE ISSUANCE OF SUCH LETTER.  "Excessive" shall
mean a vacancy rate in excess of the greater of (i) ten percent and (ii)
a percentage that is double the normal  average  vacancy  rate  for  the
building or group of buildings or development for two years prior to the
January  preceding  the  date  the  offering statement or prospectus was
first submitted to the department of law.
  S 2. Subdivision 4 of section 352-eeee of the general business law, as
added by chapter 555 of the laws of 1982, is amended to read as follows:
  4. It shall be unlawful for any person to  engage  in  any  course  of
conduct,  including,  but not limited to, interruption or discontinuance

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

                                                           LBD00594-01-1

A. 738                              2

of essential services, which substantially interferes with  or  disturbs
the comfort, repose, peace or quiet of any tenant in his use or occupan-
cy of his dwelling unit or the facilities related thereto, OR PERMITTING
OR  MAINTAINING ANY ILLEGAL USE OR OCCUPANCY OF THE PREMISES. The attor-
ney general may apply to a court of competent jurisdiction for an  order
restraining  such  conduct  and,  if  he  deems it appropriate, an order
restraining the owner from selling the shares allocated to the  dwelling
unit  or  the  dwelling  unit itself or from proceeding with the plan of
conversion; provided that nothing contained herein shall  be  deemed  to
preclude the tenant from applying on his own behalf for similar relief.
  S  3. Severability.   If any provision of this act, or any application
of any provision of this act, is held to  be  invalid,  that  shall  not
affect the validity or effectiveness of any other provision of this act,
or of any other application of any provision of this act.
  S  4.  This  act  shall take effect immediately and shall apply to any
matter pending before the attorney general at or after the time this act
becomes a  law;  provided,  however,  that  the  amendments  to  section
352-eeee  of  the  general  business law made by sections one and two of
this act shall not affect the  expiration  of  such  section  and  shall
expire therewith.