A8243B-2011 Actions

• Jun 14, 2012: reported referred to rules
• Jun 5, 2012: reported referred to codes
• May 24, 2012: print number 8243a
• May 24, 2012: print number 8243b
• May 24, 2012: amend (t) and recommit to housing
• Jan 18, 2012: print number 8243a
• Jan 18, 2012: amend (t) and recommit to housing
• Jan 18, 2012: committed to housing
• Jan 4, 2012: ordered to third reading cal.285
• Jan 4, 2012: RETURNED TO ASSEMBLY
• Jan 4, 2012: DIED IN SENATE
• Jun 17, 2011: REFERRED TO RULES
• Jun 17, 2011: delivered to senate
• Jun 17, 2011: passed assembly
• Jun 16, 2011: ordered to third reading rules cal.349
• Jun 16, 2011: rules report cal.349
• Jun 16, 2011: reported
• Jun 15, 2011: reported referred to rules
• Jun 14, 2011: reported referred to codes
• Jun 8, 2011: referred to housing

A8243B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 8243--B
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 June 8, 2011
 
 Introduced  by  M.  of  A. CASTRO, JAFFEE, P. RIVERA, STEVENSON, GIBSON,
 CRESPO, COOK, LINARES, ROBERTS, WEPRIN -- Multi-Sponsored by -- M.  of
 A.  JACOBS, WRIGHT -- read once and referred to the Committee on Hous
 ing -- recommitted to the Committee  on  Housing  in  accordance  with
 Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
 reprinted  as  amended  and  recommitted  to  said  committee -- again
 reported from said committee with  amendments,  ordered  reprinted  as
 amended and recommitted to said committee
 

AN ACT to amend the real property law, in relation to prohibiting retal
 iation by landlords against legal occupants who operate certain family
 day care homes
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivisions 1, 2 and 4 of section 223-b of the real  prop
 erty  law, as amended by chapter 584 of the laws of 1991, are amended to
 read as follows:

 1. No landlord of premises or units to which this section is  applica
 ble  shall serve a notice to quit upon any tenant or commence any action
 to recover real property or summary proceeding to recover possession  of
 real property in retaliation for:

 a. A good faith complaint, by or in behalf of the tenant, to a govern
 mental  authority  of  the landlord's alleged violation of any health or
 safety law, regulation, code, or ordinance, or  any  law  or  regulation
 which  has as its objective the regulation of premises used for dwelling
 purposes or which pertains to the offense of rent gouging in the  third,
 second or first degree; or
 b.  Actions  taken  in  good  faith, by or in behalf of the tenant, to
 secure or enforce any rights under the lease or rental agreement,  under
 section  two  hundred  thirty-five-b of this chapter, or under any other
 law of the state of New York, or of its governmental subdivisions, or of
 the United States which has as its objective the regulation of  premises
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13013-06-2
 
       A. 8243--B                          2
 used  for  dwelling  purposes  or  which pertains to the offense of rent
 gouging in the third, second or first degree; or
 c.  The  tenant's participation in the activities of a tenant's organ
 ization; OR
 D. THE TENANT'S OR OTHER LEGAL OCCUPANT'S OPERATION OF A GROUP  FAMILY
 DAY  CARE HOME OR FAMILY DAY CARE HOME PURSUANT TO SECTION THREE HUNDRED
 NINETY OF THE SOCIAL SERVICES LAW.
 2. No landlord or premises or units to which this section is  applica
 ble  shall  substantially  alter the terms of the tenancy in retaliation
 for any actions set forth in paragraphs a, b, [and] c, AND D of subdivi
 sion one of this section. Substantial alteration shall include,  but  is
 not limited to, the refusal to continue a tenancy of the tenant or, upon
 expiration  of  the  tenant's  lease,  to renew the lease or offer a new
 lease; provided, however, that a landlord shall not  be  required  under
 this  section to offer a new lease or a lease renewal for a term greater
 than one year and after such extension of a tenancy for one  year  shall
 not be required to further extend or continue such tenancy.
 4.  In  any  action  to recover real property or summary proceeding to
 recover possession of real property, judgment shall be entered  for  the
 tenant if the court finds that the landlord is acting in retaliation for
 any  action  set forth in paragraphs a, b, [and] c, AND D of subdivision
 one of this section and further finds that the landlord would not other
 wise have commenced such action  or  proceeding.  Retaliation  shall  be
 asserted  as  an  affirmative  defense in such action or proceeding. The
 tenant shall not be relieved of the obligation to pay any rent for which
 he is otherwise liable.
 

S 2. This act shall take effect immediately.

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