NY State Senate Bill 2017-S8708A

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 12, 2018	print number 8708a
Jun 12, 2018	amend and recommit to housing, construction and community development
May 10, 2018	referred to housing, construction and community development

Bill Amendments

Original

A (Active)

2017-S8708 - Details

See Assembly Version of this Bill:: A10193
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Multiple Residence Law
Laws Affected:: Add §302-a, Mult Res L
Versions Introduced in 2019-2020 Legislative Session:: S2576, A1646

2017-S8708 - Summary

Relates to unlawful occupation; provides that if any dwelling or structure be occupied in violation of section three hundred two of the multiple residence law, no rent shall be recovered by the owner of such premises for said period, and no action for possession of said premises for nonpayment of such rent shall be maintained therefor.

2017-S8708 - Sponsor Memo

                                
 
BILL NUMBER: S8708

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the multiple residence law, in relation to unlawful
occupation

 
PURPOSE OF THE BILL:

This bill is intended to ensure dwellings are safe and habitable and
designed to enforce critical life, health and safety standards.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill creates an action against an owner of a building or landlord
if the building does not have a valid certificate of occupancy.

Section 1 prohibits the owner or landlord from collecting rent during
the period of time in which there was no valid certificate of occupancy.

Section 2 allows the department to require persons to vacate any dwell-
ing deemed a nuisance as defined in multiple residence law section 305.

 
JUSTIFICATION:

This bill would provide a more consistent statewide approach and estab-
lish an effective mechanism that bars law-breaking landlords from
collecting any rent during the period of time there is no certificate of
occupancy.

Certificate of occupancy is required before a building owner allows a
tenant to move into a dwelling, subject to exceptions identified in
Multiple Residence Law § 302(1). This requirement is codified by nearly
identical language in Multiple Dwelling Law (applicable to cities having
a population more than 350,000) and Multiple Residence Law (applicable
to cities having a population of less than 350,000).  Multiple Dwelling
Law prohibits an owner from recovering rent for any period of time a
dwelling is occupied in violation of § 301, however Multiple Residence
Law does not have a similar provision.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
Immediate.

2017-S8708 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8708
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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  multiple residence law, in relation to unlawful
   occupation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  multiple  residence  law  is amended by adding a new
 section 302-a to read as follows:
   § 302-A. UNLAWFUL OCCUPATION. 1. IF ANY DWELLING OR STRUCTURE BE OCCU-
 PIED IN WHOLE OR IN PART FOR HUMAN HABITATION IN  VIOLATION  OF  SECTION
 THREE  HUNDRED  TWO  OF  THIS ARTICLE, NO RENT SHALL BE RECOVERED BY THE
 OWNER OF SUCH PREMISES  FOR  SAID  PERIOD,  AND  NO  ACTION  OR  SPECIAL
 PROCEEDING SHALL BE MAINTAINED THEREFOR, OR FOR POSSESSION OF SAID PREM-
 ISES FOR NONPAYMENT OF SUCH RENT.
   2.  THE  DEPARTMENT  CHARGED  WITH THE ENFORCEMENT OF THIS CHAPTER MAY
 CAUSE TO BE VACATED ANY DWELLING OR ANY PART THEREOF  WHICH  CONTAINS  A
 NUISANCE AS DEFINED IN SECTION THREE HUNDRED FIVE OF THIS ARTICLE, OR IS
 OCCUPIED  BY MORE FAMILIES OR PERSONS THAN PERMITTED IN THIS CHAPTER, OR
 IS ERECTED, ALTERED OR OCCUPIED CONTRARY TO LAW. ANY SUCH DWELLING SHALL
 NOT AGAIN BE OCCUPIED UNTIL IT OR ITS OCCUPANCY, AS THE CASE MAY BE, HAS
 BEEN MADE TO CONFORM TO LAW.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14706-03-8

2017-S8708A (ACTIVE) - Details

See Assembly Version of this Bill:: A10193
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Multiple Residence Law
Laws Affected:: Add §302-a, Mult Res L
Versions Introduced in 2019-2020 Legislative Session:: S2576, A1646

2017-S8708A (ACTIVE) - Summary

2017-S8708A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8708A

SPONSOR: BAILEY
 
TITLE OF BILL:  An act to amend the multiple residence law, in
relation to unlawful occupation

 
PURPOSE OF THE BILL:

This bill is intended to ensure dwellings are safe and habitable and
designed to enforce critical life, health and safety standards.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill creates an action against an owner of a building or landlord
if the building does not have a valid certificate of occupancy.

Section 1 prohibits the owner or landlord from collecting rent during
the period of time in which there was no valid certificate of occupancy.

Section 2 allows the department to require persons to vacate any dwell-
ing deemed a nuisance as defined in multiple residence law section 305.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Amended. language ensures that no one can stay on the premises indefi-
nitely.

 
JUSTIFICATION:

This bill would provide a more consistent statewide approach and estab-
lish an effective mechanism that bars law-breaking landlords from
collecting any rent during the period of time there is no certificate of
occupancy.

Certificate of occupancy is required before a building owner allows a
tenant to move into a dwelling, subject to exceptions identified in
Multiple Residence Law § 302(1). This requirement is codified by nearly
identical language in Multiple Dwelling Law (applicable to cities having
a population more than 350,000) and Multiple Residence Law (applicable
to cities having a population of less than 350,000).  Multiple Dwelling
Law prohibits an owner from recovering rent for any period of time a
dwelling is occupied in violation of § 301, however Multiple Residence
Law does not have a similar provision.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2017-S8708A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8708--A
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community  Development  -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the multiple residence  law,  in  relation  to  unlawful
   occupation

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The multiple residence law  is  amended  by  adding  a  new
 section 302-a to read as follows:
   § 302-A. UNLAWFUL OCCUPATION. 1. IF ANY DWELLING OR STRUCTURE BE OCCU-
 PIED  IN  WHOLE  OR IN PART FOR HUMAN HABITATION IN VIOLATION OF SECTION
 THREE HUNDRED TWO OF THIS ARTICLE, NO RENT SHALL  BE  RECOVERED  BY  THE
 OWNER  OF SUCH PREMISES FOR SAID PERIOD, AND NO ACTION FOR POSSESSION OF
 SAID PREMISES FOR NONPAYMENT OF SUCH RENT SHALL BE MAINTAINED THEREFOR.
   2. THE DEPARTMENT CHARGED WITH THE ENFORCEMENT  OF  THIS  CHAPTER  MAY
 CAUSE  TO  BE  VACATED ANY DWELLING OR ANY PART THEREOF WHICH CONTAINS A
 NUISANCE AS DEFINED IN SECTION THREE HUNDRED FIVE OF THIS ARTICLE, OR IS
 OCCUPIED BY MORE FAMILIES OR PERSONS THAN PERMITTED IN THIS CHAPTER,  OR
 IS ERECTED, ALTERED OR OCCUPIED CONTRARY TO LAW. ANY SUCH DWELLING SHALL
 NOT AGAIN BE OCCUPIED UNTIL IT OR ITS OCCUPANCY, AS THE CASE MAY BE, HAS
 BEEN MADE TO CONFORM TO LAW.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14706-05-8

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Senate Bill S8708A

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Actions

Bill Amendments

2017-S8708 - Details

2017-S8708 - Summary

2017-S8708 - Sponsor Memo

2017-S8708 - Bill Text download pdf

2017-S8708A (ACTIVE) - Details

2017-S8708A (ACTIVE) - Summary

2017-S8708A (ACTIVE) - Sponsor Memo

2017-S8708A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Jamaal T. Bailey

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Actions

Bill Amendments

2017-S8708 - Details

2017-S8708 - Summary

2017-S8708 - Sponsor Memo

2017-S8708 - Bill Text download pdf

2017-S8708A (ACTIVE) - Details

2017-S8708A (ACTIVE) - Summary

2017-S8708A (ACTIVE) - Sponsor Memo

2017-S8708A (ACTIVE) - Bill Text download pdf

Comments