S T A T E   O F   N E W   Y O R K
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                                  1713

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Judiciary

AN ACT to amend the real property actions and proceedings  law  and  the
  real  property  law,  in  relation to allowing a board of directors or
  board of managers to take appropriate action against an  objectionable
  tenant  who  fails to comply with the by-laws or rules and regulations
  of the condominium or homeowners association

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

  Section  1.  Section  721 of the real property actions and proceedings
law is amended by adding a new subdivision 12 to read as follows:
  12. THE BOARD OF MANAGERS OR BOARD OF DIRECTORS OF  A  CONDOMINIUM  OR
HOMEOWNERS  ASSOCIATION  IF  IT  DEEMS  A TENANT OF A NON-OCCUPYING UNIT
OWNER OR MEMBER OBJECTIONABLE.
  S 2. Section 339-j of the real property law, as amended by chapter 437
of the laws of 1999, is amended to read as follows:
  S 339-j. Compliance with by-laws and rules and regulations. Each  unit
owner  shall  comply  strictly  with  the  by-laws and with rules, regu-
lations, resolutions and decisions adopted pursuant thereto.  Failure to
comply with any of the same shall be ground for  an  action  to  recover
sums  due,  for damages or injunctive relief or both maintainable by the
board of managers on behalf of the unit owners or, in a proper case,  by
an  aggrieved  unit  owner  OR  TO BRING A SUMMARY DISPOSSESS PROCEEDING
AGAINST THE TENANT OF  A  NON-OCCUPYING  UNIT  OWNER.  In  any  case  of
flagrant  or  repeated  violation by a unit owner, he may be required by
the board of managers to give sufficient  surety  or  sureties  for  his
future  compliance with the by-laws, rules, regulations, resolutions and
decisions.  Notwithstanding the foregoing provisions of this section, no
action or proceeding for any relief may be maintained due to the display
of a flag of the United States measuring not more than four feet by  six
feet.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02945-01-5
              

A. 1713                             2

  S  3.  Section 339-dd of the real property law, as added by chapter 82
of the laws of 1964, is amended to read as follows:
  S 339-dd. Actions. 1. Actions may be brought or proceedings instituted
by  the board of managers in its discretion, on behalf of two or more of
the unit owners, as their respective interests may appear, with  respect
to  any cause of action relating to the common elements or more than one
unit. Service of process on the unit owners in any  action  relating  to
the  common  elements  or  more  than one unit may be made on the person
designated in the declaration to receive service of process.
  2. A SUMMARY DISPOSSESS PROCEEDING MAY BE BROUGHT OR INSTITUTED BY THE
BOARD OF MANAGERS IN ITS DISCRETION WITH RESPECT TO ANY CAUSE OF  ACTION
AGAINST A TENANT OF A NON-OCCUPYING UNIT OWNER.
  S 4. This act shall take effect immediately.