Bill S477-2013

Limits evictions in summary proceedings in certain cases where a complaint is registered with a local rent office

Prohibits evictions for non-payment of rent in summary proceedings where a tenant of a multiple dwelling with 6 or more units has registered a complaint with a local rent office unless the court or local rent office has found that such complaint was without merit or the grounds for the complaint no longer exist or the court finds that rent should have been paid notwithstanding such complaint; provides that court may order eviction if it finds the complaint was made frivolously or with intent to defraud.

Details

Actions

  • Jan 8, 2014: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • Jan 9, 2013: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 477 2013-2014 Regular Sessions IN 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.

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