Bill Text: NY A02080 | 2009-2010 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides a one time fee of one hundred dollars for the registration of historic motor vehicles.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-01-13 - referred to transportation [A02080 Detail]

Download: New_York-2009-A02080-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2080
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2009
                                      ___________
       Introduced by M. of A. O'DONNELL, DINOWITZ, CLARK, ALFANO -- Multi-Spon-
         sored  by  -- M. of A.  BARRA, GLICK, PHEFFER, WRIGHT -- read once and
         referred to the Committee on Judiciary
       AN ACT to amend the  real  property  actions  and  proceedings  law,  in
         relation  to  enhancing  legal  protections  and  remedies for tenants
         against threats to health and safety
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 1 of section 770 of the real property actions
    2  and proceedings law, as amended by chapter 877 of the laws of  1982,  is
    3  amended to read as follows:
    4    1.  One-third  or  more of the tenants occupying a dwelling located in
    5  the city of New York or the commissioner of the department of  the  city
    6  of  New York charged with enforcement of the housing maintenance code of
    7  such city, or in the counties of Nassau, Suffolk, Rockland and Westches-
    8  ter may maintain a special proceeding as provided in this article,  upon
    9  the  ground that there exists in such dwellings or in any part thereof a
   10  lack of heat or of running water or of light or  of  electricity  or  of
   11  adequate  sewage  disposal facilities, or [any other condition dangerous
   12  to life, health or safety, which has existed for five days, or an infes-
   13  tation by rodents, or any combination of such conditions;]  AN  INFESTA-
   14  TION  OF  RODENTS  or  course  of  conduct by the owner or his agents of
   15  harassment, illegal eviction,  continued  deprivation  of  services  [or
   16  other  acts dangerous to life, health or safety]; OR ANY OTHER CONDITION
   17  DANGEROUS TO LIFE, HEALTH OR SAFETY WHICH HAS EXISTED FOR FIVE DAYS, AND
   18  THAT, EITHER IMMEDIATELY OR OVER AN EXTENDED PERIOD  OF  TIME,  POSES  A
   19  CREDIBLE  THREAT  OF  DISEASE,  INJURY  OR  DEATH,  SUCH THAT AN AVERAGE
   20  PERSON'S PROBABILITY OF INCURRING DISEASE, INJURY OR DEATH IS INCREASED.
   21  ANY COMBINATION  OF  SUCH  CONDITIONS  SIMILARLY  PROVIDES  GROUNDS  FOR
   22  SPECIAL PROCEEDING.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00045-01-9
       A. 2080                             2
    1    S  2.  Subdivision  c  of section 775 of the real property actions and
    2  proceedings law, as amended by chapter 877  of  the  laws  of  1982,  is
    3  amended and a new subdivision d is added to read as follows:
    4    c.  Any  tenant  or  resident of the dwelling has refused entry to the
    5  owner or his agent to a portion of  the  premises  for  the  purpose  of
    6  correcting such condition or conditions[.]; OR
    7    D. THE OWNER'S ACTIONS ARE NOT CREATING A CONDITION DANGEROUS TO LIFE,
    8  HEALTH, OR SAFETY. SUCH DEFENSE BY AN OWNER SHALL BE CORROBORATED BY THE
    9  TESTIMONY OF A RELIABLE PROFESSIONAL EXPERT IN THE MEDICAL OR SCIENTIFIC
   10  FIELD  THAT  THE  OWNER'S  ACTIONS  ARE  NOT  POSING  A  THREAT  TO SUCH
   11  PETITIONER'S HEALTH.
   12    S 3. The real property actions  and  proceedings  law  is  amended  by
   13  adding a new section 784 to read as follows:
   14    S  784. "CREDIBLE THREAT OF DISEASE" DEFINED. AS USED IN THIS ARTICLE,
   15  THE TERM "CREDIBLE THREAT OF DISEASE" SHALL INCLUDE, BUT NOT BE  LIMITED
   16  TO, PROLONGED EXPOSURE TO KNOWN OR SUSPECTED  CARCINOGENS, AS IDENTIFIED
   17  BY  THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND OTHER
   18  POTENTIALLY HARMFUL CARCINOGENS INCLUDING, BUT  NOT  LIMITED  TO,  RADI-
   19  ATION, MAGNETIC FIELDS, TOXIC SUBSTANCES AND HAZARDOUS MATERIALS.
   20    S 4. This act shall take effect immediately.