Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Dec 22, 2021 |
approval memo.142 signed chap.789 |
Dec 10, 2021 |
delivered to governor |
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 |
Senate Bill S5105C
Signed By Governor2021-2022 Legislative Session
Sponsored By
(D) 16th Senate District
Archive: Last Bill Status - Signed by Governor
- 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
Actions
Votes
Bill Amendments
co-Sponsors
(D, WF) Senate District
(D) 14th Senate District
(D, IP, WF) Senate District
(D, WF) 28th Senate District
2021-S5105 - Details
2021-S5105 - Sponsor Memo
BILL NUMBER: S5105 SPONSOR: LIU TITLE OF BILL: An act to amend the general obligations law, the real property law, and the real property actions and proceedings law, in relation to excluding tenant-shareholders in cooperative housing corporations from certain housing provisions JUSTIFICATION: The Housing Stability and Tenant Protection Act of 2019 was a landmark bill in protecting tenant rights. However, several provisions of the bill were unclear regarding its application to shareholder-tenants who utilize their cooperative as their residence. This bill adds clarifying language and exempts these homeowner shareholder-tenants from those provisions that would have a negative impact to their homeownership. LEGISLATIVE HISTORY:
2021-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
(D, WF) Senate District
(D) 14th Senate District
(D, IP, WF) Senate District
(D, WF) 28th Senate District
2021-S5105A - Details
2021-S5105A - Sponsor Memo
BILL NUMBER: S5105A SPONSOR: LIU TITLE OF BILL: An act to amend the real property actions and proceedings law, in relation to grounds where no landlord-tenant relationships exist in cooperative apartments JUSTIFICATION: The Housing Stability and Tenant Protection Act of 2019 was a landmark bill in protecting tenant rights. However, several provisions of the bill were unclear regarding its application to shareholder-tenants who utilize their cooperative as their residence. This bill adds clarifying language and exempts these homeowner shareholder-tenants from those provisions that would have a negative impact to their homeownership. LEGISLATIVE HISTORY:
2021-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
(D, WF) Senate District
(D) 14th Senate District
(D, IP, WF) Senate District
(D, WF) 28th Senate District
2021-S5105B - Details
2021-S5105B - Sponsor Memo
BILL NUMBER: S5105B SPONSOR: LIU TITLE OF BILL: An act to amend the real property actions and proceedings law, in relation to grounds where no landlord-tenant relationships exist in cooperative apartments JUSTIFICATION: The Housing Stability and Tenant Protection Act of 2019 was a landmark bill in protecting tenant rights. However, several provisions of the bill were unclear regarding its application to shareholder-tenants who utilize their cooperative as their residence. This bill adds clarifying language and exempts these homeowner shareholder-tenants from those provisions that would have a negative impact to their homeownership. LEGISLATIVE HISTORY:
2021-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
(D, WF) Senate District
(D) 14th Senate District
(D, IP, WF) Senate District
(D, WF) 28th Senate District
2021-S5105C (ACTIVE) - Details
2021-S5105C (ACTIVE) - Sponsor Memo
BILL NUMBER: S5105C SPONSOR: LIU TITLE OF BILL: An act to amend the general obligations law, the real property law, and the real property actions and proceedings law, in relation to excluding tenant-shareholders in cooperative housing corporations from certain housing provisions JUSTIFICATION: The Housing Stability and Tenant Protection Act of 2019 was a landmark bill in protecting tenant rights. However, several provisions of the bill were unclear regarding its application to shareholder-tenants who òutilize their cooperative as their residence. This bill adds clarifying language and exempts these homeowner shareholder-tenants from those provisions that would have a negative impact to their homeownership. LEGISLATIVE HISTORY:
2021-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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