NY State Senate Bill 2019-S6689

Senate Bill S6689

2019-2020 Legislative Session

Excludes seasonal or temporary tenancies from the provisions regulating deposits and advances for permanent residential dwelling units

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to judiciary
Sep 06, 2019	referred to rules

2019-S6689 (ACTIVE) - Details

See Assembly Version of this Bill:: A8546
Current Committee:: Senate Judiciary
Law Section:: General Obligations Law
Laws Affected:: Amd §7-108, Gen Ob L

2019-S6689 (ACTIVE) - Summary

Excludes seasonal or temporary tenancies for a period of one hundred twenty days from the provisions regulating deposits and advances for permanent residential dwelling units.

2019-S6689 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6689

SPONSOR: LAVALLE
 
TITLE OF BILL:  An act to amend the general obligations law, in
relation to excluding seasonal or temporary tenancies from the
provisions regulating deposits and advances for permanent residential
dwelling units

 
PURPOSE:

To clarify that seasonal or temporary tenancies be excluded from the
provisions regulating deposits and advances for permanent residential
dwelling units.

 
SUMMARY OF PROVISIONS:

Amends subdivision 1 and the opening paragraph of subdivision 1-a of
section 7-108 of the general obligations.

 
JUSTIFICATION:

The enacted Housing Stability and Tenants' Protection Act of 2019
(HSTPA) provides sweeping housing reforms to protect tenants in relation
to permanent residential housing. One of the provisions states that a
landlord cannot demand a "deposit or advance" in excess of one month's
rent. Despite the clear intent of the State Legislature that this act
was to apply to permanent housing, some have opined that the "security
and advance" limitation could also be applied to seasonal or temporary
rentals. To date, the Attorney General, who is responsible for enforcing
the law, has offered no opinion on whether the act would apply to
seasonal rentals.

It is common practice on the East End of Long Island and in other vaca-
tion destinations across New York State to require a single payment for
the entire term of a seasonal rental. If the act were to be applied to
seasonal rentals, that practice would not be permitted.  Such a prohibi-
tion would have a significant and unnecessary adverse impact on the
seasonal rental market and the state's tourist economy.  Single payments
for vacation rentals have never presented an issue for tenants. Applica-
tion of this provision to seasonal rentals would cause significant
economic injury without providing any commensurate public benefit. This
legislation would make it clear that the HSTPA provision relating to
security and advances does not apply to seasonal rental of 120 days or
less.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2019-S6689 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6689
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             September 6, 2019
                                ___________
 
 Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general obligations law, in  relation  to  excluding
   seasonal  or temporary tenancies from the provisions regulating depos-
   its and advances for permanent residential dwelling units

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 and the opening paragraph of subdivision 1-a
 of section 7-108 of  the  general  obligations  law,  subdivision  1  as
 amended and the opening paragraph of subdivision 1-a as added by section
 25  of  part M of chapter 36 of the laws of 2019, are amended to read as
 follows:
   1. This section shall apply to all PERMANENT dwelling units  in  resi-
 dential  premises, unless such dwelling unit is specifically referred to
 in section 7-107 of this title.
   Except in dwelling units subject to the city rent  and  rehabilitation
 law  or  the emergency housing rent control law, continuing care retire-
 ment communities licensed pursuant to article forty-six  or  forty-six-A
 of the public health law, assisted living providers licensed pursuant to
 article  forty-six-B  of  the  public  health law, adult care facilities
 licensed pursuant to article seven of the social  services  law,  senior
 residential  communities  that  have  submitted  an offering plan to the
 attorney general, [or] not-for-profit independent retirement communities
 that offer personal emergency response, housekeeping, transportation and
 meals to their residents, OR TENANCIES FOR TEMPORARY OR SEASONAL USE FOR
 A PERIOD OF ONE HUNDRED TWENTY DAYS OR LESS:
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13609-01-9

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