senate Bill S477

2013-2014 Legislative Session

Limits evictions in summary proceedings in certain cases where a complaint is registered with a local rent office

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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 09, 2013 referred to housing, construction and community development

S477 - Bill Details

Current Committee:
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add ยง770-a, RPAP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1220
2009-2010: S1540

S477 - Bill Texts

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Prohibits evictions for non-payment of rent in summary proceedings where a tenant of a multiple dwelling with 6 or more units has registered a complaint with a local rent office unless the court or local rent office has found that such complaint was without merit or the grounds for the complaint no longer exist or the court finds that rent should have been paid notwithstanding such complaint; provides that court may order eviction if it finds the complaint was made frivolously or with intent to defraud.

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BILL NUMBER:S477

TITLE OF BILL:
An act
to amend the real property actions and proceedings law, in relation
to evictions from multiple
dwellings

PURPOSE OR GENERAL IDEA:
Limits evictions in summary proceedings in certain cases where a
complaint is registered with a local rent office.

SUMMARY OF SPECIFIC PROVISIONS:
Adds a new section 770-a to the real property actions and proceedings
law.

JUSTIFICATION:
All too often, landlords seek to evict tenants that they consider
"troublemakers" simply because the tenant exercises his/her rights
under regulation laws. This legislation will protect these tenant
activists from such discrimination. Under this bill, if a complaint
is pending with a rent office, then the tenant cannot be evicted
without a full hearing in court or disposition of the complaint by
the rent office. If the court determines that the complaint was
frivolous, then the judge can waive the provisions of this section.

PRIOR LEGISLATIVE HISTORY:
This bill was previously introduced.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                   477

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. 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 evictions from multiple dwellings

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

  Section  1.   The real property actions and proceedings law is amended
by adding a new section 770-a to read as follows:
  S 770-A.  EVICTIONS.  NOTWITHSTANDING THE PROVISIONS OF  ANY  GENERAL,
SPECIAL  OR  LOCAL  LAW,  RULE,  REGULATION  OR CODE TO THE CONTRARY, NO
TENANT OF A MULTIPLE DWELLING, COMPRISING SIX  OR  MORE  UNITS,  MAY  BE
EVICTED  FOR  THE  NON-PAYMENT OF RENT FROM SUCH MULTIPLE DWELLING AFTER
HAVING REGISTERED A COMPLAINT WITH A LOCAL RENT OFFICE UNTIL SUCH  LOCAL
RENT  OFFICE  OR  COURT  HAS  DETERMINED  THAT SUCH COMPLAINT IS WITHOUT
MERIT, THE GROUNDS FOR SUCH COMPLAINT NO LONGER EXIST,  OR  A  COURT  OF
COMPETENT  JURISDICTION  HAS SPECIFICALLY DETERMINED THAT RENT SHOULD BE
PAID NOTWITHSTANDING SUCH COMPLAINT, PROVIDED, HOWEVER,  THE  COURT  HAS
THE  RIGHT  TO  ORDER  THE EVICTION OF SUCH TENANT, NOTWITHSTANDING THIS
SECTION, IF THE COURT FINDS THE COMPLAINT WAS MADE FRIVOLOUSLY  OR  WITH
THE INTENT TO DEFRAUD BY SUCH TENANT.
  S 2.  This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03180-01-3

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