Bill Text: NY A06870 | 2015-2016 | General Assembly | Introduced


Bill Title: Requires the board of directors of residential cooperative corporations and not-for-profit corporations to provide members, stockholders, and delegates with changes to the by-laws in writing within ten days of adoption; requires notification to tenants of changes affecting occupancy or the rules of the building.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to housing [A06870 Detail]

Download: New_York-2015-A06870-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6870
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     April 8, 2015
                                      ___________
       Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
         Committee on Housing
       AN ACT to amend the cooperative corporations law and the  not-for-profit
         corporation  law,  in  relation to requiring the board of directors of
         residential cooperative corporations and  not-for-profit  corporations
         to  provide  members,  stockholders, and delegates with changes to the
         by-laws in writing within ten days of adoption; in relation to notifi-
         cation to tenants of changes affecting occupancy or the rules  of  the
         building
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 16 of the cooperative corporations law  is  amended
    2  to read as follows:
    3    S  16.  By-laws. 1. The by-laws may provide for their amendment by the
    4  board of directors; but any amendment adopted  by  the  board  shall  be
    5  reported  to  the annual meeting of the corporation and, if not affirma-
    6  tively approved thereat, shall cease to be in  effect.  By-laws  may  be
    7  adopted,  repealed  or  amended on the affirmative vote of two-thirds of
    8  the members, stockholders or delegates voting thereon at a meeting  held
    9  after  due  written  notice  setting  forth  the proposed action and the
   10  purpose of the meeting.
   11    2. IN  THE  CASE  OF  RESIDENTIAL  COOPERATIVE  CORPORATIONS,  CHANGES
   12  INCLUDING  THE ADOPTION, AMENDMENT OR REPEAL OF THE BY-LAWS BY THE BOARD
   13  OF DIRECTORS SHALL BE PROVIDED TO THE MEMBERS, STOCKHOLDERS, AND  DELEG-
   14  ATES OF SUCH CORPORATION IN WRITING WITHIN TEN DAYS OF SUCH ADOPTION.
   15    S  2.    The  cooperative  corporations law is amended by adding a new
   16  section 78 to read as follows:
   17    S 78. NOTIFICATION TO TENANTS. MEMBERS, STOCKHOLDERS AND DELEGATES WHO
   18  POSSESS UNITS IN A  RESIDENTIAL  COOPERATIVE  CORPORATION  SHALL  NOTIFY
   19  TENANTS  WITHIN  TEN  DAYS  OF  RECEIPT OF NOTIFICATION OF THE ADOPTION,
   20  AMENDMENT OR REPEAL OF THE BY-LAWS BY THE BOARD OF DIRECTORS PURSUANT TO
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06920-03-5
       A. 6870                             2
    1  SUBDIVISION TWO OF SECTION SIXTEEN OF THIS CHAPTER,  WHERE  SUCH  CHANGE
    2  WOULD HAVE A DIRECT EFFECT ON THE TENANT'S OCCUPANCY OR THE RULES OF THE
    3  BUILDING.
    4    S  3.  Section 602 of the not-for-profit corporation law is amended by
    5  adding a new paragraph (g) to read as follows:
    6    (G) IN THE CASE OF RESIDENTIAL  NOT-FOR-PROFIT  CORPORATIONS,  CHANGES
    7  INCLUDING  THE ADOPTION, AMENDMENT OR REPEAL OF THE BY-LAWS BY THE BOARD
    8  OF DIRECTORS SHALL BE PROVIDED TO THE MEMBERS, STOCKHOLDERS, AND  DELEG-
    9  ATES OF SUCH CORPORATION IN WRITING WITHIN TEN DAYS OF SUCH ADOPTION.
   10    S  4.  The  not-for-profit  corporation law is amended by adding a new
   11  section 624 to read as follows:
   12    S 624. NOTIFICATION TO TENANTS. MEMBERS,  STOCKHOLDERS  AND  DELEGATES
   13  WHO  POSSESS  UNITS  IN  A  RESIDENTIAL NOT-FOR-PROFIT CORPORATION SHALL
   14  NOTIFY TENANTS WITHIN  TEN  DAYS  OF  RECEIPT  OF  NOTIFICATION  OF  THE
   15  ADOPTION,  AMENDMENT  OR REPEAL OF THE BY-LAWS BY THE BOARD OF DIRECTORS
   16  PURSUANT TO PARAGRAPH (G) OF SECTION SIX HUNDRED TWO  OF  THIS  ARTICLE,
   17  WHERE  SUCH  CHANGE WOULD HAVE A DIRECT EFFECT ON THE TENANT'S OCCUPANCY
   18  OR THE RULES OF THE BUILDING.
   19    S 5. This act shall take effect on the sixtieth  day  after  it  shall
   20  have become a law.
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