S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1938
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 18, 2019
                                ___________
 
 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.
   § 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:
   § 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.
              

                                                            LBD06171-01-9

 A. 1938                             2
 
   §  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:
   § 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.
   § 4. This act shall take effect immediately.