Excludes certain seasonal use tenancies from the provisions regulating deposits and advances for residential dwelling units; defines a seasonal use lease expressly provides that: the dwelling unit is registered as a seasonal use dwelling unit, indicating the local or county government agency with which it is registered; the occupancy of the tenant is only for seasonal use not to exceed one hundred twenty days or a shorter period provided for in the lease; and such tenant has a primary residence to return to, the address of which is expressly provided in the lease; makes related provisions.
STATE OF NEW YORK
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4587--A
2021-2022 Regular Sessions
IN ASSEMBLY
February 4, 2021
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Judiciary -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the general obligations law, in relation to excluding
certain seasonal use tenancies from the provisions regulating deposits
and advances for residential dwelling units
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 1-a of section 7-108 of the
2 general obligations law, as added by section 25 of part M of chapter 36
3 of the laws of 2019, is amended and two new subdivisions 4 and 5 are
4 added to read as follows:
5 (a) No deposit or advance shall exceed the amount of one month's rent
6 [under such contract] unless the deposit or advance is for a seasonal
7 use dwelling unit as provided for in subdivisions four and five of this
8 section.
9 4. A dwelling unit shall qualify as a seasonal use dwelling unit for
10 the purpose of paragraph (a) of subdivision one-a of this section if it
11 meets all of the following conditions:
12 (a) The lease expressly provides that: (i) the dwelling unit is regis-
13 tered as a seasonal use dwelling unit, indicating the local or county
14 government agency with which it is registered; (ii) the occupancy of the
15 tenant is only for seasonal use not to exceed one hundred twenty days or
16 a shorter period provided for in the lease; and (iii) such tenant has a
17 primary residence to return to, the address of which is expressly
18 provided in the lease.
19 (b) Such dwelling unit is registered with the appropriate local
20 government, county, or state registry as a seasonal use dwelling as
21 provided for in subdivision five of this section.
22 (c) Such dwelling unit is not rented as a seasonal use dwelling unit
23 for more than one hundred twenty days during each calendar year.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08958-04-1
A. 4587--A 2
1 5. In order for a dwelling unit to qualify as a seasonal use dwelling
2 unit for the purpose of paragraph (a) of subdivision one-a of this
3 section, the local government with jurisdiction for building adminis-
4 tration over such unit, the county in which such unit is located, or the
5 state shall have adopted a seasonal use dwelling unit registry and such
6 unit shall be registered by filing a copy of the seasonal use lease and
7 such additional information as the local government, county, or state
8 agency that administers such registry may require. Such local govern-
9 ment, county, or state agency shall revoke the seasonal use dwelling
10 unit registration of any dwelling unit that does not adhere to the
11 conditions provided for in subdivision four of this section.
12 § 2. This act shall take effect immediately.
