NY State Assembly Bill 2017-A3830A

Assembly Bill A3830A

2017-2018 Legislative Session

Requires the board of directors of residential cooperative corporations and not-for-profit corporations to provide tenants with changes to the by-laws in writing

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Archive: Last Bill Status - On Floor Calendar

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 13, 2018	ordered to third reading rules cal.152 rules report cal.152 reported
Jun 05, 2018	reported referred to rules
Jun 01, 2018	print number 3830a
Jun 01, 2018	amend (t) and recommit to housing
Jan 03, 2018	referred to housing
Jan 30, 2017	referred to housing

Bill Amendments

Original

A (Active)

2017-A3830 - Details

Law Section:: Cooperative Corporations Law
Laws Affected:: Amd §16, add §78, Coop Corps L; amd §602, add §624, N-PC L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A6870
2019-2020: A456

2017-A3830 - Summary

Requires the board of directors of residential cooperative corporations and not-for-profit corporations to provide tenants with changes to the by-laws in writing within ten days of adoption; requires notification to tenants of changes affecting occupancy or the rules of the building.

2017-A3830 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3830
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Housing
 
 AN ACT to amend the cooperative corporations law and the  not-for-profit
   corporation  law,  in  relation to requiring the board of directors of
   residential cooperative corporations and  not-for-profit  corporations
   to  provide  members,  stockholders, and delegates with changes to the
   by-laws in writing within ten days of adoption; in relation to notifi-
   cation to tenants of changes affecting occupancy or the rules  of  the
   building
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 16 of the cooperative corporations law  is  amended
 to read as follows:
   §  16.  By-laws. 1. The by-laws may provide for their amendment by the
 board of directors; but any amendment adopted  by  the  board  shall  be
 reported  to  the annual meeting of the corporation and, if not affirma-
 tively approved thereat, shall cease to be in  effect.  By-laws  may  be
 adopted,  repealed  or  amended on the affirmative vote of two-thirds of
 the members, stockholders or delegates voting thereon at a meeting  held
 after  due  written  notice  setting  forth  the proposed action and the
 purpose of the meeting.
   2. IN  THE  CASE  OF  RESIDENTIAL  COOPERATIVE  CORPORATIONS,  CHANGES
 INCLUDING  THE ADOPTION, AMENDMENT OR REPEAL OF THE BY-LAWS BY THE BOARD
 OF DIRECTORS SHALL BE PROVIDED TO THE MEMBERS, STOCKHOLDERS, AND  DELEG-
 ATES OF SUCH CORPORATION IN WRITING WITHIN TEN DAYS OF SUCH ADOPTION.
   §  2.    The  cooperative  corporations law is amended by adding a new
 section 78 to read as follows:
   § 78. NOTIFICATION TO TENANTS. MEMBERS, STOCKHOLDERS AND DELEGATES WHO
 POSSESS UNITS IN A  RESIDENTIAL  COOPERATIVE  CORPORATION  SHALL  NOTIFY
 TENANTS  WITHIN  TEN  DAYS  OF  RECEIPT OF NOTIFICATION OF THE ADOPTION,
 AMENDMENT OR REPEAL OF THE BY-LAWS BY THE BOARD OF DIRECTORS PURSUANT TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05261-01-7

 A. 3830                             2
 
 SUBDIVISION TWO OF SECTION SIXTEEN OF THIS CHAPTER,  WHERE  SUCH  CHANGE
 WOULD HAVE A DIRECT EFFECT ON THE TENANT'S OCCUPANCY OR THE RULES OF THE
 BUILDING.
   §  3.  Section 602 of the not-for-profit corporation law is amended by
 adding a new paragraph (g) to read as follows:
   (G) IN THE CASE OF RESIDENTIAL  NOT-FOR-PROFIT  CORPORATIONS,  CHANGES
 INCLUDING  THE ADOPTION, AMENDMENT OR REPEAL OF THE BY-LAWS BY THE BOARD
 OF DIRECTORS SHALL BE PROVIDED TO THE MEMBERS, STOCKHOLDERS, AND  DELEG-
 ATES OF SUCH CORPORATION IN WRITING WITHIN TEN DAYS OF SUCH ADOPTION.
   §  4.  The  not-for-profit  corporation law is amended by adding a new
 section 624 to read as follows:
   § 624. NOTIFICATION TO TENANTS. MEMBERS,  STOCKHOLDERS  AND  DELEGATES
 WHO  POSSESS  UNITS  IN  A  RESIDENTIAL NOT-FOR-PROFIT CORPORATION SHALL
 NOTIFY TENANTS WITHIN  TEN  DAYS  OF  RECEIPT  OF  NOTIFICATION  OF  THE
 ADOPTION,  AMENDMENT  OR REPEAL OF THE BY-LAWS BY THE BOARD OF DIRECTORS
 PURSUANT TO PARAGRAPH (G) OF SECTION SIX HUNDRED TWO  OF  THIS  ARTICLE,
 WHERE  SUCH  CHANGE WOULD HAVE A DIRECT EFFECT ON THE TENANT'S OCCUPANCY
 OR THE RULES OF THE BUILDING.
   § 5. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

2017-A3830A (ACTIVE) - Details

Law Section:: Cooperative Corporations Law
Laws Affected:: Amd §16, add §78, Coop Corps L; amd §602, add §624, N-PC L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A6870
2019-2020: A456

2017-A3830A (ACTIVE) - Summary

2017-A3830A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3830--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Housing -- recommitted to the  Committee  on  Housing  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT to amend the cooperative corporations law and the not-for-profit
   corporation law, in relation to requiring the board  of  directors  of
   residential  cooperative  corporations and not-for-profit corporations
   to provide tenants with changes to the by-laws in writing  within  ten
   days  of  adoption;  in relation to notification to tenants of changes
   affecting occupancy or the rules of the building
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 16 of the cooperative corporations law is amended
 to read as follows:
   § 16. By-laws. 1. The by-laws may provide for their amendment  by  the
 board  of  directors;  but  any  amendment adopted by the board shall be
 reported to the annual meeting of the corporation and, if  not  affirma-
 tively  approved  thereat,  shall  cease to be in effect. By-laws may be
 adopted, repealed or amended on the affirmative vote  of  two-thirds  of
 the  members, stockholders or delegates voting thereon at a meeting held
 after due written notice setting  forth  the  proposed  action  and  the
 purpose of the meeting.
   2.  IN  THE  CASE  OF  RESIDENTIAL  COOPERATIVE  CORPORATIONS, CHANGES
 INCLUDING THE ADOPTION, AMENDMENT OR REPEAL OF THE BY-LAWS BY THE  BOARD
 OF  DIRECTORS SHALL BE PROVIDED TO THE MEMBERS, STOCKHOLDERS, AND DELEG-
 ATES OF SUCH CORPORATION IN WRITING, BY PHYSICAL  OR  ELECTRONIC  MEANS,
 WITHIN TEN DAYS OF SUCH ADOPTION.
   §  2.    The  cooperative  corporations law is amended by adding a new
 section 78 to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05261-02-8

 A. 3830--A                          2
 
   § 78. NOTIFICATION TO  RESIDENTS.  UPON  THE  ADOPTION,  AMENDMENT  OR
 REPEAL  OF BY-LAWS BY THE BOARD OF DIRECTORS PURSUANT TO SUBDIVISION TWO
 OF SECTION SIXTEEN OF THIS CHAPTER,  WHERE  SUCH  CHANGE  WOULD  HAVE  A
 DIRECT  EFFECT ON THE RESIDENT'S OCCUPANCY OR THE RULES OF THE BUILDING,
 THE  BOARD  OF  DIRECTORS  SHALL  POST THE ADOPTED, AMENDED, OR REPEALED
 BY-LAWS CONSPICUOUSLY TO ENSURE TENANTS WILL BE AWARE OF SUCH ADOPTION.
   § 3. Section 602 of the not-for-profit corporation law is  amended  by
 adding a new paragraph (g) to read as follows:
   (G)  IN  THE  CASE OF RESIDENTIAL NOT-FOR-PROFIT CORPORATIONS, CHANGES
 INCLUDING THE ADOPTION, AMENDMENT OR REPEAL OF THE BY-LAWS BY THE  BOARD
 OF  DIRECTORS SHALL BE PROVIDED TO THE MEMBERS, STOCKHOLDERS, AND DELEG-
 ATES OF SUCH CORPORATION IN WRITING, BY PHYSICAL  OR  ELECTRONIC  MEANS,
 WITHIN TEN DAYS OF SUCH ADOPTION.
   §  4.  The  not-for-profit  corporation law is amended by adding a new
 section 624 to read as follows:
   § 624. NOTIFICATION TO TENANTS. UPON THE ADOPTION, AMENDMENT OR REPEAL
 OF THE BY-LAWS BY THE BOARD OF DIRECTORS PURSUANT TO  PARAGRAPH  (G)  OF
 SECTION  602  (BY-LAWS), WHERE SUCH CHANGE WOULD HAVE A DIRECT EFFECT ON
 THE RESIDENT'S OCCUPANCY OR THE RULES OF  THE  BUILDING,  THE  BOARD  OF
 DIRECTORS SHALL POST THE ADOPTED, AMENDED, OR REPEALED BY-LAWS CONSPICU-
 OUSLY TO ENSURE TENANTS WILL BE AWARE OF SUCH ADOPTION.
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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