S T A T E O F N E W Y O R K
________________________________________________________________________
1713
2015-2016 Regular Sessions
I N A S S E M B L Y
January 12, 2015
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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.