LBD15155-02-6
S. 9912 2
COMMUNITY LIFE, LANDLORD-TENANT RELATIONS, AND OTHER ISSUES OF COMMON
INTEREST OR CONCERN.
3. "LANDLORD" MEANS THE OWNER, LESSOR, OR SUBLESSOR OF A RESIDENTIAL
BUILDING, WITH THE EXCEPTION OF TENANTS WHO ARE ALSO COOPERATIVE OWNERS.
LANDLORD INCLUDES, BUT IS NOT LIMITED TO, INDIVIDUAL PERSONS, CORPO-
RATIONS, INVESTOR-OWNERS, AND OWNERS OF ANY PROPERTY INTEREST IN A
BUILDING.
4. "MAJOR DECISION" MEANS ANY ACTUAL OR PROJECTED SALE, TRANSFER, OR
CONVERSION OF A PROPERTY, ANY PROJECTED RENT INCREASE, AND ANY ACTUAL OR
PROJECTED SIGNIFICANT ALTERATION OF THE PREMISES OR SERVICES.
5. "RECORDS" MEANS DOCUMENTS AND OTHER MATERIALS CONTAINING INFORMA-
TION ABOUT A LANDLORD'S OPERATIONS. RECORDS INCLUDE, BUT ARE NOT LIMITED
TO, DOCUMENTS AND OTHER MATERIALS DISCUSSING A LANDLORD'S RENT ROLLS,
PROPERTIES OWNED, NAMES OF INDIVIDUAL PRINCIPALS, OPERATING INCOME AND
EXPENSES, DEBT SERVICE AND LOAN TERMS, AND ASSESSED AND OUTSTANDING
TAXES, PENALTIES, FINES AND FEES, TENANT COMPLAINTS, TENANT COMMUNI-
CATIONS, AND COMMUNICATIONS AND INTERACTIONS WITH TENANTS.
6. "SUBJECT PREMISES" MEANS ANY BUILDING, STRUCTURE, OR PART THEREOF,
OR LAND APPURTENANT THERETO, OR ANY OTHER REAL OR PERSONAL PROPERTY
RENTED OR OFFERED FOR RENT FOR LIVING OR DWELLING PURPOSES OR USED AS A
SLEEPING SPACE FOR ONE OR MORE PERSONS. SUBJECT PREMISES INCLUDES, BUT
IS NOT LIMITED TO, HOUSES, APARTMENTS, HOTELS, ROOMING OR BOARDING HOUSE
ACCOMMODATIONS, VEHICLES, MOBILE HOMES, TRAILERS, TRAILER PARKS, TENTS,
AND ANY OTHER PROPERTIES SO USED. STATUS AS A SUBJECT PREMISES PURSUANT
TO THIS ARTICLE SHALL NOT DEPEND ON SIZE, LEGAL STATUS, COMPLIANCE WITH
LOCAL, STATE, OR FEDERAL LAW, NUMBER OF UNITS, OR THE FORM OR FORMALITY
OF THE LEASE, BUT RATHER ON THE PARTIES' ENTERING INTO THE TENANCY
AGREEMENT WITH THE INTENT THAT THE TENANT SHALL RESIDE WITHIN THE DWELL-
ING IN EXCHANGE FOR ANY FORM OF CONSIDERATION.
7. "TENANT" MEANS A PERSON OCCUPYING OR ENTITLED TO OCCUPY A SUBJECT
PREMISES WHO IS EITHER A PARTY TO THE LEASE OR RENTAL AGREEMENT FOR SUCH
PREMISES OR IS A STATUTORY TENANT PURSUANT TO THE EMERGENCY HOUSING RENT
CONTROL LAW, OR THE CITY RENT AND REHABILITATION LAW, OR ARTICLE SEVEN-C
OF THE MULTIPLE DWELLING LAW.
8. "TENANT BARGAINING REPRESENTATIVE" MEANS AN INDIVIDUAL, AGENCY,
COMMITTEE OR ORGANIZATION THAT EXISTS FOR THE PURPOSE, IN WHOLE OR IN
PART, OF REPRESENTING TENANTS IN DEALING OR NEGOTIATING WITH LANDLORDS
OVER THE TERMS AND CONDITIONS OF THEIR RESIDENTIAL LIVES. A TENANT
BARGAINING REPRESENTATIVE MAY, BUT NEED NOT, BE A MEMBER OF A TENANT
UNION AND MAY, BUT NEED NOT, RESIDE IN THE SUBJECT PREMISES. TENANT
BARGAINING REPRESENTATIVES SHALL BE REGISTERED WITH THE STATEWIDE TENANT
ASSOCIATION.
9. "TENANT ORGANIZATION" MEANS ANY ORGANIZATION THAT EXISTS, IN WHOLE
OR IN PART, TO EDUCATE, ORGANIZE, SERVE OR OTHERWISE SUPPORT TENANTS IN
ORDER TO SECURE SAFE, HEALTHY AND AFFORDABLE HOUSING IN THE STATE.
10. "TENANT UNION" MEANS ANY ORGANIZATION OF TENANTS THAT REPRESENTS A
MAJORITY OF OCCUPIED UNITS IN A SUBJECT PREMISES, AND WHICH EXISTS FOR
THE PURPOSE, IN WHOLE OR IN PART, OF DEALING WITH LANDLORDS CONCERNING
ISSUES OF COMMON CONCERN, AS DEFINED IN THIS SECTION. A TENANT UNION
SHALL HAVE AND MAINTAIN A DEMOCRATIC CONSTITUTION OR BYLAWS REGISTERED
WITH THE STATEWIDE TENANT ASSOCIATION. A TENANT UNION SHALL ADMIT TO
MEMBERSHIP ON A NON-DISCRIMINATORY BASIS ANY TENANT OF SUCH SUBJECT
PREMISES WHO IS SINCERELY COMMITTED TO TENANTS' INTERESTS, NEEDS, AND
RIGHTS. NOTWITHSTANDING THE FOREGOING, TENANT UNIONS SHALL EXCLUDE FROM
MEMBERSHIP ANY INDIVIDUALS ACTING AS AN AGENT FOR, OR IN COORDINATION OR
COLLUSION WITH, ANY LANDLORD, RESIDENTIAL OWNER, DEVELOPER OR MANAGEMENT
S. 9912 3
COMPANY, AND NO TENANT UNION SHALL RECEIVE FUNDS OR ANYTHING OF VALUE
FROM SUCH SOURCES; PROVIDED, HOWEVER, THAT A TENANT UNION MAY ADMIT TO
MEMBERSHIP AND RECEIVE FINANCIAL OR OTHER SUPPORT FROM INDIVIDUALS OR
ENTITIES ACTING AS OWNERS, LANDLORDS, OR DEVELOPERS IN CONNECTION WITH
BONA FIDE EFFORTS TO ESTABLISH TENANT LED, NON-PROFIT, LOW-INCOME HOUS-
ING. TENANT UNIONS SHALL NOT ACT IN COORDINATION WITH OR AS AGENTS OF
THE LANDLORD. MEMBERSHIP IN A TENANT UNION SHALL BE CONSIDERED PARTIC-
IPATION IN THE ACTIVITIES OF A TENANT'S ORGANIZATION FOR ANTI-RETALIA-
TION PURPOSES PURSUANT TO SECTION TWO HUNDRED TWENTY-THREE-B OF THIS
CHAPTER.
11. "STATEWIDE TENANT ASSOCIATION" MEANS THE PUBLIC ENTITY ESTABLISHED
PURSUANT TO SECTION TWO HUNDRED THIRTY-NINE-K OF THIS ARTICLE THAT IS
COMPRISED OF TENANT UNIONS, INDIVIDUAL TENANTS, AND TENANT ORGANIZA-
TIONS, AND EXISTS FOR THE PURPOSE OF PROVIDING TECHNICAL AND MATERIAL
SUPPORT FOR TENANT ORGANIZING PURSUANT TO THIS ARTICLE.
§ 239-J. TENANT UNIONS AND TENANT BARGAINING REPRESENTATIVES; RECOGNI-
TION, ACTIVITIES, POWERS, AND MEMBER RIGHTS. 1. TENANTS OF A SUBJECT
PREMISES WITH TWO OR MORE UNITS MAY ESTABLISH A TENANT UNION BY FILING A
PETITION SIGNED BY TENANTS REPRESENTING A MAJORITY OF THE OCCUPIED UNITS
OF THE SUBJECT PREMISES WITH THE STATEWIDE TENANT ASSOCIATION AND THE
DEPARTMENT OF STATE.
(A) FOR PURPOSES OF THIS SECTION, A PETITION MAY CONSIST OF A SINGLE
DOCUMENT, A COLLECTION OF INDIVIDUAL WRITTEN STATEMENTS SIGNED BY
TENANTS, OR SOME COMBINATION OF INDIVIDUAL AND COLLECTIVE WRITTEN STATE-
MENTS.
(B) EACH PETITION SHALL INCLUDE A SWORN STATEMENT THAT THE TENANT
UNION IS NOT BEING CREATED IN COORDINATION WITH THE LANDLORD OF THE
SUBJECT PREMISES AND THAT THE TENANT UNION WILL NOT ACT AS AN AGENT OF
SUCH LANDLORD.
(C) A TENANT UNION SHALL MAINTAIN COPIES OF ALL PETITIONS AND FILE
SUCH PETITIONS WITH THE STATEWIDE TENANT ASSOCIATION AND THE DEPARTMENT
OF STATE. UPON FILING SUCH PETITIONS, A TENANT UNION SHALL BE DEEMED A
MEMBER OF THE STATEWIDE TENANT ASSOCIATION AND THE LANDLORD OF THE
SUBJECT PREMISES OF THE TENANT UNION SHALL BE REQUIRED TO MEET AND
CONFER WITH THE DESIGNATED REPRESENTATIVE OF THE TENANT UNION PURSUANT
TO SUBDIVISION THREE OF THIS SECTION.
2. WITHIN THIRTY DAYS OF FILING A PETITION WITH THE STATEWIDE TENANT
ASSOCIATION AND THE DEPARTMENT OF STATE PURSUANT TO SUBDIVISION ONE OF
THIS SECTION, A TENANT UNION SHALL BEGIN TO HOLD REGULAR MEETINGS OPEN
TO ALL RESIDENTS OF THE SUBJECT PREMISES.
3. LANDLORDS SHALL MEET AND CONFER IN GOOD FAITH WITH TENANT UNIONS
THAT FILE WITH THE STATEWIDE TENANT ASSOCIATION AND THE DEPARTMENT OF
STATE PURSUANT TO SUBDIVISION ONE OF THIS SECTION REGARDING ISSUES OF
COMMON CONCERN.
(A) UPON THE WRITTEN REQUEST OF A TENANT UNION, THE LANDLORD OF THE
SUBJECT PREMISES, OR A REPRESENTATIVE AUTHORIZED BY THE LANDLORD TO ACT
ON THE LANDLORD'S BEHALF, SHALL ATTEND AT LEAST ONE TENANT UNION MEETING
PER CALENDAR QUARTER; PROVIDED, HOWEVER, THAT A LANDLORD, OR THE LAND-
LORD'S AUTHORIZED REPRESENTATIVE, MAY ATTEND MEETINGS MORE FREQUENTLY AT
THE REQUEST OR UPON THE APPROVAL OF THE TENANT UNION.
(B) MEETINGS BETWEEN A TENANT UNION AND THE LANDLORD OF THE SUBJECT
PREMISES SHALL OCCUR AT A MUTUALLY CONVENIENT TIME AND PLACE. TO REQUEST
THAT A LANDLORD, OR THE LANDLORD'S AUTHORIZED REPRESENTATIVE, ATTEND A
MEETING, THE TENANT UNION SHALL SEND THE LANDLORD A WRITTEN REQUEST AT
LEAST FOURTEEN DAYS IN ADVANCE OF SUCH MEETING; PROVIDED, HOWEVER, THAT
IF THE TENANT UNION MEETS AT A REGULARLY SCHEDULED TIME AND PLACE, THEN
S. 9912 4
THE TENANT UNION MAY SEND THE LANDLORD A SINGLE STANDING REQUEST TO
ATTEND MEETINGS FOR THE DURATION OF THE CALENDAR YEAR.
(C) APART FROM MEETINGS BETWEEN A TENANT UNION AND THE LANDLORD OF THE
SUBJECT PREMISES PURSUANT TO THIS SUBDIVISION, LANDLORDS, RESIDENTIAL
OWNERS, DEVELOPERS OR MANAGEMENT COMPANIES, OR THEIR AGENTS, SHALL NOT
PARTICIPATE IN OR INFLUENCE THE ACTIVITIES OF A TENANT UNION, INCLUDING
BUT NOT LIMITED TO JOINING OR CAUSING OTHERS TO JOIN A TENANT UNION,
ATTENDING OR CAUSING OTHERS TO ATTEND MEETINGS OF A TENANT UNION, OR
GATHERING INFORMATION ABOUT INTERNAL TENANT UNION MATTERS AND DELIBER-
ATIONS.
4. LANDLORDS SHALL POST A NOTICE ADVISING TENANTS OF THEIR RIGHTS AND
THE LANDLORD'S OBLIGATIONS UNDER THIS ARTICLE. SUCH NOTICE SHALL BE
POSTED IN PUBLIC AREAS OF SUBJECT PREMISES THAT HAVE A TENANT UNION AND
SHALL INCLUDE CONTACT INFORMATION FOR THE STATEWIDE TENANT ASSOCIATION.
5. A TENANT OF A SUBJECT PREMISES THAT HAS A TENANT UNION MAY, AT ANY
TIME, BRING ANY ISSUE DIRECTLY TO THE LANDLORD OF THE SUBJECT PREMISES
SEPARATELY AND OUTSIDE OF THE TENANT UNION. A LANDLORD MAY NOT REFUSE TO
MEET AND CONFER WITH A TENANT INDIVIDUALLY DUE TO THE EXISTENCE OF A
TENANT UNION AT THE SUBJECT PREMISES OR THE TENANT'S MEMBERSHIP IN SUCH
A TENANT UNION. REFUSAL BY A LANDLORD OF A SUBJECT PREMISES TO MEET AND
CONFER WITH A TENANT FOR SUCH REASONS SHALL CONSTITUTE A BREACH OF THE
DUTY TO CONFER IN GOOD FAITH.
6. A TENANT UNION ESTABLISHED IN ACCORDANCE WITH THIS SECTION SHALL
REMAIN OPERATIVE SO LONG AS:
(A) EVERY FOUR YEARS FROM THE DATE OF THE INITIAL FILING WITH THE
STATEWIDE TENANT ASSOCIATION AND THE DEPARTMENT OF STATE, THE TENANT
UNION FILES A RECERTIFICATION WITH THE DEPARTMENT OF STATE STATING THAT
THE TENANT UNION CONTINUES TO REPRESENT A MAJORITY OF THE OCCUPIED UNITS
IN THE SUBJECT PREMISES; AND
(B) THE TENANT UNION HAS NOT BEEN DISSOLVED BY A FILING SIGNED BY A
MAJORITY OF THE TENANTS OF THE SUBJECT PREMISES; PROVIDED, HOWEVER, THAT
A FILING TO DISSOLVE A TENANT UNION SHALL INCLUDE A SWORN STATEMENT THAT
NONE OF THE TENANTS IS ACTING IN COORDINATION WITH OR AS AN AGENT OF THE
LANDLORD.
7. A TENANT UNION ESTABLISHED IN ACCORDANCE WITH THIS SECTION SHALL
HAVE THE FOLLOWING POWERS:
(A) TO ELECT AND CHANGE ITS OWN LEADERSHIP ON A PREDICTABLE SCHEDULE.
(B) TO WRITE ITS OWN DEMOCRATIC CONSTITUTION AND BYLAWS, PROVIDED THAT
SUCH CONSTITUTION AND BYLAWS ARE REGISTERED WITH THE STATEWIDE TENANT
ASSOCIATION. A TENANT UNION SHALL ADMIT TO MEMBERSHIP ON A NON-DISCRIMI-
NATORY BASIS ANY TENANT OF THE SUBJECT PREMISES WHO IS NOT ACTING IN
COORDINATION WITH OR AS AN AGENT OF THE LANDLORD OF THE SUBJECT PREM-
ISES. TENANT UNIONS SHALL EXCLUDE FROM MEMBERSHIP ANY INDIVIDUALS ACTING
AS AN AGENT FOR, OR IN COORDINATION OR COLLUSION WITH, ANY LANDLORD,
RESIDENTIAL OWNER, DEVELOPER OR MANAGEMENT COMPANY, AND NO TENANT UNION
SHALL RECEIVE FUNDS OR ANYTHING OF VALUE FROM SUCH SOURCES; PROVIDED,
HOWEVER, THAT A TENANT UNION MAY ADMIT TO MEMBERSHIP AND RECEIVE FINAN-
CIAL OR OTHER SUPPORT FROM INDIVIDUALS OR ENTITIES ACTING AS OWNERS,
LANDLORDS, OR DEVELOPERS IN CONNECTION WITH BONA FIDE EFFORTS TO ESTAB-
LISH TENANT LED, NON-PROFIT, LOW-INCOME HOUSING PROVIDED THAT SUCH
MEMBERSHIP IS APPROVED BY A MAJORITY OF MEMBERS OF THE TENANT UNION AND
THAT THE CONSTITUTION AND BYLAWS OF THE TENANT UNION ARE AMENDABLE BY A
VOTE OF ALL MEMBERS OF THE TENANT UNION IN WHICH THE THRESHOLD FOR
APPROVAL IS, AT MINIMUM, A MAJORITY VOTE AND, AT MAXIMUM, TWO-THIRDS OF
VOTING MEMBERS.
S. 9912 5
(C) TO COLLECT DUES FOR THE TENANTS THAT THE TENANT UNION REPRESENTS
TO FUND FURTHER DEVELOPMENT OF TENANT POWER.
(D) TO AFFILIATE WITH TENANT UNION LOCALS AND/OR AFFILIATE WITH TENANT
ORGANIZATIONS.
(E) TO COLLECT INFORMATION FROM LANDLORDS, INCLUDING, BUT NOT LIMITED
TO: (I) RENT ROLLS; (II) A LIST OF PROPERTIES OWNED; (III) NAMES OF
INDIVIDUAL PRINCIPALS; (IV) OPERATING INCOME AND EXPENSES; (V) DEBT
SERVICE AND LOAN TERMS; AND (VI) ASSESSED AND OUTSTANDING TAXES, PENAL-
TIES, FINES AND FEES.
(F) TO SELECT A TENANT BARGAINING REPRESENTATIVE TO MEET AND CONFER
WITH THE LANDLORD ON ISSUES OF COMMON CONCERN.
8. ANY MEMBER OF A TENANT UNION SHALL HAVE THE RIGHT:
(A) TO MEET AND ASSEMBLE FREELY WITH OTHER MEMBERS;
(B) TO EXPRESS ANY VIEWS, ARGUMENTS, OR OPINIONS;
(C) TO EXPRESS AT MEETINGS OF THE TENANT UNION THEIR VIEWS OF CANDI-
DATES IN AN ELECTION OF THE TENANT UNION OR UPON ANY BUSINESS PROPERLY
BEFORE THE MEETING, SUBJECT TO THE TENANT UNION'S ESTABLISHED AND
REASONABLE RULES PERTAINING TO THE CONDUCT OF MEETINGS: PROVIDED, HOWEV-
ER, THAT THIS SUBDIVISION SHALL NOT BE CONSTRUED TO IMPAIR THE RIGHT OF
A TENANT UNION TO ADOPT AND ENFORCE REASONABLE RULES AS TO THE RESPONSI-
BILITY OF EVERY MEMBER TOWARD THE TENANT UNION AND TO THEIR REFRAINING
FROM CONDUCT THAT WOULD INTERFERE WITH ITS PERFORMANCE OF ITS LEGAL OR
CONTRACTUAL OBLIGATIONS;
(D) TO ENJOY EQUAL RIGHTS AND PRIVILEGES WITHIN THE TENANT UNION TO
NOMINATE CANDIDATES, TO VOTE IN ELECTIONS OR REFERENDUMS OF THE TENANT
UNION, TO ATTEND MEMBERSHIP MEETINGS, AND TO PARTICIPATE IN THE DELIBER-
ATIONS AND VOTING UPON THE BUSINESS OF SUCH MEETINGS, SUBJECT TO REASON-
ABLE RULES AND REGULATIONS IN SUCH TENANT UNION'S CONSTITUTION AND
BYLAWS;
(E) TO PURSUE A PRIVATE RIGHT OF ACTION, EITHER IN COURT OR BEFORE AN
ADMINISTRATIVE AGENCY, TO: (I) ENFORCE APPLICABLE HOUSING CODE; (II)
MAKE ANY OTHER COGNIZABLE CLAIM AGAINST THE LANDLORD OF THE SUBJECT
PREMISES; OR (III) TO MAKE A COGNIZABLE CLAIM AGAINST THE TENANT UNION;
AND
(F) TO RECEIVE, UPON REQUEST, INFORMATION FROM THE LANDLORD OF THE
SUBJECT PREMISES RELEVANT TO GOOD-FAITH CONSULTATION ON ISSUES OF COMMON
CONCERN, INCLUDING, BUT NOT LIMITED TO: (I) RENT ROLLS; (II) OTHER PROP-
ERTIES OWNED BY THE LANDLORD; (III) NAMES OF INDIVIDUAL PRINCIPALS; (IV)
OPERATING INCOME AND EXPENSES; (V) DEBT SERVICE AND LOAN TERMS; AND (VI)
ASSESSED AND OUTSTANDING TAXES, PENALTIES, FINES, AND FEES.
9. THE LANDLORD OF SUBJECT PREMISES WHICH HAS A TENANT UNION SHALL
PROVIDE AT LEAST THREE MONTHS' ADVANCE NOTICE TO THE TENANT UNION OF ANY
MAJOR DECISION, AS DEFINED IN SECTION TWO HUNDRED THIRTY-NINE-I OF THIS
ARTICLE, AFFECTING TENANTS OF THE SUBJECT PREMISES. EXCEPT UNDER
EXTRAORDINARY CIRCUMSTANCES AND FOR CAUSE SHOWN, A COURT SHALL ISSUE AN
INJUNCTION TO ENJOIN A LANDLORD FROM EFFECTUATING ANY MAJOR DECISIONS
DURING THE THREE-MONTH ADVANCE NOTICE PERIOD. DURING SUCH THREE-MONTH
PERIOD, THE TENANT UNION OR THE LANDLORD MAY REQUEST TO MEET WITH THE
OTHER PARTY TO NEGOTIATE PROCEDURES AND TO CONSIDER ALTERNATIVES TO AND
EFFECTS OF THE MAJOR DECISION. NO TENANT SHALL BE EVICTED DUE TO A MAJOR
DECISION FOR A PERIOD OF AT LEAST SIX MONTHS FROM THE DATE NOTICE WAS
PROVIDED TO THE TENANT UNION PURSUANT TO THIS SUBDIVISION, EXCEPT UNDER
EXTRAORDINARY CIRCUMSTANCES.
10. ONCE A TENANT UNION HAS FILED WITH THE STATEWIDE TENANT ASSOCI-
ATION AND THE DEPARTMENT OF STATE PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, IT SHALL BE UNLAWFUL FOR A LANDLORD TO: (I) REFUSE TO CONFER IN
S. 9912 6
GOOD FAITH; (II) DO SO IN BAD FAITH OR IN A SURFACE MANNER INTENDED TO
OR EFFECTIVELY PREVENTING THE ABILITY TO CONFER IN GOOD FAITH; (III)
REFUSE TO PROVIDE INFORMATION AS REQUIRED PURSUANT TO THIS SECTION; OR
(IV) ENGAGE IN RETALIATORY OR DISCRIMINATORY BEHAVIOR AFFECTING THE
ABILITY OF ANY PARTY TO CONFER IN GOOD FAITH. THE STATEWIDE TENANT ASSO-
CIATION SHALL RECEIVE AND KEEP RECORDS OF COMPLAINTS OF VIOLATIONS OF
THIS SECTION.
11. WHENEVER A CHANGE OF OWNERSHIP OCCURS WITH RESPECT TO SUBJECT
PREMISES WHERE THERE IS A TENANT UNION, THE NEW OWNER SHALL ASSUME BY
OPERATION OF LAW ALL OF THE DUTIES, OBLIGATIONS, AND RESPONSIBILITIES OF
THE PRECEDING OWNER WITH REGARDS TO THE TENANT UNION, INCLUDING ANY
DUTIES, OBLIGATIONS, AND RESPONSIBILITIES CONTAINED IN AGREEMENTS
ENTERED INTO BY THE PRECEDING OWNER AFFECTING TENANTS OF THE SUBJECT
PREMISES.
12. ONCE A TENANT UNION HAS FILED WITH THE STATEWIDE TENANT ASSOCI-
ATION AND THE DEPARTMENT OF STATE PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, THE LANDLORD OF THE SUBJECT PREMISES OF THE TENANT UNION SHALL
NOTIFY THE TENANT UNION OF THE LANDLORD'S INTENT TO FILE A SUMMARY
EVICTION PROCEEDING AGAINST ANY TENANT OF THE SUBJECT PREMISES AT LEAST
TWENTY DAYS PRIOR TO THE COMMENCEMENT OF SUCH SUMMARY EVICTION PROCEED-
ING, UNLESS SUCH PROCEEDING IS BASED ON AN ALLEGATION OF NUISANCE.
13. ANY INDIVIDUAL OR ENTITY SERVING AS THE TENANT BARGAINING REPRE-
SENTATIVE FOR A TENANT UNION WHO IS NOT A MEMBER OF SUCH TENANT UNION
SHALL BE ENTITLED TO ALL OF THE RIGHTS PROVIDED IN SUBDIVISION EIGHT OF
THIS SECTION.
§ 239-K. STATEWIDE TENANT ASSOCIATION. 1. THERE IS HEREBY ESTABLISHED
A STATEWIDE TENANT ASSOCIATION WHICH SHALL BE COMPRISED OF INDIVIDUAL
TENANTS, TENANT UNIONS, AND TENANT ORGANIZATIONS IN THE STATE.
2. THE STATEWIDE TENANT ASSOCIATION SHALL CONFER MEMBERSHIP UPON ANY
TENANT UNION THAT HAS BEEN ESTABLISHED IN ACCORDANCE WITH SUBDIVISION
ONE OF SECTION TWO HUNDRED THIRTY-NINE-J OF THIS ARTICLE AND UPON EVERY
RESIDENTIAL TENANT IN THE STATE, UNLESS SUCH TENANT DECLINES MEMBERSHIP
BY FILING A REQUEST TO DECLINE MEMBERSHIP WITH THE STATEWIDE TENANT
ASSOCIATION.
3. THE STATEWIDE TENANT ASSOCIATION SHALL BE GOVERNED BY A BOARD OF
DIRECTORS THAT SHALL CONSIST OF FIFTEEN MEMBERS, WHICH SHALL BE
GEOGRAPHICALLY DIVERSE, WITH NO FEWER THAN FIVE MEMBERS FROM OUTSIDE OF
NEW YORK CITY. MEMBERS OF THE BOARD SHALL BE APPOINTED AS FOLLOWS:
(A) FOUR MEMBERS SHALL BE INDIVIDUALS WHO ARE TENANT-MEMBERS OF TENANT
UNIONS, TWO OF WHOM SHALL BE APPOINTED BY THE GOVERNOR, ONE OF WHOM
SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, AND ONE OF WHOM SHALL
BE APPOINTED BY THE PRESIDENT OF THE SENATE;
(B) SIX MEMBERS SHALL BE INDIVIDUALS WHO ARE REPRESENTATIVES OF TENANT
ADVOCACY, ORGANIZING AND LEGAL SERVICES ORGANIZATIONS, THREE OF WHOM
SHALL BE APPOINTED BY THE GOVERNOR AND THREE OF WHOM SHALL BE APPOINTED
BY THE SPEAKER OF THE ASSEMBLY; PROVIDED, HOWEVER, THAT ONE OF WHOM
SHALL BE A REPRESENTATIVE OF A TENANT ADVOCACY ORGANIZATION, FOUR OF
WHOM SHALL BE REPRESENTATIVES OF TENANT ORGANIZATIONS, AND ONE OF WHOM
SHALL BE A REPRESENTATIVE OF A LEGAL SERVICES ORGANIZATION EXPERIENCED
WITH TENANT ISSUES; AND PROVIDED FURTHER THAT FIVE OF SUCH MEMBERS SHALL
BE REPRESENTATIVES OF ORGANIZATIONS THAT HAVE AN ANNUAL BUDGET OF NO
LESS THAN ONE MILLION DOLLARS AND MEMBERSHIP BASES OF NO FEWER THAN FIVE
THOUSAND MEMBERS AND ONE OF SUCH MEMBERS SHALL REPRESENT AN ORGANIZATION
WITH A BUDGET OF LESS THAN ONE MILLION DOLLARS AND WITH A MEMBERSHIP
BASE OF NO FEWER THAN ONE THOUSAND MEMBERS;
S. 9912 7
(C) TWO MEMBERS SHALL BE INDIVIDUALS WITH AT LEAST FIVE YEARS' EXPERI-
ENCE AS A POLICY SPECIALIST WITH A FOCUS ON PROMOTING AND PROTECTING THE
INTERESTS OF LOW-INCOME TENANTS, BOTH OF WHOM SHALL BE APPOINTED BY THE
TEMPORARY PRESIDENT OF THE SENATE;
(D) ONE MEMBER SHALL BE AN INDIVIDUAL WITH AT LEAST FIVE YEARS' EXPE-
RIENCE AS A TENANTS' RIGHTS ATTORNEY AND SHALL HAVE AT LEAST TWO YEARS'
EXPERIENCE WORKING IN PARTNERSHIP WITH HOUSING RIGHTS ORGANIZERS, WHO
SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
(E) ONE MEMBER SHALL BE AN INDIVIDUAL WITH AT LEAST FIVE YEARS' EXPE-
RIENCE AS AN UNHOUSED PEOPLE'S ORGANIZER OR ADVOCATE WITH AT LEAST TWO
YEARS' EXPERIENCE WORKING ON STATE AND/OR FEDERAL HOUSING ISSUES, WHO
SHALL BE APPOINTED BY THE GOVERNOR; AND
(F) ONE MEMBER SHALL BE AN INDIVIDUAL WITH AT LEAST FIVE YEARS' EXPE-
RIENCE AS A REPRESENTATIVE OF A PUBLIC SECTOR LABOR OR SERVICE UNION,
WHO SHALL BE APPOINTED BY THE GOVERNOR.
4. MEMBERS OF THE BOARD OF DIRECTORS SHALL CONTINUE AS MEMBERS OF THE
BOARD UNTIL THEIR SUCCESSORS ARE APPOINTED AND HAVE QUALIFIED. OF THE
MEMBERS OF THE BOARD OF DIRECTORS, THE SEVEN MEMBERS APPOINTED BY THE
GOVERNOR SHALL SERVE INITIAL TERMS OF FOUR YEARS, WHILE THE REMAINING
MEMBERS SHALL SERVE INITIAL TERMS OF THREE YEARS.
5. VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR ORIGINAL
APPOINTMENTS. MEMBERS SHALL NOT BE REMOVED DURING THEIR TERM WITHOUT
WRITTEN CHARGES AND THE OPPORTUNITY TO BE HEARD.
6. THE MEMBERS OF THE BOARD SHALL DESIGNATE A CHAIR FROM AMONG SUCH
MEMBERS. THE CHAIR SHALL PRESIDE OVER MEETINGS OF THE BOARD AND SHALL
SERVE AS THE PRIMARY LIAISON BETWEEN THE BOARD AND THE REST OF THE
MEMBERS. A VICE-CHAIR MAY BE ELECTED BY THE BOARD FROM AMONG ITS OTHER
MEMBERS TO SERVE AS SUCH AT THE PLEASURE OF THE BOARD. THE VICE-CHAIR
SHALL PRESIDE OVER ALL MEETINGS OF THE BOARD IN THE ABSENCE OF THE CHAIR
AND SHALL HAVE SUCH OTHER DUTIES AS THE STATEWIDE TENANT ASSOCIATION MAY
PRESCRIBE.
7. THE MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES BUT SHALL BE REIMBURSED FOR THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES.
8. THE BOARD OF DIRECTORS OF THE STATEWIDE TENANT ASSOCIATION SHALL
HAVE THE POWER TO:
(A) ESTABLISH BYLAWS FOR THE MANAGEMENT AND REGULATION OF ITS AFFAIRS
AND TO ENFORCE THE TERMS OF SUCH BYLAWS WITH RESPECT TO ITS MEMBERS;
(B) APPOINT OFFICERS, AGENTS AND EMPLOYEES AND FIX THEIR COMPENSATION,
TO THE PROVISIONS OF THE CIVIL SERVICE LAW; AND
(C) PRIORITIZE AND DIRECT ALL RESOURCES BUDGETED TOWARD THE FULFILL-
MENT OF ITS RESPONSIBILITIES UNDER THIS ARTICLE.
9. THE STATEWIDE TENANT ASSOCIATION SHALL HAVE THE FOLLOWING POWERS
AND DUTIES:
(A) TO SUPPORT MEMBER TENANTS IN ORGANIZING BUILDING TENANT UNIONS AND
ACHIEVING RECOGNITION FOR SUCH TENANT UNIONS;
(B) TO SUPPORT MEMBER TENANT UNIONS IN ORGANIZING NEW BUILDINGS;
(C) TO SUPPORT MEMBER TENANTS IN CLAIMING OR ENFORCING ANY RIGHT OR
PROTECTION OFFERED UNDER STATE LAW PERTAINING TO LANDLORD-TENANT
RELATIONS;
(D) TO MAINTAIN MEMBERSHIP RECORDS AND RECORDS RELATED TO LANDLORD
DISCLOSURES;
(E) TO PROVIDE TECHNICAL ASSISTANCE TO TENANT UNIONS AND TENANT ORGAN-
IZATIONS THROUGHOUT THE STATE;
(F) TO OFFER ADVICE TO MEMBERS;
S. 9912 8
(G) TO COLLECT INFORMATION AND RECORDS FROM LANDLORDS AND ORGANIZA-
TIONS REPRESENTING LANDLORDS, INCLUDING BUT NOT LIMITED TO INFORMATION
REQUIRED FOR DISCLOSURE PURSUANT TO SUBDIVISIONS SEVEN AND EIGHT OF
SECTION TWO HUNDRED THIRTY-NINE-J OF THIS ARTICLE, INCLUDING BUT NOT
LIMITED TO RENT ROLLS, PROPERTIES OWNED, NAMES OF INDIVIDUAL PRINCIPALS,
OPERATING INCOME AND EXPENSES, DEBT SERVICE AND LOAN TERMS AND ASSESSED
AND OUTSTANDING TAXES, PENALTIES, FINES AND FEES;
(H) TO COLLECT INFORMATION FROM TENANTS AND TENANT UNIONS;
(I) TO DISSEMINATE RESEARCH AND ANALYSIS TO MEMBERS;
(J) TO CONVENE PUBLIC HEARINGS, ALONE OR IN PARTNERSHIP WITH STATE OR
LOCAL ENTITIES;
(K) TO ISSUE REPORTS, ANALYSES AND OTHER DOCUMENTS TO INFORM THE
PUBLIC DISCOURSE;
(L) TO APPOINT OFFICERS, AGENTS AND EMPLOYEES AND FIX THEIR COMPEN-
SATION, SUBJECT TO THE PROVISIONS OF THE CIVIL SERVICE LAW;
(M) TO RECOMMEND CHANGES TO LAW, INCLUDING DRAFTING PROPOSED LANGUAGE;
(N) TO ADVISE RELEVANT STATE AND LOCAL AGENCIES; AND
(O) TO ALLOCATE FUNDING FROM THE STATEWIDE TENANT ASSOCIATION FUND
ESTABLISHED PURSUANT TO SECTION NINETY-NINE-UU OF THE STATE FINANCE LAW.
§ 239-L. RELATIONSHIP TO REAL PROPERTY ACTIONS AND PROCEEDINGS LAW. 1.
EVERY PETITION FILED PURSUANT TO SECTION SEVEN HUNDRED FORTY-ONE OF THE
REAL PROPERTY ACTIONS AND PROCEEDINGS LAW SHALL STATE THAT, AT THE TIME
OF COMMENCEMENT OF THE SPECIAL PROCEEDINGS, EITHER:
(A) NO TENANT UNION RECOGNIZED UNDER SECTION TWO HUNDRED THIRTY-NINE-J
OF THIS ARTICLE EXISTS AT THE SUBJECT PREMISES; OR
(B) THERE IS A TENANT UNION AT THE SUBJECT PREMISES AND THE LANDLORD
HAS MET AND CONFERRED WITH SUCH TENANT UNION AS REQUIRED BY SUBDIVISION
THREE OF SECTION TWO HUNDRED THIRTY-NINE-J OF THIS ARTICLE.
2. EVERY PETITION FILED PURSUANT TO SECTION SEVEN HUNDRED FORTY-ONE OF
THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW IN A SUBJECT PREMISES
WHERE THERE EXISTS A TENANT UNION SHALL STATE THAT PRIOR TO COMMENCEMENT
OF THE SPECIAL PROCEEDING, THE LANDLORD HAS NOTIFIED THE TENANT UNION
AND THE STATEWIDE TENANT ASSOCIATION OF THE PROCEEDING IN ACCORDANCE
WITH SECTION TWO HUNDRED THIRTY-NINE-J OF THIS ARTICLE.
§ 239-M. ENFORCEMENT. 1. WHERE A TENANT UNION ESTABLISHED PURSUANT TO
SECTION TWO HUNDRED THIRTY-NINE-J OF THIS ARTICLE EXISTS AT THE SUBJECT
PREMISES, THE FAILURE OF THE LANDLORD TO COMPLY WITH SUBDIVISION THREE
OF SECTION TWO HUNDRED THIRTY-NINE-J OF THIS ARTICLE SHALL BE DEEMED TO
SUBSTANTIALLY INTERFERE WITH THE COMFORT, REPOSE, PEACE, AND QUIET OF
THE MEMBERS OF THE TENANT UNION, AND MAY SERVE AS THE BASIS FOR A LEGAL
CLAIM BY THE TENANT UNION OR BY INDIVIDUAL MEMBERS OF THE TENANT UNION.
2. A TENANT UNION ESTABLISHED PURSUANT TO SECTION TWO HUNDRED THIRTY-
NINE-J OF THIS ARTICLE OR INDIVIDUAL MEMBERS OF SUCH A TENANT UNION MAY
BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION, INCLUDING BUT NOT
LIMITED TO HOUSING COURT, AGAINST THE LANDLORD OR LESSOR OF THE SUBJECT
PREMISES TO COMPEL COMPLIANCE WITH SUBDIVISION THREE OF SECTION TWO
HUNDRED THIRTY-NINE-J OF THIS ARTICLE AND TO RECOVER DAMAGES SUFFERED BY
REASON OF NONCOMPLIANCE. IN ANY ACTION BROUGHT UNDER THIS SECTION, THE
COURT MAY AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
3. DAMAGES FOR LANDLORDS' NONCOMPLIANCE WITH SECTION TWO HUNDRED THIR-
TY-NINE-J OF THIS ARTICLE MAY BE AWARDED IN THE FORM OF A RENT ABATEMENT
IN A PROCEEDING AGAINST A TENANT OR IN A CLAIM BROUGHT BY A TENANT UNION
OR INDIVIDUAL MEMBERS THEREOF.
4. A TENANT'S INDIVIDUAL CLAIM UNDER THIS SECTION SHALL SURVIVE
DISSOLUTION OF THE TENANT UNION AT THE SUBJECT PREMISES.
S. 9912 9
5. NOTHING IN THIS ARTICLE SHALL SERVE TO LIMIT THE ABILITY OF TENANTS
AS INDIVIDUALS OR AS MEMBERS OF A TENANT UNION OR OTHER TENANT ORGANIZA-
TION TO WITHHOLD RENT, SEEK REPAIRS, OR EXERCISE ANY OTHER LEGAL RIGHT
AVAILABLE TO THEM UNDER EXISTING LAWS.
6. UPON A FINDING BY A COURT OF COMPETENT JURISDICTION THAT A LANDLORD
HAS INTERFERED WITH TENANTS' RIGHT TO ORGANIZE PURSUANT TO THIS ARTICLE
OR FAILED TO COMPLY WITH SUBDIVISION THREE OF SECTION TWO HUNDRED THIR-
TY-NINE-J OF THIS ARTICLE, SUCH LANDLORD SHALL BE BARRED FROM INCREASING
THE RENT AT THE SUBJECT PREMISES FROM THE DATE OF THE OCCURRENCE OF THE
VIOLATION. SUCH BAR SHALL REMAIN IN EFFECT UNTIL THE LANDLORD ADEQUATELY
PROVIDES THE TENANTS WITH THE OPPORTUNITY TO ESTABLISH A RECOGNIZED
TENANT UNION AND/OR TO MEET AND CONFER IN ACCORDANCE WITH THE REQUIRE-
MENTS OF SECTION TWO HUNDRED THIRTY-NINE-J OF THIS ARTICLE.
§ 2. The state finance law is amended by adding a new section 99-uu to
read as follows:
§ 99-UU. STATEWIDE TENANT ASSOCIATION FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE
AND THE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE "STATEWIDE TENANT
ASSOCIATION FUND".
2. SUCH FUND SHALL CONSIST OF REVENUES RECEIVED PURSUANT TO THE
PROVISIONS OF ARTICLE SEVEN-B OF THE REAL PROPERTY LAW AND ALL OTHER
MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE
PURSUANT TO LAW. NOTHING IN THIS SECTION SHALL PREVENT THE STATE FROM
RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE FUND AS
DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO
LAW. ANY INTEREST EARNED BY THE INVESTMENT OF MONEYS IN THE STATEWIDE
TENANT ASSOCIATION SHALL BE ADDED TO SUCH FUND, BECOME PART OF SUCH
FUND, AND BE USED FOR THE PURPOSES OF SUCH FUND.
3. MONEY ALLOCATED TO THE STATEWIDE TENANT ASSOCIATION FUND SHALL BE
KEPT SEPARATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER FUNDS IN THE
CUSTODY OF THE STATE COMPTROLLER.
4. ALL MONEYS DEPOSITED IN THE STATEWIDE TENANT ASSOCIATION FUND SHALL
BE MADE AVAILABLE FOR USE BY THE STATEWIDE TENANT ASSOCIATION FOR THE
PURPOSES OF CARRYING OUT THE POWERS AND DUTIES OF THE STATEWIDE TENANT
ASSOCIATION PURSUANT TO SECTION TWO HUNDRED THIRTY-NINE-K OF THE REAL
PROPERTY LAW, INCLUDING SUPPORTING TENANT ORGANIZING IN ORDER TO PROMOTE
INCREASED ACCESS TO HEALTHY, SAFE AND AFFORDABLE HOUSING FOR RESIDENTS
OF THE STATE.
5. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE CHAIR OF THE
STATEWIDE TENANT ASSOCIATION SHALL PROVIDE A WRITTEN REPORT TO THE
TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE
SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE, THE STATE COMPTROLLER AND THE PUBLIC. SUCH REPORT SHALL
INCLUDE HOW THE MONEYS OF THE STATEWIDE TENANT ASSOCIATION FUND WERE
UTILIZED DURING THE PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
(A) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE PURPOSES OF
SUCH DISBURSEMENTS;
(B) RECIPIENTS OF AWARDS FROM THE FUND;
(C) THE AMOUNT AWARDED TO EACH RECIPIENT;
(D) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
(E) A SUMMARY FINANCIAL PLAN FOR SUCH MONEYS WHICH SHALL INCLUDE ESTI-
MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL
YEAR.
6. ON OR BEFORE THE FIRST DAY OF FEBRUARY OF EACH CALENDAR YEAR, THE
COMPTROLLER SHALL CERTIFY TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
S. 9912 10
THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE FINANCE
COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE
AMOUNT OF MONEY DEPOSITED IN THE STATEWIDE TENANT ASSOCIATION FUND
DURING THE PRECEDING CALENDAR YEAR AS THE RESULT OF REVENUE DERIVED
PURSUANT TO ARTICLE SEVEN-B OF THE REAL PROPERTY LAW, AND FROM ALL
GRANTS, GIFTS AND BEQUESTS.
7. MONEYS SHALL BE PAYABLE FROM THE STATEWIDE TENANT ASSOCIATION FUND
ON THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED AND
CERTIFIED BY THE CHAIR OF THE STATEWIDE TENANT ASSOCIATION.
§ 3. The sum of fifty million dollars ($50,000,000), or so much there-
of as may be necessary, is hereby appropriated to the division of hous-
ing and community renewal out of any moneys in the state treasury in the
general fund to the credit of the state purposes account, not otherwise
appropriated, and made immediately available, for the purpose of carry-
ing out the provisions of this act. Such moneys shall be payable on the
audit and warrant of the comptroller on vouchers certified or approved
by the commissioner of the division of housing and community renewal in
the manner prescribed by law.
§ 4. This act shall take effect on the sixtieth day after it shall
have become a law.