S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7057--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Housing -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the  real  property law, in relation to enacting the
   "tenants organizing act"

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "tenants organizing act".
   § 2. Section 230 of the real property law, as added by chapter 809  of
 the laws of 1975  and subdivision 2 as amended by chapter 90 of the laws
 of 1995, is amended to read as follows:
   §  230.  Right  of  tenants  to  form, join or participate in tenants'
 groups. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM  "TENANTS'  ORGAN-
 IZATION"  MEANS  A  BONA  FIDE ORGANIZATION OF TENANTS WHO REPRESENT THE
 OCCUPIED RENTAL UNITS IN A RENTAL HOUSING PROPERTY WITH  FIVE  UNITS  OR
 MORE,  OR  A  BONA  FIDE  ORGANIZATION  WORKING  TO ACHIEVE SUCH STATUS.
 TENANTS' ORGANIZATIONS MAY ENGAGE IN THE FOLLOWING ACTIVITIES, INCLUDING
 BUT NOT LIMITED TO: (A) INITIATING CONTACT WITH  TENANTS,  INCLUDING  BY
 CONDUCTING  DOOR-TO-DOOR  SURVEYS,  TO  ASCERTAIN  INTEREST  IN  OR SEEK
 SUPPORT FOR FORMING A TENANT ORGANIZATION;  (B)  JOINING  OR  SUPPORTING
 ANOTHER TENANT ORGANIZATION; (C) DISTRIBUTING LITERATURE; (D) REQUESTING
 OR  PROVIDING  INFORMATION; (E) OFFERING ASSISTANCE; (F) CONVENING MEET-
 INGS, WHICH MAY OCCUR WITHOUT  A  LANDLORD  OR  LANDLORD  REPRESENTATIVE
 PRESENT; OR (G) OTHERWISE ACTING ON BEHALF OF ONE OR MORE TENANTS IN THE
 BUILDING REGARDING ISSUES OF COMMON INTEREST OR CONCERN.
   2.  No  landlord  shall  interfere with the right of a tenant to form,
 join or participate in the lawful activities of any group, committee  or
 other  organization  formed  to protect the rights of tenants; nor shall
 any landlord harass, punish, penalize, diminish, or withhold any  right,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10771-08-3
 A. 7057--A                          2
              

 
 benefit  or privilege of a tenant under [his] THEIR tenancy for exercis-
 ing such right.
   [2.]  3.  Tenants'  groups, committees or other tenants' organizations
 shall have the right to meet without being required to pay a fee in  any
 location  on the premises including a community or social room where use
 is normally subject to a fee which is devoted to the common use  of  all
 tenants  in a peaceful manner, at reasonable hours and without obstruct-
 ing access to the premises or facilities. No landlord  shall  deny  such
 right.
   4.  TENANTS'  GROUPS, COMMITTEES OR OTHER TENANTS' ORGANIZATIONS SHALL
 HAVE THE RIGHT TO INVITE OUTSIDE GUESTS OR VISITORS, INCLUDING  BUT  NOT
 LIMITED TO ELECTED OFFICIALS, SERVICE PROVIDERS, AND HOUSING LAWYERS, TO
 THEIR  REGULAR  MEETINGS  WITHOUT  BEING  REQUIRED  TO  PAY A FEE IN ANY
 LOCATION ON THE PREMISES INCLUDING A COMMUNITY OR SOCIAL ROOM WHERE  USE
 IS  NORMALLY  SUBJECT TO A FEE WHICH IS DEVOTED TO THE COMMON USE OF ALL
 TENANTS IN A PEACEFUL MANNER, AT REASONABLE HOURS AND WITHOUT  OBSTRUCT-
 ING  ACCESS  TO  THE PREMISES OR FACILITIES. NO LANDLORD SHALL DENY SUCH
 RIGHT.
   5. NO LANDLORD OR AN AGENT OF A LANDLORD SHALL PROHIBIT  OR  INTERFERE
 WITH  A  TENANT  OF A RENTAL UNIT IN A BUILDING, OR A GUEST INVITED BY A
 TENANT, FROM ENGAGING IN LAWFUL ORGANIZING ACTIVITIES.
   6. TENANTS IN A BUILDING MAY ESTABLISH A BONA FIDE TENANTS'  ORGANIZA-
 TION  PURSUANT  TO THIS SECTION BY PROVIDING THEIR LANDLORD WITH A PETI-
 TION SIGNED BY TENANTS REPRESENTING OCCUPIED UNITS WITHIN A BUILDING  OR
 PROPERTY  CERTIFYING  THAT SUCH TENANTS DESIRE TO FORM A TENANTS' ORGAN-
 IZATION. A COPY OF SUCH PETITION MAY ALSO BE FILED WITH THE CLERK OF THE
 GOVERNING MUNICIPALITY.
   7. LANDLORDS AND TENANTS' ORGANIZATIONS SHALL CONFER WITH  EACH  OTHER
 IN  GOOD  FAITH  REGARDING HOUSING CONDITIONS, COMMUNITY LIFE, LANDLORD-
 TENANT RELATIONS, AND OTHER ISSUES OF COMMON INTEREST OR CONCERN.  EXAM-
 PLES  OF  CONFERRING  IN GOOD FAITH MAY INCLUDE MAINTAINING A DESIGNATED
 POINT OF CONTACT, ENGAGING  IN  REGULAR  COMMUNICATIONS,  RESPONDING  TO
 REASONABLE REQUESTS FOR INFORMATION, ALLOWING PARTICIPATION BY NON-RESI-
 DENT  ADVOCATES, AND NEGOTIATING AND PUTTING AGREEMENTS INTO WRITING. IN
 ADDITION, A LANDLORD SHALL, ON WRITTEN REQUEST OF A  TENANTS'  ORGANIZA-
 TION,  ATTEND EITHER THEMSELVES OR THROUGH THEIR REPRESENTATIVE AT LEAST
 ONE TENANTS'  ORGANIZATION  MEETING  EVERY  SIX  MONTHS,  ALTHOUGH  MORE
 FREQUENT ATTENDANCE AT THE REQUEST OF THE TENANTS' ORGANIZATION SHALL BE
 PERMITTED.  SUCH  MEETINGS SHALL OCCUR AT A MUTUALLY CONVENIENT TIME AND
 PLACE. TO REQUEST THAT A LANDLORD OR THEIR REPRESENTATIVE ATTEND A MEET-
 ING, THE TENANTS' ORGANIZATION SHALL SEND THE LANDLORD A WRITTEN REQUEST
 AT LEAST FOURTEEN DAYS IN ADVANCE. ALTERNATIVELY, IF A  TENANTS'  ORGAN-
 IZATION  MEETS  AT  A  REGULARLY  SCHEDULED  TIME  AND  PLACE, THEN SUCH
 TENANTS' ORGANIZATION MAY SEND THE LANDLORD A SINGLE STANDING REQUEST TO
 ATTEND MEETINGS FOR THE DURATION OF THE CALENDAR YEAR.
   § 3. This act shall take effect immediately.