NY State Senate Bill 2021-S9036

Senate Bill S9036

Signed By Governor

2021-2022 Legislative Session

Requiring a petition in a summary proceeding to recover possession of real property in Albany to allege proof of compliance with local laws requiring rental residential property registration and licensure

download bill text pdf

Archive: Last Bill Status Via A10113 - 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 21, 2022	signed chap.615 delivered to governor
Jun 02, 2022	returned to assembly passed senate 3rd reading cal.1697 substituted for s9036
Jun 02, 2022	substituted by a10113
May 31, 2022	ordered to third reading cal.1697 committee discharged and committed to rules
May 04, 2022	referred to housing, construction and community development

Votes

- Jun 2, 2022 - Floor Vote
  A10113
  
  44
  
  Aye
  
  19
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 2, 2022
      
      aye (44)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (19)
      
      Akshar
      
      Borrello
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Jordan
      
      Lanza
      
      Martucci
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  May 31, 2022 - Rules Committee Vote
  S9036
  
  15
  
  Aye
  
  3
  
  Nay
  
  2
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 31, 2022
      
      aye (15)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Parker
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins
      
      nay (3)
      
      Boyle
      
      Griffo
      
      Ortt
      
      aye wr (2)
      
      Gallivan
      
      Ritchie
      
      absent (1)
      
      O'Mara

2021-S9036 (ACTIVE) - Details

See Assembly Version of this Bill:: A10113
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Amd §741, RPAP L

2021-S9036 (ACTIVE) - Summary

Requires a petition in a summary proceeding to recover possession of real property in the city of Albany to allege proof of compliance with local laws requiring rental residential property registration and licensure.

2021-S9036 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9036

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the real property actions and proceedings law, in
relation to requiring a petition in a summary proceeding to recover
possession of real property in the city of Albany to allege proof of
compliance with local laws requiring rental residential property regis-
tration and licensure

 
PURPOSE OR GENERAL IDEA OF THE BILL:

Will require that in order to commence a summary proceeding for eviction
in the City of Albany pursuant to Article 7 of the Real Property Actions
and Proceedings Law, the party must plead and prove compliance with any
local law requiring the registration or licensure of residential rental
dwellings.

 
SUMMARY OF THE PROVISIONS:

Amends Real Property Actions and Proceedings Law § 741 to include a

sixth section that requires proof of compliance with the law in the City
of Albany.

 
JUSTIFICATION:

The City of Albany maintains a rental dwelling registration program
requiring that residential rental housing pass periodic health and safe-
ty inspections for code compliance.

Compliance with this program is critical to ensuring rental housing is
safe as they provide local code enforcement with what is often its only
opportunity to proactively inspect rental housing. However, noncompli-
ance with local rental registration programs is rampant despite active
enforcement efforts. In studying this problem, it was discovered that as
many as 44% of eviction petitions filed in Albany City Court involve
units that have not been inspected and registered according to Albany's
rental registration program.

The proposed amendment will extend a commonsense protection to the City
of Albany which has opted to establish local rental dwelling registra-
tion laws. It will foster responsible property management, empower the
City to protect their residents, and conserve judicial resources by
settling the question of whether rental registry compliance is enforcea-
ble in eviction proceedings.

 
PRIOR LEGISLATIVE HISTORY:

None, new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2021-S9036 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9036
 
                             I N  S E N A T E
 
                                May 4, 2022
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation to requiring a petition in a summary  proceeding  to  recover
   possession  of  real property in the city of Albany to allege proof of
   compliance with  local  laws  requiring  rental  residential  property
   registration and licensure
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 741 of the real property actions  and  proceedings
 law is amended by adding a new subdivision 6 to read as follows:
   6.  IN  THE  CITY  OF ALBANY, WHERE THE PREMISES FROM WHICH REMOVAL IS
 SOUGHT IS SUBJECT TO A LOCAL LAW  REQUIRING  THE  REGISTRATION  OF  SAID
 PREMISES AS A CONDITION OF LEGAL RENTAL, ALLEGE PROOF OF COMPLIANCE WITH
 SUCH LOCAL LAW.
   §  2.   This act shall take effect on the ninetieth day after it shall
 have become a law.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15500-02-2

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