senate Bill S3158A

2013-2014 Legislative Session

Revises proceedings to recover possession to prevent avoidable eviction and resulting homelessness; requires improved notice to the respondent

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 24, 2014 print number 3158a
amend and recommit to housing, construction and community development
Jan 08, 2014 referred to housing, construction and community development
Jan 31, 2013 referred to housing, construction and community development

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3158 - Details

See Assembly Version of this Bill:
A3867
Current Committee:
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§711, 721, 731, 741, 743, 745, 749 & 751, RPAP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S451, A1729
2009-2010: S3849, A5676

S3158 - Summary

Revises proceedings to recover possession of premises located in a multiple dwelling; requires premises to be registered with the local agency responsible for code enforcement; petition shall be stated in plain language and include notice of the rights of the respondent and a statement of any outstanding code violations on the premises and whether rent payments from a public assistance office is being withheld therefor; provides civil penalties for willful misstatements on such petition.

S3158 - Sponsor Memo

S3158 - Bill Text download pdf

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

                                  3158

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced by Sens. KRUEGER, 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  real  property  actions and proceedings law, in
  relation to proceedings to recover possession

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

  Section  1.  The opening paragraph of section 711 of the real property
actions and proceedings law, as amended by chapter 739 of  the  laws  of
1982, is amended to read as follows:
  [A]  NO  TENANT  IN  A  RESIDENTIAL  DWELLING  SHALL  BE  REMOVED FROM
POSSESSION EXCEPT IN A SPECIAL  PROCEEDING  OR  THROUGH  OTHER  JUDICIAL
PROCESS.  FOR  THE  PURPOSES  OF THIS ARTICLE, A tenant shall include an
occupant of one or more rooms in a rooming  house  or  a  resident,  not
including  a transient occupant, of one or more rooms in a hotel who has
been in possession for thirty consecutive days or longer[; he shall  not
be  removed  from possession except in a special proceeding].  A special
proceeding may be maintained  under  this  article  upon  the  following
grounds:
  S  2.  Subdivision  1  of section 721 of the real property actions and
proceedings law, as added by chapter 312 of the laws of 1962, is amended
to read as follows:
  1. The landlord or lessor,  PROVIDED,  HOWEVER,  THAT  NO  PERSON  MAY
INSTITUTE A PROCEEDING PURSUANT TO THIS ARTICLE WITH RESPECT TO PREMISES
LOCATED  IN  A  MULTIPLE  DWELLING  UNTIL  SUCH TIME AS THE OWNER OF THE
MULTIPLE DWELLING HAS REGISTERED PROPERLY WITH  THE  AGENCY  RESPONSIBLE
FOR CODE ENFORCEMENT, IN ACCORDANCE WITH THE PROVISIONS OF SECTION THREE
HUNDRED  OF  THE  MULTIPLE RESIDENCE LAW OR SECTION THREE HUNDRED OF THE
MULTIPLE DWELLING LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01794-01-3

S. 3158                             2

Co-Sponsors

S3158A (ACTIVE) - Details

See Assembly Version of this Bill:
A3867
Current Committee:
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§711, 721, 731, 741, 743, 745, 749 & 751, RPAP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S451, A1729
2009-2010: S3849, A5676

S3158A (ACTIVE) - Summary

Revises proceedings to recover possession of premises located in a multiple dwelling; requires premises to be registered with the local agency responsible for code enforcement; petition shall be stated in plain language and include notice of the rights of the respondent and a statement of any outstanding code violations on the premises and whether rent payments from a public assistance office is being withheld therefor; provides civil penalties for willful misstatements on such petition.

S3158A (ACTIVE) - Sponsor Memo

S3158A (ACTIVE) - Bill Text download pdf

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

                                 3158--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by Sens. KRUEGER, HASSELL-THOMPSON, HOYLMAN, SERRANO, STAVI-
  SKY -- read twice and ordered printed, and when printed to be  commit-
  ted  to  the Committee on Housing, Construction and Community Develop-
  ment -- 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  real  property  actions and proceedings law, in
  relation to proceedings to recover possession

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

  Section  1.  The opening paragraph of section 711 of the real property
actions and proceedings law, as amended by chapter 739 of  the  laws  of
1982, is amended to read as follows:
  [A]  NO  TENANT  IN  A  RESIDENTIAL  DWELLING  SHALL  BE  REMOVED FROM
POSSESSION EXCEPT IN A SPECIAL  PROCEEDING  OR  THROUGH  OTHER  JUDICIAL
PROCESS.  FOR  THE  PURPOSES  OF THIS ARTICLE, A tenant shall include an
occupant of one or more rooms in a rooming  house  or  a  resident,  not
including  a transient occupant, of one or more rooms in a hotel who has
been in possession for thirty consecutive days or longer[; he shall  not
be  removed  from possession except in a special proceeding].  A special
proceeding may be maintained  under  this  article  upon  the  following
grounds:
  S  2.  Subdivision  1  of section 721 of the real property actions and
proceedings law, as added by chapter 312 of the laws of 1962, is amended
to read as follows:
  1. The landlord or lessor,  PROVIDED,  HOWEVER,  THAT  NO  PERSON  MAY
INSTITUTE A PROCEEDING PURSUANT TO THIS ARTICLE WITH RESPECT TO PREMISES
LOCATED  IN  A  MULTIPLE  DWELLING  UNTIL  SUCH TIME AS THE OWNER OF THE
MULTIPLE DWELLING HAS REGISTERED PROPERLY WITH  THE  AGENCY  RESPONSIBLE
FOR CODE ENFORCEMENT, IN ACCORDANCE WITH THE PROVISIONS OF SECTION THREE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01794-03-4

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.