senate Bill S628

2021-2022 Legislative Session

Requires the issuance of certificates of occupancy for rental property damaged by fire

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules 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 (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2022 committed to rules
Jan 26, 2022 advanced to third reading
Jan 25, 2022 2nd report cal.
Jan 24, 2022 1st report cal.318
Jan 05, 2022 referred to judiciary
Jan 06, 2021 referred to judiciary

Votes

view votes

Jan 24, 2022 - Judiciary committee Vote

S628
10
2
committee
10
Aye
2
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

Judiciary Committee Vote: Jan 24, 2022

nay (2)
aye wr (3)

S628 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Real Property Law
Laws Affected:
Add §235-bbb, RP L
Versions Introduced in 2019-2020 Legislative Session:
S7878

S628 (ACTIVE) - Summary

Requires the issuance of certificates of occupancy for rental property damaged by fire.

S628 (ACTIVE) - Sponsor Memo

S628 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    628
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the real property law, in relation to  the  issuance  of
   certificates of occupancy for rental property damaged by fire

   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  section
 235-bbb to read as follows:
   § 235-BBB. CERTIFICATES OF OCCUPANCY; FIRE DAMAGE. 1. PRIOR TO EXECUT-
 ING  A RESIDENTIAL LEASE OR RENTAL AGREEMENT WITH A TENANT, THE OWNER OF
 REAL PROPERTY CONSISTING OF ONE OR  MORE  RENTAL  UNITS  THAT  HAS  BEEN
 DAMAGED BY FIRE SHALL:
   (A)  IF  THE  REAL  PROPERTY  IS LOCATED IN A MUNICIPALITY THAT ISSUES
 CERTIFICATES OF OCCUPANCY, OBTAIN A CERTIFICATE OF OCCUPANCY  FROM  SUCH
 MUNICIPALITY. SUCH CERTIFICATE OF OCCUPANCY SHALL ONLY BE ISSUED IF SUCH
 REAL  PROPERTY IS HABITABLE AND NO BUILDING CODE VIOLATIONS ARE PRESENT.
 SUCH CERTIFICATE OF OCCUPANCY SHALL ONLY BE VALID IF IT IS DATED  SUBSE-
 QUENT TO THE DATE SUCH PROPERTY WAS DAMAGED BY FIRE; OR
   (B)  IF  THE  REAL PROPERTY IS LOCATED IN A MUNICIPALITY THAT DOES NOT
 ISSUE  CERTIFICATES  OF  OCCUPANCY,  OBTAIN  A  WRITTEN   STATEMENT   OF
 INSPECTION  FROM  THE  BUILDING CODE ENFORCEMENT OFFICER OF SUCH MUNICI-
 PALITY  OR  AN  INDEPENDENT  BUILDING  INSPECTOR.  SUCH   STATEMENT   OF
 INSPECTION  SHALL  ONLY BE ISSUED IF SUCH REAL PROPERTY IS HABITABLE AND
 NO BUILDING CODE VIOLATIONS ARE PRESENT. SUCH  STATEMENT  OF  INSPECTION
 SHALL  ONLY BE VALID IF IT IS DATED SUBSEQUENT TO THE DATE SUCH PROPERTY
 WAS DAMAGED BY FIRE.
   2. PRIOR TO EXECUTING A RESIDENTIAL LEASE OR RENTAL AGREEMENT  WITH  A
 TENANT,  THE  OWNER  OF REAL PROPERTY SUBJECT TO SUBDIVISION ONE OF THIS
 SECTION SHALL PROVIDE AN ACTUAL COPY OF THE VALID CERTIFICATE  OF  OCCU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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