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A10193 Summary:

BILL NOA10193A
 
SAME ASSAME AS S08708
 
SPONSORHunter
 
COSPNSRBarron
 
MLTSPNSR
 
Add 302-a, Mult Res L
 
Relates to unlawful occupation; provides that if any dwelling or structure be occupied in violation of section three hundred two of the multiple residence law, no rent shall be recovered by the owner of such premises for said period, and no action or special proceeding shall be maintained therefor, or for possession of said premises for nonpayment of such rent.
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A10193 Actions:

BILL NOA10193A
 
03/22/2018referred to housing
04/16/2018amend and recommit to housing
04/16/2018print number 10193a
04/24/2018reported referred to codes
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A10193 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10193A
 
SPONSOR: Hunter
  TITLE OF BILL: An act to amend the multiple residence law, in relation to unlawful occupation   PURPOSE OF THE BILL: This bill is intended to ensure dwellings are safe and habitable and designed to enforce critical life, health and safety standards.   SUMMARY OF SPECIFIC PROVISIONS: This bill creates an action against an owner of a building or landlord if the building does not have a valid certificate of occupancy. Section 1 prohibits the owner or landlord from collecting rent during the period of time in which there was no valid certificate of occupancy. Section 2 allows the department to require persons to vacate any dwell- ing deemed a nuisance as defined in multiple residence law section 305.   JUSTIFICATION: This bill would provide a more consistent statewide approach and estab- lish an effective mechanism that bars law-breaking landlords from collecting any rent during the period of time there is no certificate of occupancy. Certificate of occupancy is required before a building owner allows a tenant to move into a dwelling, subject to exceptions identified in Multiple Residence Law § 302(1). This requirement is codified by nearly identical language in Multiple Dwelling Law (applicable to cities having a population more than 350,000) and Multiple Residence Law (applicable to cities having a population of less than 350,000). Multiple Dwelling Law prohibits an owner from recovering rent for any period of time a dwelling is occupied in violation of § 301, however Multiple Residence Law does not have a similar provision.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: Immediate.
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A10193 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10193--A
 
                   IN ASSEMBLY
 
                                     March 22, 2018
                                       ___________
 
        Introduced by M. of A. HUNTER -- read once and referred to the Committee
          on Housing -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
 
        AN  ACT  to  amend  the  multiple residence law, in relation to unlawful
          occupation
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  multiple  residence  law  is amended by adding a new
     2  section 302-a to read as follows:
     3    § 302-a. Unlawful occupation. 1. If any dwelling or structure be occu-
     4  pied in whole or in part for human habitation in  violation  of  section
     5  three  hundred  two  of  this article, no rent shall be recovered by the
     6  owner of such premises  for  said  period,  and  no  action  or  special
     7  proceeding shall be maintained therefor, or for possession of said prem-
     8  ises for nonpayment of such rent.
     9    2.  The  department  charged  with the enforcement of this chapter may
    10  cause to be vacated any dwelling or any part thereof  which  contains  a
    11  nuisance as defined in section three hundred five of this article, or is
    12  occupied  by more families or persons than permitted in this chapter, or
    13  is erected, altered or occupied contrary to law. Any such dwelling shall
    14  not again be occupied until it or its occupancy, as the case may be, has
    15  been made to conform to law.
    16    § 2. This act shall take effect immediately.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14706-02-8
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