senate Bill S3164

2013-2014 Legislative Session

Requires landlord to pay penalties if he fails in action to evict tenant on grounds of primary residency

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to housing, construction and community development
Jan 31, 2013 referred to housing, construction and community development

Co-Sponsors

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S3164 - Bill Details

See Assembly Version of this Bill:
A2060
Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Amd §§26-413 & 26-515, NYC Ad Cd
Versions Introduced in Previous Legislative Sessions:
2011-2012: S434, A5986
2009-2010: S748A, A473B

S3164 - Bill Texts

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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.

view sponsor memo
BILL NUMBER:S3164

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-resi-
dence 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 brought in bad faith.

LEGISLATIVE HISTORY: 2009-2010: S.748-A/A.473-B 2011-2012: S.434/A.5986

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                  3164

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by Sens. KRUEGER, PARKER, PERKINS, 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
DWELLING  UNIT  IS  NOT  OCCUPIED BY THE TENANT AS SUCH TENANT'S PRIMARY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00874-01-3

S. 3164                             2

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  3.  This  act  shall take effect immediately and shall apply to all
actions or proceedings pending on or commenced after such date, provided
that the amendments to section 26-413 of the  city  rent  and  rehabili-
tation  law  made  by section one of this act shall remain in full force
and effect only so long as the public emergency requiring the regulation
and control of residential rents and evictions continues, as provided in
subdivision 3 of section 1 of the local emergency housing  rent  control
act  and  provided  further  that the amendment to section 26-515 of the
rent stabilization law of nineteen hundred sixty-nine  made  by  section
two  of  this  act shall expire on the same date as such law expires and
shall not affect the expiration of such law as  provided  under  section
26-520 of such law.

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