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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Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (2)
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 - Details

See Assembly Version of this Bill:
A2060
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 - Summary

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.

S3164 - Sponsor Memo

S3164 - Bill Text download pdf

                    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

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