Bill Text: NY A01891 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to liability and related penalties for illegal conversion.

Spectrum: Moderate Partisan Bill (Democrat 13-2)

Status: (Introduced - Dead) 2018-04-10 - enacting clause stricken [A01891 Detail]

Download: New_York-2017-A01891-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         1891--B
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 13, 2017
                                       ___________
        Introduced  by  M.  of  A. HARRIS, HYNDMAN, BLAKE, M. G. MILLER, COLTON,
          HOOPER, D'URSO, SIMON, THIELE, JAFFEE, MONTESANO, ABBATE,  MALLIOTAKIS
          --  Multi-Sponsored  by  -- M. of A. COOK -- read once and referred to
          the Committee  on  Housing  --  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  multiple dwelling law and the limited liability
          company law, in  relation  to  liability  and  penalties  for  illegal
          conversion
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The multiple dwelling  law  is  amended  by  adding  a  new
     2  section 170-b to read as follows:
     3    §  170-b.  Illegal conversion. 1. For the purposes of this section, an
     4  illegal conversion shall mean any change  in  the  structural  parts  or
     5  existing  facilities  of any building of three units or less, including,
     6  but not limited to, the subdivision of rooms, or erection or  demolition
     7  of walls, or the moving of any building from one location or position to
     8  another, in violation of any state or local law, ordinance, code or rule
     9  or  regulation  relating  to real property, buildings or multiple dwell-
    10  ings.
    11    2. In the case of an illegal conversion authorized or undertaken by  a
    12  limited  liability  corporation, the attorney general may, in his or her
    13  discretion, apply to the supreme court of the county in which  the  real
    14  property that is subject of such illegal conversion lies, for judicially
    15  decreed dissolution pursuant to section seven hundred two of the limited
    16  liability company law.
    17    §  2.  Section  702 of the limited liability company law is amended to
    18  read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01554-05-7
        A. 1891--B                          2
     1    § 702. Judicial dissolution.  1. On application by or  for  a  member,
     2  the  supreme  court  in the judicial district in which the office of the
     3  limited liability company is located may decree dissolution of a limited
     4  liability company whenever it is not reasonably practicable to carry  on
     5  the  business in conformity with the articles of organization or operat-
     6  ing agreement. A certified copy of the order  of  dissolution  shall  be
     7  filed  by  the applicant with the department of state within thirty days
     8  of its issuance.
     9     2. On application by the attorney general, the supreme court  in  the
    10  judicial  district  in which the office of the limited liability company
    11  is located may decree dissolution of a limited liability company whenev-
    12  er such company is found to have violated the provisions of section  one
    13  hundred seventy-b of the multiple dwelling law.
    14    § 3. This act shall take effect immediately.