senate Bill S5105C

2021-2022 Legislative Session

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

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Current Bill Status - 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 (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2021 returned to senate
passed assembly
ordered to third reading rules cal.517
substituted for a350c
referred to judiciary
delivered to assembly
passed senate
ordered to third reading cal.1779
committee discharged and committed to rules
Jun 07, 2021 print number 5105c
Jun 07, 2021 amend (t) and recommit to judiciary
Jun 04, 2021 print number 5105b
Jun 04, 2021 amend and recommit to judiciary
May 26, 2021 print number 5105a
May 26, 2021 amend (t) and recommit to judiciary
Feb 23, 2021 referred to judiciary

Co-Sponsors

view additional co-sponsors

S5105 - Details

See Assembly Version of this Bill:
A350
Law Section:
Real Property Actions and Proceedings 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:
S6770, A8718

S5105 - Summary

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

S5105 - Sponsor Memo

S5105 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5105
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by  Sens.  LIU,  BIAGGI,  COMRIE,  KAPLAN,  KRUEGER,  MAYER,
   PERSAUD, SEPULVEDA, STAVISKY -- read twice and  ordered  printed,  and
   when printed to be committed 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S5105A - Details

See Assembly Version of this Bill:
A350
Law Section:
Real Property Actions and Proceedings 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:
S6770, A8718

S5105A - Summary

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

S5105A - Sponsor Memo

S5105A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5105--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by  Sens.  LIU,  BIAGGI,  COMRIE,  KAPLAN,  KRUEGER,  MAYER,
   PERSAUD, REICHLIN-MELNICK, SEPULVEDA, SKOUFIS, STAVISKY -- read  twice
   and ordered printed, and when printed to be committed 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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

S5105B - Details

See Assembly Version of this Bill:
A350
Law Section:
Real Property Actions and Proceedings 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:
S6770, A8718

S5105B - Summary

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

S5105B - Sponsor Memo

S5105B - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5105--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by  Sens.  LIU,  BIAGGI,  COMRIE,  KAPLAN,  KRUEGER,  MAYER,
   PERSAUD, REICHLIN-MELNICK, SEPULVEDA, SKOUFIS, STAVISKY -- read  twice
   and ordered printed, and when printed to be committed to the Committee
   on  Judiciary -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee -- 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/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
 IN  SECTION SEVEN HUNDRED TWO OF THIS ARTICLE AND MAY BE SOUGHT IN ADDI-
 TION TO RENT IN A SUMMARY PROCEEDING PURSUANT TO THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03421-05-1

Co-Sponsors

view additional co-sponsors

S5105C (ACTIVE) - Details

See Assembly Version of this Bill:
A350
Law Section:
Real Property Actions and Proceedings 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:
S6770, A8718

S5105C (ACTIVE) - Summary

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

S5105C (ACTIVE) - Sponsor Memo

S5105C (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5105--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by  Sens.  LIU,  BIAGGI,  COMRIE,  KAPLAN,  KRUEGER,  MAYER,
   PERSAUD, REICHLIN-MELNICK, SEPULVEDA, SKOUFIS, STAVISKY -- read  twice
   and ordered printed, and when printed to be committed to the Committee
   on  Judiciary -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee -- committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 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;
   (B) SUCH TENANT HAS OR WILL HAVE AFTER PURCHASE EXCLUSIVE OCCUPANCY OF
 SUCH  DWELLING UNIT INDIVIDUALLY AND WITH THE PERMITTED OCCUPANTS PURSU-
 ANT TO A PROPRIETARY LEASE OR OCCUPANCY AGREEMENT  AND  ESTABLISHED  AND
 DELIMITED RIGHTS UNDER SUCH LEASE OR AGREEMENT; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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