Bill Text: NY A00939 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 939 (Prior Session Legislation)

Introduced

Bill Title: Relates to vacancies and illegal use and occupancy with regard to cooperative or condominium conversion plans; makes it unlawful to permit or maintain any illegal use or occupancy of a premises subject to a conversion plan.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2014-01-08 - referred to housing [A00939 Detail]

Download: New_York-2013-A00939-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          939
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. KELLNER, GOTTFRIED, MILLMAN, GLICK, ROSENTHAL --
         Multi-Sponsored by -- M.  of  A.  BRENNAN,  CLARK  --  read  once  and
         referred to the Committee on Housing
       AN  ACT  to amend the general business law, in relation to vacancies and
         illegal use and  occupancy  relating  to  cooperative  or  condominium
         conversion plans
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (e) of subdivision 2 of section 352-eeee  of  the
    2  general  business  law,  as added by chapter 555 of the laws of 1982, is
    3  amended to read as follows:
    4    (e) The attorney general finds that an excessive number  of  long-term
    5  vacancies did not exist on the date that the offering statement or pros-
    6  pectus  was  first  submitted  to  the  department of law OR AT ANY TIME
    7  BETWEEN THAT DATE AND THE ISSUANCE  OF  THE  LETTER  FROM  THE  ATTORNEY
    8  GENERAL  STATING  THAT  THE OFFERING STATEMENT OR PROSPECTUS REQUIRED IN
    9  SUBDIVISION ONE OF SECTION THREE HUNDRED FIFTY-TWO-E OF THIS ARTICLE HAS
   10  BEEN FILED.  "Long-term vacancies" shall mean dwelling units not  leased
   11  or  occupied by bona fide tenants for more than five months prior to the
   12  date of such submission to the department of law OR PRIOR  TO  ANY  TIME
   13  BETWEEN  THAT  DATE  AND THE ISSUANCE OF SUCH LETTER.  "Excessive" shall
   14  mean a vacancy rate in excess of the greater of (i) ten percent and (ii)
   15  a percentage that is double the normal  average  vacancy  rate  for  the
   16  building or group of buildings or development for two years prior to the
   17  January  preceding  the  date  the  offering statement or prospectus was
   18  first submitted to the department of law.
   19    S 2. Subdivision 4 of section 352-eeee of the general business law, as
   20  added by chapter 555 of the laws of 1982, is amended to read as follows:
   21    4. It shall be unlawful for any person to  engage  in  any  course  of
   22  conduct,  including,  but not limited to, interruption or discontinuance
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01809-01-3
       A. 939                              2
    1  of essential services, which substantially interferes with  or  disturbs
    2  the comfort, repose, peace or quiet of any tenant in his use or occupan-
    3  cy of his dwelling unit or the facilities related thereto, OR PERMITTING
    4  OR  MAINTAINING ANY ILLEGAL USE OR OCCUPANCY OF THE PREMISES. The attor-
    5  ney general may apply to a court of competent jurisdiction for an  order
    6  restraining  such  conduct  and,  if  he  deems it appropriate, an order
    7  restraining the owner from selling the shares allocated to the  dwelling
    8  unit  or  the  dwelling  unit itself or from proceeding with the plan of
    9  conversion; provided that nothing contained herein shall  be  deemed  to
   10  preclude the tenant from applying on his own behalf for similar relief.
   11    S  3. Severability.   If any provision of this act, or any application
   12  of any provision of this act, is held to  be  invalid,  that  shall  not
   13  affect the validity or effectiveness of any other provision of this act,
   14  or of any other application of any provision of this act.
   15    S  4.  This  act  shall take effect immediately and shall apply to any
   16  matter pending before the attorney general at or after the time this act
   17  becomes a  law;  provided,  however,  that  the  amendments  to  section
   18  352-eeee  of  the  general  business law made by sections one and two of
   19  this act shall not affect the  expiration  of  such  section  and  shall
   20  expire therewith.