Bill Text: NY S06348 | 2023-2024 | General Assembly | Amended


Bill Title: Enacts the "tenants organizing act"; allows tenants' groups, committees or other tenants' organizations to invite outside guests or visitors including elected officials, services providers, housing lawyers, etc. without being required to pay fees; defines "tenants' organization"; provides for activities that tenants' organizations can take part in; provides for the manner in how a tenants' organization is established.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-01-03 - REFERRED TO JUDICIARY [S06348 Detail]

Download: New_York-2023-S06348-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6348--B

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 17, 2023
                                       ___________

        Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
          printed to be committed to the Committee  on  Judiciary  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  committee  discharged,  bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the real property  law,  in  relation  to  enacting  the
          "tenants organizing act"

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "tenants organizing act".
     3    §  2. Section 230 of the real property law, as added by chapter 809 of
     4  the laws of 1975  and subdivision 2 as amended by chapter 90 of the laws
     5  of 1995, is amended to read as follows:
     6    § 230. Right of tenants to  form,  join  or  participate  in  tenants'
     7  groups.  1.  For the purposes of this section, the term "tenants' organ-
     8  ization" means a bona fide organization of  tenants  who  represent  the
     9  occupied  rental  units  in a rental housing property with five units or
    10  more, or a bona  fide  organization  working  to  achieve  such  status.
    11  Tenants' organizations may engage in the following activities, including
    12  but  not  limited  to: (a) initiating contact with tenants, including by
    13  conducting door-to-door  surveys,  to  ascertain  interest  in  or  seek
    14  support  for  forming  a  tenant organization; (b) joining or supporting
    15  another tenant organization; (c) distributing literature; (d) requesting
    16  or providing information; (e) offering assistance; (f)  convening  meet-
    17  ings,  which  may  occur  without  a landlord or landlord representative
    18  present; or (g) otherwise acting on behalf of one or more tenants in the
    19  building regarding issues of common interest or concern.
    20    2. No landlord shall interfere with the right of  a  tenant  to  form,
    21  join  or participate in the lawful activities of any group, committee or
    22  other organization formed to protect the rights of  tenants;  nor  shall

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10771-09-3

        S. 6348--B                          2

     1  any  landlord harass, punish, penalize, diminish, or withhold any right,
     2  benefit or privilege of a tenant under [his] their tenancy for  exercis-
     3  ing such right.
     4    [2.]  3.  Tenants'  groups, committees or other tenants' organizations
     5  shall have the right to meet without being required to pay a fee in  any
     6  location  on the premises including a community or social room where use
     7  is normally subject to a fee which is devoted to the common use  of  all
     8  tenants  in a peaceful manner, at reasonable hours and without obstruct-
     9  ing access to the premises or facilities. No landlord  shall  deny  such
    10  right.
    11    4.  Tenants'  groups, committees or other tenants' organizations shall
    12  have the right to invite outside guests or visitors, including  but  not
    13  limited to elected officials, service providers, and housing lawyers, to
    14  their  regular  meetings  without  being  required  to  pay a fee in any
    15  location on the premises including a community or social room where  use
    16  is  normally  subject to a fee which is devoted to the common use of all
    17  tenants in a peaceful manner, at reasonable hours and without  obstruct-
    18  ing  access  to  the premises or facilities. No landlord shall deny such
    19  right.
    20    5. No landlord or an agent of a landlord shall prohibit  or  interfere
    21  with  a  tenant  of a rental unit in a building, or a guest invited by a
    22  tenant, from engaging in lawful organizing activities.
    23    6. Tenants in a building may establish a bona fide tenants'  organiza-
    24  tion  pursuant  to this section by providing their landlord with a peti-
    25  tion signed by tenants representing occupied units within a building  or
    26  property  certifying  that such tenants desire to form a tenants' organ-
    27  ization. A copy of such petition may also be filed with the clerk of the
    28  governing municipality.
    29    7. Landlords and tenants' organizations shall confer with  each  other
    30  in  good  faith  regarding housing conditions, community life, landlord-
    31  tenant relations, and other issues of common interest or concern.  Exam-
    32  ples  of  conferring  in good faith may include maintaining a designated
    33  point of contact, engaging  in  regular  communications,  responding  to
    34  reasonable requests for information, allowing participation by non-resi-
    35  dent  advocates, and negotiating and putting agreements into writing. In
    36  addition, a landlord shall, on written request of a  tenants'  organiza-
    37  tion,  attend either themselves or through their representative at least
    38  one tenants'  organization  meeting  every  six  months,  although  more
    39  frequent attendance at the request of the tenants' organization shall be
    40  permitted.  Such  meetings shall occur at a mutually convenient time and
    41  place. To request that a landlord or their representative attend a meet-
    42  ing, the tenants' organization shall send the landlord a written request
    43  at least fourteen days in advance. Alternatively, if a  tenants'  organ-
    44  ization  meets  at  a  regularly  scheduled  time  and  place, then such
    45  tenants' organization may send the landlord a single standing request to
    46  attend meetings for the duration of the calendar year.
    47    § 3. This act shall take effect immediately.
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