Assembly Bill A8718

2019-2020 Legislative Session

Excludes tenant-shareholders in cooperative housing corporations from certain housing provisions

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2019-A8718 (ACTIVE) - Details

See Senate Version of this Bill:
S6770
Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Amd §7-108, Gen Ob L; amd §§227-f, 238-a, 234 & 235-e, RP L; amd §702, RPAP L
Versions Introduced in 2021-2022 Legislative Session:
A350, S5105

2019-A8718 (ACTIVE) - Summary

Excludes tenant-shareholders in cooperative housing corporations from certain housing provisions, fixing certain unintended effects of the Housing Stability and Tenant Protection Act of 2019.

2019-A8718 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8718
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 23, 2019
                                ___________
 
 Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the general obligations law, the real property law,  and
   the  real property actions and proceedings law, in relation to exclud-
   ing  tenant-shareholders  in  cooperative  housing  corporations  from
   certain housing provisions

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 1-a of section  7-108  of  the
 general  obligations law, as added by section 25 of part M of chapter 36
 of the laws of 2019, is amended to read as follows:
   (a) No deposit or advance shall exceed the amount of one month's  rent
 under  such  contract,  EXCEPT IN DWELLING UNITS WHICH ARE A COOPERATIVE
 HOUSING CORPORATION AND WHERE THE TENANT WOULD BECOME A  SHAREHOLDER  OF
 SUCH DWELLING UNIT.
   § 2. Section 227-f of the real property law is amended by adding a new
 subdivision 3 to read as follows:
   3.  THIS  SECTION SHALL NOT APPLY TO A PROSPECTIVE TENANT OF A COOPER-
 ATIVE HOUSING CORPORATION, WHERE SUCH PROSPECTIVE TENANT WOULD BECOME  A
 SHAREHOLDER OF SUCH COOPERATIVE HOUSING CORPORATION.
   §  3.  Subdivisions 1 and 2 of section 238-a of the real property law,
 as added by section 10 of part M of chapter 36 of the laws of 2019,  are
 amended to read as follows:
   1. (a) Except in instances where statutes or regulations provide for a
 payment,  fee  or charge, no landlord, lessor, sub-lessor or grantor may
 demand any payment, fee, or charge for the processing, review or accept-
 ance of an application, or demand  any  other  payment,  fee  or  charge
 before  or at the beginning of the tenancy, except background checks and
 credit checks as provided by paragraph (b) of this subdivision, provided
 that this subdivision shall  not  apply  to  entrance  fees  charged  by
 continuing  care  retirement  communities  licensed  pursuant to article

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

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