senate Bill S8783B

2021-2022 Legislative Session

Establishes a program to address the legalization of specified basements and cellars and the conversion of other specified basements and cellars in a city with a population of one million or more

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Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 20, 2022 print number 8783b
May 20, 2022 amend (t) and recommit to judiciary
May 12, 2022 print number 8783a
May 12, 2022 amend (t) and recommit to judiciary
Apr 18, 2022 referred to judiciary

Co-Sponsors

S8783 - Details

See Assembly Version of this Bill:
A9802
Current Committee:
Senate Judiciary
Law Section:
Multiple Dwelling Law
Laws Affected:
Add Art 7-D §§288 - 290, Mult Dwell L; amd §§472 & 473, Priv Hous Fin L

S8783 - Summary

Establishes a program to address the legalization of specified basements and cellars and the conversion of other specified basements and cellars in a city with a population of one million or more.

S8783 - Sponsor Memo

S8783 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 8783                                                  A. 9802
 
                       S E N A T E - A S S E M B L Y
 
                              April 18, 2022
                                ___________
 
 IN  SENATE  --  Introduced  by  Sen.  KAVANAGH -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary
 
 IN  ASSEMBLY -- Introduced by M. of A. EPSTEIN -- read once and referred
   to the Committee on Local Governments
 
 AN ACT to amend the real property law, in  relation  to  establishing  a
   program  to  address  the legalization of specified accessory dwelling
   units in a city with a population of one million or more
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property law is amended by adding a new article 16
 to read as follows:
                                 ARTICLE 16
                         ACCESSORY DWELLING UNITS
 SECTION 480. DEFINITIONS.
         481. ACCESSORY DWELLING UNIT REGULATIONS AND LOCAL LAWS.
         482. TENANT PROTECTIONS.
   § 480. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHER-
 WISE REQUIRES, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "ACCESSORY  DWELLING  UNIT"  SHALL  MEAN AN ATTACHED OR A DETACHED
 RESIDENTIAL DWELLING UNIT  THAT  PROVIDES  COMPLETE  INDEPENDENT  LIVING
 FACILITIES  FOR ONE OR MORE PERSONS, WHICH IS LOCATED ON THE SAME LOT AS
 A SINGLE-FAMILY OR MULTI-FAMILY  DWELLING  PROPOSED  OR  EXISTING  AS  A
 PRIMARY  RESIDENCE, AND SUCH UNIT SHALL INCLUDE PERMANENT PROVISIONS FOR
 LIVING, SLEEPING, EATING, COOKING, BATHING AND WASHING,  AND  SANITATION
 ON THE SAME LOT AS SUCH PRIMARY RESIDENCE.
   2. "REGULATION" SHALL MEAN ANY ORDINANCE, LOCAL LAW, RESOLUTION, RULE,
 POLICY,  OR REGULATION ADOPTED OR ENACTED PURSUANT TO THE AUTHORITY OF A
 GENERAL, SPECIAL, CHARTER OR OTHER LAW UNLESS  THE  CONTEXT  SUGGESTS  A
 DIFFERENT MEANING.
   3.  "RENTED" SHALL MEAN TO LEASE, LET, OR HIRE OUT AN ACCESSORY DWELL-
 ING UNIT, A RESIDENCE, OR ANY PORTION OF SUCH UNIT OR RESIDENCE,  TO  BE
 OCCUPIED OR THAT IS OCCUPIED FOR LIVING PURPOSES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

S8783A - Details

See Assembly Version of this Bill:
A9802
Current Committee:
Senate Judiciary
Law Section:
Multiple Dwelling Law
Laws Affected:
Add Art 7-D §§288 - 290, Mult Dwell L; amd §§472 & 473, Priv Hous Fin L

S8783A - Summary

Establishes a program to address the legalization of specified basements and cellars and the conversion of other specified basements and cellars in a city with a population of one million or more.

S8783A - Sponsor Memo

S8783A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8783--A
 
                             I N  S E N A T E
 
                              April 18, 2022
                                ___________
 
 Introduced  by  Sens.  KAVANAGH, CLEARE, FELDER, GOUNARDES, SEPULVEDA --
   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 law, in  relation  to  establishing  a
   program  to  address the safety and legalization of specified basement
   and cellar dwelling units in New York city
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property law is amended by adding a new article 16
 to read as follows:
                                ARTICLE 16
            BASEMENT AND CELLAR DWELLING UNITS IN NEW YORK CITY
 SECTION 480. DEFINITIONS.
         481. BASEMENT AND CELLAR DWELLING UNIT LEGALIZATION PROGRAM.
         482. TENANT PROTECTIONS.
   § 480. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "BASEMENT"  SHALL  MEAN  A  STORY PARTLY BELOW THE GRADE PLANE AND
 HAVING LESS THAN ONE-HALF ITS CLEAR HEIGHT (MEASURED FROM FINISHED FLOOR
 TO FINISHED CEILING) BELOW THE GRADE PLANE.
   2. "CELLAR" SHALL MEAN THAT PORTION OF A BUILDING THAT  IS  PARTLY  OR
 WHOLLY  UNDERGROUND,  AND  HAVING  ONE-HALF  OR MORE OF ITS CLEAR HEIGHT
 (MEASURED FROM FINISHED FLOOR  TO  FINISHED  CEILING)  BELOW  THE  GRADE
 PLANE.
   3.  "BASEMENT OR CELLAR DWELLING UNIT" SHALL MEAN A RESIDENTIAL DWELL-
 ING UNIT THAT PROVIDES COMPLETE INDEPENDENT LIVING FACILITIES FOR ONE OR
 MORE PERSONS,  INCLUDING  PERMANENT  PROVISIONS  FOR  LIVING,  SLEEPING,
 EATING,  COOKING,  BATHING AND WASHING, AND SANITATION, WHICH IS LOCATED
 IN THE BASEMENT OR CELLAR  OF  A  LEGAL  SINGLE-FAMILY  OR  MULTI-FAMILY
 DWELLING.
   4.  "TENANT"  SHALL MEAN A TENANT, SUBTENANT, LESSEE, SUBLESSEE, OCCU-
 PANT, OR ASSIGNEE OF A BASEMENT OR CELLAR DWELLING UNIT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14945-02-2

Co-Sponsors

S8783B (ACTIVE) - Details

See Assembly Version of this Bill:
A9802
Current Committee:
Senate Judiciary
Law Section:
Multiple Dwelling Law
Laws Affected:
Add Art 7-D §§288 - 290, Mult Dwell L; amd §§472 & 473, Priv Hous Fin L

S8783B (ACTIVE) - Summary

Establishes a program to address the legalization of specified basements and cellars and the conversion of other specified basements and cellars in a city with a population of one million or more.

S8783B (ACTIVE) - Sponsor Memo

S8783B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8783--B
 
                             I N  S E N A T E
 
                              April 18, 2022
                                ___________
 
 Introduced  by  Sens.  KAVANAGH, CLEARE, FELDER, GOUNARDES, SEPULVEDA --
   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  multiple  dwelling  law  and  the  private  housing
   finance  law,  in  relation  to  establishing a program to address the
   legalization of specified basements and cellars and the conversion  of
   other  specified  basements and cellars in a city with a population of
   one million or more
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The multiple dwelling law is amended by adding a new arti-
 cle 7-D to read as follows:
                                ARTICLE 7-D
           LEGALIZATION AND CONVERSION OF BASEMENTS AND CELLARS
 SECTION 288. DEFINITIONS.
         289. BASEMENT AND CELLAR LOCAL LAWS AND REGULATIONS.
         290. TENANT PROTECTIONS IN INHABITED BASEMENTS OR CELLARS.
   § 288. DEFINITIONS. AS USED IN THIS ARTICLE,  UNLESS  THE  CONTEXT  OR
 SUBJECT  MATTER  REQUIRES  OTHERWISE, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. THE TERM "INHABITED BASEMENT OR CELLAR" MEANS A BASEMENT OR  CELLAR
 UNLAWFULLY OCCUPIED AS A RESIDENCE BY ONE OR MORE TENANTS ON OR PRIOR TO
 THE EFFECTIVE DATE OF THIS ARTICLE;
   2.  THE TERM "RENTED" MEANS LEASED, LET, OR HIRED OUT, WITH OR WITHOUT
 A WRITTEN AGREEMENT; AND
   3. THE TERM "TENANT" MEANS AN INDIVIDUAL TO WHOM AN INHABITED BASEMENT
 OR CELLAR IS RENTED.
   § 289. BASEMENT AND CELLAR LOCAL LAWS AND REGULATIONS.    1.  NOTWITH-
 STANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW TO THE CONTRARY, IN A
 CITY  WITH  A  POPULATION  OF ONE MILLION OR MORE, THE LOCAL LEGISLATIVE
 BODY MAY, BY LOCAL LAW, ESTABLISH A PROGRAM TO ADDRESS, AS  APPROPRIATE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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