assembly Bill A350C

2021-2022 Legislative Session

Relates to grounds where no landlord-tenant relationships exist in cooperative apartments

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Sponsored By

Current Bill Status Via S5105 - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2021 returned to senate
passed assembly
ordered to third reading rules cal.517
substituted for a350c
Jun 10, 2021 substituted by s5105c
Jun 08, 2021 ordered to third reading rules cal.517
rules report cal.517
reported
Jun 07, 2021 print number 350c
Jun 07, 2021 amend (t) and recommit to rules
Jun 04, 2021 amend and recommit to rules 350b
May 26, 2021 reported referred to rules
May 20, 2021 print number 350a
May 20, 2021 amend (t) and recommit to judiciary
Jan 06, 2021 referred to judiciary

Co-Sponsors

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Multi-Sponsors

A350 - Details

See Senate Version of this Bill:
S5105
Law Section:
General Obligations Law
Laws Affected:
Amd §7-108, Gen Ob L; amd §§226-c, 238-a, 235-e & 234, RP L; amd §702, RPAP L
Versions Introduced in 2019-2020 Legislative Session:
A8718, S6770

A350 - Summary

Delineates instances where no landlord-tenant relationships exist in cooperative apartments.

A350 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    350
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. BRAUNSTEIN, D. ROSENTHAL, WEPRIN, STIRPE, QUART,
   SEAWRIGHT, CARROLL, PHEFFER AMATO, COLTON, HYNDMAN, DINOWITZ, GRIFFIN,
   THIELE, COOK, PRETLOW, BENEDETTO,  LAVINE,  RICHARDSON,  MONTESANO  --
   Multi-Sponsored  by -- M. of A. McDONOUGH -- 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

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Multi-Sponsors

A350A - Details

See Senate Version of this Bill:
S5105
Law Section:
General Obligations Law
Laws Affected:
Amd §7-108, Gen Ob L; amd §§226-c, 238-a, 235-e & 234, RP L; amd §702, RPAP L
Versions Introduced in 2019-2020 Legislative Session:
A8718, S6770

A350A - Summary

Delineates instances where no landlord-tenant relationships exist in cooperative apartments.

A350A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  350--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. BRAUNSTEIN, D. ROSENTHAL, WEPRIN, STIRPE, QUART,
   SEAWRIGHT, CARROLL, PHEFFER AMATO, COLTON, HYNDMAN, DINOWITZ, GRIFFIN,
   THIELE, COOK, PRETLOW, BENEDETTO,  LAVINE,  RICHARDSON,  MONTESANO  --
   Multi-Sponsored  by -- M. of A. McDONOUGH -- read once and referred to
   the Committee on Judiciary  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation to grounds where no landlord-tenant  relationships  exist  in
   cooperative apartments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property actions and proceedings law is amended by
 adding a new section 713-b to read as follows:
   § 713-B. GROUNDS WHERE NO LANDLORD TENANT RELATIONSHIPS EXIST IN COOP-
 ERATIVE APARTMENTS. 1. A PERSON SHALL NOT BE CONSIDERED A TENANT FOR THE
 PURPOSES OF SECTION 7-108 OF THE GENERAL OBLIGATIONS  LAW  AND  SECTIONS
 TWO  HUNDRED  TWENTY-SEVEN-F,  TWO  HUNDRED TWENTY-SIX-C AND TWO HUNDRED
 THIRTY-EIGHT-A OF THE REAL PROPERTY LAW, WHERE SUCH PERSON:
   (A) IS A DWELLING UNIT OWNER OF A COOPERATIVE APARTMENT  OR  A  SHARE-
 HOLDER OF THE OWNERSHIP ENTITY;
   (B) HAS EXCLUSIVE OCCUPANCY OF SUCH DWELLING UNIT; AND
   (C) HAS ESTABLISHED AND DELIMITED RIGHTS UNDER A PROPRIETARY LEASE.
   2. NOTWITHSTANDING THE PROVISIONS OF SECTION SEVEN HUNDRED TWO OF THIS
 ARTICLE,  MAINTENANCE FEES, SPECIAL ASSESSMENTS, AND ADMINISTRATIVE FEES
 COLLECTED FROM A UNIT OWNER BY THE COOPERATIVE APARTMENT UNDER A PROPRI-
 ETARY LEASE SHALL NOT BE CONSIDERED RENT AS  DEFINED  IN  SECTION  SEVEN
 HUNDRED  TWO  OF THIS ARTICLE AND MAY BE SOUGHT IN ADDITION TO RENT IN A
 SUMMARY PROCEEDING PURSUANT TO THIS ARTICLE.
   3. NOTWITHSTANDING THE PROVISIONS OF SECTION TWO  HUNDRED  THIRTY-FOUR
 OF THE REAL PROPERTY LAW, ATTORNEY'S FEES MAY BE AWARDED TO EITHER PARTY
 IN  THE  EVENT  OF  DEFAULT  JUDGMENT  IF RECOVERY OF ATTORNEY'S FEES IS
 PROVIDED FOR IN A PROPRIETARY LEASE.

Co-Sponsors

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Multi-Sponsors

A350B - Details

See Senate Version of this Bill:
S5105
Law Section:
General Obligations Law
Laws Affected:
Amd §7-108, Gen Ob L; amd §§226-c, 238-a, 235-e & 234, RP L; amd §702, RPAP L
Versions Introduced in 2019-2020 Legislative Session:
A8718, S6770

A350B - Summary

Delineates instances where no landlord-tenant relationships exist in cooperative apartments.

A350B - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  350--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. BRAUNSTEIN, D. ROSENTHAL, WEPRIN, STIRPE, QUART,
   SEAWRIGHT, CARROLL, PHEFFER AMATO, COLTON, HYNDMAN, DINOWITZ, GRIFFIN,
   THIELE, COOK, PRETLOW, BENEDETTO,  LAVINE,  RICHARDSON,  MONTESANO  --
   Multi-Sponsored  by -- M. of A. McDONOUGH -- read once and referred to
   the Committee on Judiciary  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   reported and referred to the Committee on  Rules  --  Rules  Committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to the Committee on Rules
 
 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation to grounds where no landlord-tenant  relationships  exist  in
   cooperative apartments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property actions and proceedings law is amended by
 adding a new section 713-b to read as follows:
   § 713-B. GROUNDS WHERE NO LANDLORD TENANT RELATIONSHIPS EXIST IN COOP-
 ERATIVE APARTMENTS. 1. A PERSON SHALL NOT BE CONSIDERED A TENANT FOR THE
 PURPOSES OF SECTION 7-108 OF THE GENERAL OBLIGATIONS  LAW  AND  SECTIONS
 TWO  HUNDRED  TWENTY-SEVEN-F,  TWO  HUNDRED TWENTY-SIX-C AND TWO HUNDRED
 THIRTY-EIGHT-A OF THE REAL PROPERTY LAW, WHERE SUCH PERSON:
   (A) IS A DWELLING UNIT OWNER OF A COOPERATIVE APARTMENT  OR  A  SHARE-
 HOLDER OF THE OWNERSHIP ENTITY;
   (B) HAS EXCLUSIVE OCCUPANCY OF SUCH DWELLING UNIT; AND
   (C)   HAS   ESTABLISHED  AND  DELIMITED  RIGHTS  UNDER  A  PROPRIETARY
 LEASE/OCCUPANCY AGREEMENT.
   2. NOTWITHSTANDING THE PROVISIONS OF SECTION SEVEN HUNDRED TWO OF THIS
 ARTICLE, MAINTENANCE FEES, SPECIAL ASSESSMENTS, AND ADMINISTRATIVE  FEES
 COLLECTED FROM A UNIT OWNER BY THE COOPERATIVE APARTMENT UNDER A PROPRI-
 ETARY  LEASE/OCCUPANCY AGREEMENT SHALL NOT BE CONSIDERED RENT AS DEFINED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A350C (ACTIVE) - Details

See Senate Version of this Bill:
S5105
Law Section:
General Obligations Law
Laws Affected:
Amd §7-108, Gen Ob L; amd §§226-c, 238-a, 235-e & 234, RP L; amd §702, RPAP L
Versions Introduced in 2019-2020 Legislative Session:
A8718, S6770

A350C (ACTIVE) - Summary

Delineates instances where no landlord-tenant relationships exist in cooperative apartments.

A350C (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  350--C
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. BRAUNSTEIN, D. ROSENTHAL, WEPRIN, STIRPE, QUART,
   SEAWRIGHT, CARROLL, PHEFFER AMATO, COLTON, HYNDMAN, DINOWITZ, GRIFFIN,
   THIELE, COOK, PRETLOW, BENEDETTO,  LAVINE,  RICHARDSON,  MONTESANO  --
   Multi-Sponsored  by -- M. of A. McDONOUGH -- read once and referred to
   the Committee on Judiciary  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   reported and referred to the Committee on  Rules  --  Rules  Committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to the Committee on Rules -- Rules Committee discharged, bill amended,
   ordered reprinted as amended and recommitted to the Committee on Rules
 
 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 and a new subdivision 4 is added to read
 as follows:
   (a)  No deposit or advance shall exceed the amount of one month's rent
 under such contract, UNLESS THE DEPOSIT OR ADVANCE IS FOR AN OWNER-OCCU-
 PIED COOPERATIVE APARTMENT AS PROVIDED FOR IN SUBDIVISION FOUR  OF  THIS
 SECTION.
   4.  A  DWELLING  UNIT  SHALL  QUALIFY AS AN OWNER-OCCUPIED COOPERATIVE
 APARTMENT FOR THE PURPOSE OF PARAGRAPH (A) OF SUBDIVISION ONE-A OF  THIS
 SECTION IF IT MEETS ALL OF THE FOLLOWING CONDITIONS:
   (A) THE TENANT IS THE DWELLING UNIT OWNER, PURCHASER OR SHAREHOLDER OF
 SUCH A COOPERATIVE HOUSING CORPORATION;

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