S477-2013 Actions

• Jan 9, 2013: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

S477-2013 Memo

BILL NUMBER:S477

TITLE OF BILL:
An act
to amend the real property actions and proceedings law, in relation
to evictions from multiple
dwellings

PURPOSE OR GENERAL IDEA:
Limits evictions in summary proceedings in certain cases where a
complaint is registered with a local rent office.

SUMMARY OF SPECIFIC PROVISIONS:
Adds a new section 770-a to the real property actions and proceedings
law.

JUSTIFICATION:
All too often, landlords seek to evict tenants that they consider
"troublemakers" simply because the tenant exercises his/her rights
under regulation laws. This legislation will protect these tenant
activists from such discrimination. Under this bill, if a complaint
is pending with a rent office, then the tenant cannot be evicted
without a full hearing in court or disposition of the complaint by
the rent office. If the court determines that the complaint was
frivolous, then the judge can waive the provisions of this section.

PRIOR LEGISLATIVE HISTORY:
This bill was previously introduced.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S477-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          477
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by Sen. STAVISKY -- 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 evictions from multiple dwellings
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.   The real property actions and proceedings law is amended
 by adding a new section 770-a to read as follows:

 

S 770-A.  EVICTIONS.  NOTWITHSTANDING THE PROVISIONS OF  ANY  GENERAL,
 SPECIAL  OR  LOCAL  LAW,  RULE,  REGULATION  OR CODE TO THE CONTRARY, NO
 TENANT OF A MULTIPLE DWELLING, COMPRISING SIX  OR  MORE  UNITS,  MAY  BE
 EVICTED  FOR  THE  NON-PAYMENT OF RENT FROM SUCH MULTIPLE DWELLING AFTER
 HAVING REGISTERED A COMPLAINT WITH A LOCAL RENT OFFICE UNTIL SUCH  LOCAL
 RENT  OFFICE  OR  COURT  HAS  DETERMINED  THAT SUCH COMPLAINT IS WITHOUT
 MERIT, THE GROUNDS FOR SUCH COMPLAINT NO LONGER EXIST,  OR  A  COURT  OF
 COMPETENT  JURISDICTION  HAS SPECIFICALLY DETERMINED THAT RENT SHOULD BE
 PAID NOTWITHSTANDING SUCH COMPLAINT, PROVIDED, HOWEVER,  THE  COURT  HAS
 THE  RIGHT  TO  ORDER  THE EVICTION OF SUCH TENANT, NOTWITHSTANDING THIS
 SECTION, IF THE COURT FINDS THE COMPLAINT WAS MADE FRIVOLOUSLY  OR  WITH
 THE INTENT TO DEFRAUD BY SUCH TENANT.
 

S 2.  This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03180-01-3

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