NY State Senate Bill 2015-S99

Senate Bill S99

2015-2016 Legislative Session

Provides for the appeal of disputes between shareholders and boards of directors of residential cooperative corporations to a hearing officer appointed by the attorney general

download bill text pdf

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to corporations, authorities and commissions
Jan 07, 2015	referred to corporations, authorities and commissions

2015-S99 (ACTIVE) - Details

See Assembly Version of this Bill:: A1426
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Cooperative Corporations Law
Laws Affected:: Add §78, Coop Corps L; amd §63, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7259
2013-2014: S4626, A5838
2017-2018: S637, A5472
2019-2020: S631, A4843
2021-2022: A5326
2023-2024: A2768

2015-S99 (ACTIVE) - Summary

Provides for the appeal of disputes between shareholders and boards of directors of residential cooperatives to a hearing officer appointed by the attorney general.

2015-S99 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S99

 TITLE OF BILL :  An act to amend the cooperative corporations law and
the executive law, in relation to providing for the resolution of
disputes between the board of directors of residential cooperative
corporations and a shareholder to be determined by a hearing officer
appointed by the attorney general

 PURPOSE :

To provide for the appeal of disputes between shareholders and boards
of directors of residential cooperative corporations to a neutral
hearing officer appointed by the attorney general.

 SUMMARY OF PROVISIONS :

Section 1 of the bill adds a new section 78 to the cooperative
corporations law to provide that a shareholder in a cooperative
corporation which owns residential real property may appeal any
decision by such corporation's board of directors to a hearing officer
appointed by the attorney general. This section further provides that
a hearing upon appeal shall be heard within sixty days, and that the
hearing officer shall provide each party an opportunity to be heard
and render final determination based on the evidence and testimony
presented at the hearing.

Section 2 amends executive law § 63 by adding a new subdivision 17 to
require that the Attorney General establish an appeals process for the
determination of disputes between shareholders and the boards of
directors of cooperative corporations.

Section 3 provides the effective date.

 JUSTIFICATION :

There have been numerous complaints by shareholders of cooperative
corporations recently in connection with unreasonable actions taken by
cooperative boards of directors. Presently, shareholders are bound by
the decision of the board without a right to appeal to a neutral
party. This bill would correct this situation by providing
shareholders with an opportunity to appeal a determination of the
board to a neutral hearing officer appointed by the attorney general.

 LEGISLATIVE HISTORY :

S.7259/2012

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately, except that section one of
this act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2015-S99 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   99

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN  ACT to amend the cooperative corporations law and the executive law,
  in relation to providing for the resolution of  disputes  between  the
  board  of  directors  of  residential  cooperative  corporations and a
  shareholder to be determined by a hearing  officer  appointed  by  the
  attorney general

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

  Section 1. The cooperative corporations law is amended by adding a new
section 78 to read as follows:
  S 78. DISPUTES TO BE HEARD BY ATTORNEY  GENERAL;  RESIDENTIAL  COOPER-
ATIVE. A SHAREHOLDER IN A COOPERATIVE CORPORATION WHICH OWNS RESIDENTIAL
REAL  PROPERTY  MAY  APPEAL  ANY DECISION BY SUCH CORPORATION'S BOARD OF
DIRECTORS TO A HEARING OFFICER APPOINTED BY THE ATTORNEY GENERAL  PURSU-
ANT  TO  SUBDIVISION  SEVENTEEN  OF SECTION SIXTY-THREE OF THE EXECUTIVE
LAW. A HEARING UPON SUCH APPEAL SHALL BE HEARD WITHIN SIXTY DAYS OF  THE
FILING  THEREOF  WITH THE DEPARTMENT OF LAW, WITH NOTICE TO THE BOARD OF
DIRECTORS. THE HEARING OFFICER SHALL PROVIDE EACH PARTY  AN  OPPORTUNITY
TO  BE  HEARD  AND  RENDER FINAL DETERMINATION BASED ON THE EVIDENCE AND
TESTIMONY PRESENTED AT THE HEARING.
  S 2. Section 63 of the executive law is amended by adding a new subdi-
vision 17 to read as follows:
  17. ESTABLISH AN APPEALS PROCESS FOR  THE  DETERMINATION  OF  DISPUTES
BETWEEN  SHAREHOLDERS  AND THE BOARDS OF DIRECTORS OF COOPERATIVE CORPO-
RATIONS PURSUANT TO SECTION  SEVENTY-EIGHT  OF  THE  COOPERATIVE  CORPO-
RATIONS LAW. THE ATTORNEY GENERAL SHALL APPOINT AND EMPOWER SUCH HEARING
OFFICERS AS SHALL BE NECESSARY TO HEAR AND DETERMINE SUCH APPEALS.
  S  3.  This act shall take effect immediately, except that section one
of this act shall take effect on the first of  January  next  succeeding
the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02519-01-5

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.