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S09912 Summary:

BILL NOS09912
 
SAME ASSAME AS A10991
 
SPONSORSALAZAR
 
COSPNSR
 
MLTSPNSR
 
Add Art 7-B §§239-h - 239-m, RP L; add §99-uu, St Fin L
 
Establishes the tenant power act; authorizes the establishment of tenant unions and sets forth the powers and duties of such organizations; establishes the statewide tenant association; provides for the enforcement of such provisions; establishes the statewide tenant association fund; makes an appropriation therefor.
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S09912 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9912
 
                    IN SENATE
 
                                     April 14, 2026
                                       ___________
 
        Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance
 
        AN ACT to amend the real  property  law,  in  relation  to  establishing
          tenant  unions  and the statewide tenant association; and to amend the
          state finance law, in relation to establishing  the  statewide  tenant
          association fund; and making an appropriation therefor

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The real property law is amended by adding  a  new  article
     2  7-B to read as follows:
     3                                 ARTICLE 7-B
     4                              TENANT POWER ACT
     5  Section 239-h. Short title.
     6          239-i. Definitions.
     7          239-j. Tenant  unions  and  tenant  bargaining  representatives;
     8                   recognition, activities, powers, and member rights.
     9          239-k. Statewide tenant association.
    10          239-l. Relationship to real  property  actions  and  proceedings
    11                   law.
    12          239-m. Enforcement.
    13    §  239-h. Short title. This article shall be known and may be cited as
    14  the "tenant power act".
    15    § 239-i. Definitions. As used in this  article,  the  following  terms
    16  shall have the following meanings:
    17    1.  "Confer  in  good  faith"  means  to meet and discuss any issue of
    18  common concern. Conferring in good faith includes, but  is  not  limited
    19  to,  maintaining  a  designated  point  of  contact, engaging in regular
    20  communications,  responding  to  reasonable  requests  for  information,
    21  allowing  participation  by  non-resident advocates, and negotiating and
    22  putting agreements into writing.
    23    2. "Issues of common concern" are topics with respect to  which  land-
    24  lords  and  tenant  unions  shall confer in good faith. Issues of common
    25  concern include, but are not limited to, rent, security deposits,  lease
    26  terms  and duration, housing conditions, health issues, privacy matters,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15155-02-6

        S. 9912                             2
 
     1  community life, landlord-tenant relations, and other  issues  of  common
     2  interest or concern.
     3    3.  "Landlord"  means the owner, lessor, or sublessor of a residential
     4  building, with the exception of tenants who are also cooperative owners.
     5  Landlord includes, but is not limited  to,  individual  persons,  corpo-
     6  rations,  investor-owners,  and  owners  of  any  property interest in a
     7  building.
     8    4. "Major decision" means any actual or projected sale,  transfer,  or
     9  conversion of a property, any projected rent increase, and any actual or
    10  projected significant alteration of the premises or services.
    11    5.  "Records"  means documents and other materials containing informa-
    12  tion about a landlord's operations. Records include, but are not limited
    13  to, documents and other materials discussing a  landlord's  rent  rolls,
    14  properties  owned,  names of individual principals, operating income and
    15  expenses, debt service and loan  terms,  and  assessed  and  outstanding
    16  taxes,  penalties,  fines  and  fees, tenant complaints, tenant communi-
    17  cations, and communications and interactions with tenants.
    18    6. "Subject premises" means any building, structure, or part  thereof,
    19  or  land  appurtenant  thereto,  or  any other real or personal property
    20  rented or offered for rent for living or dwelling purposes or used as  a
    21  sleeping  space  for one or more persons. Subject premises includes, but
    22  is not limited to, houses, apartments, hotels, rooming or boarding house
    23  accommodations, vehicles, mobile homes, trailers, trailer parks,  tents,
    24  and  any other properties so used. Status as a subject premises pursuant
    25  to this article shall not depend on size, legal status, compliance  with
    26  local,  state, or federal law, number of units, or the form or formality
    27  of the lease, but rather on  the  parties'  entering  into  the  tenancy
    28  agreement with the intent that the tenant shall reside within the dwell-
    29  ing in exchange for any form of consideration.
    30    7.  "Tenant"  means a person occupying or entitled to occupy a subject
    31  premises who is either a party to the lease or rental agreement for such
    32  premises or is a statutory tenant pursuant to the emergency housing rent
    33  control law, or the city rent and rehabilitation law, or article seven-C
    34  of the multiple dwelling law.
    35    8. "Tenant bargaining representative"  means  an  individual,  agency,
    36  committee  or  organization  that exists for the purpose, in whole or in
    37  part, of representing tenants in dealing or negotiating  with  landlords
    38  over  the  terms  and  conditions  of  their residential lives. A tenant
    39  bargaining representative may, but need not, be a  member  of  a  tenant
    40  union  and  may,  but  need  not, reside in the subject premises. Tenant
    41  bargaining representatives shall be registered with the statewide tenant
    42  association.
    43    9. "Tenant organization" means any organization that exists, in  whole
    44  or  in part, to educate, organize, serve or otherwise support tenants in
    45  order to secure safe, healthy and affordable housing in the state.
    46    10. "Tenant union" means any organization of tenants that represents a
    47  majority of occupied units in a subject premises, and which  exists  for
    48  the  purpose,  in whole or in part, of dealing with landlords concerning
    49  issues of common concern, as defined in this  section.  A  tenant  union
    50  shall  have  and maintain a democratic constitution or bylaws registered
    51  with the statewide tenant association. A tenant  union  shall  admit  to
    52  membership  on  a  non-discriminatory  basis  any tenant of such subject
    53  premises who is sincerely committed to tenants'  interests,  needs,  and
    54  rights.  Notwithstanding the foregoing, tenant unions shall exclude from
    55  membership any individuals acting as an agent for, or in coordination or
    56  collusion with, any landlord, residential owner, developer or management

        S. 9912                             3

     1  company, and no tenant union shall receive funds or  anything  of  value
     2  from  such  sources; provided, however, that a tenant union may admit to
     3  membership and receive financial or other support  from  individuals  or
     4  entities  acting  as owners, landlords, or developers in connection with
     5  bona fide efforts to establish tenant led, non-profit, low-income  hous-
     6  ing.  Tenant  unions  shall not act in coordination with or as agents of
     7  the landlord. Membership in a tenant union shall be  considered  partic-
     8  ipation  in  the activities of a tenant's organization for anti-retalia-
     9  tion purposes pursuant to section two  hundred  twenty-three-b  of  this
    10  chapter.
    11    11. "Statewide tenant association" means the public entity established
    12  pursuant  to  section  two hundred thirty-nine-k of this article that is
    13  comprised of tenant unions, individual  tenants,  and  tenant  organiza-
    14  tions,  and  exists  for the purpose of providing technical and material
    15  support for tenant organizing pursuant to this article.
    16    § 239-j. Tenant unions and tenant bargaining representatives; recogni-
    17  tion, activities, powers, and member rights. 1.  Tenants  of  a  subject
    18  premises with two or more units may establish a tenant union by filing a
    19  petition signed by tenants representing a majority of the occupied units
    20  of  the  subject  premises with the statewide tenant association and the
    21  department of state.
    22    (a) For purposes of this section, a petition may consist of  a  single
    23  document,  a  collection  of  individual  written  statements  signed by
    24  tenants, or some combination of individual and collective written state-
    25  ments.
    26    (b) Each petition shall include a  sworn  statement  that  the  tenant
    27  union  is  not  being  created  in coordination with the landlord of the
    28  subject premises and that the tenant union will not act as an  agent  of
    29  such landlord.
    30    (c)  A  tenant  union  shall maintain copies of all petitions and file
    31  such petitions with the statewide tenant association and the  department
    32  of  state.  Upon filing such petitions, a tenant union shall be deemed a
    33  member of the statewide tenant  association  and  the  landlord  of  the
    34  subject  premises  of  the  tenant  union  shall be required to meet and
    35  confer with the designated representative of the tenant  union  pursuant
    36  to subdivision three of this section.
    37    2.  Within  thirty days of filing a petition with the statewide tenant
    38  association and the department of state pursuant to subdivision  one  of
    39  this  section,  a tenant union shall begin to hold regular meetings open
    40  to all residents of the subject premises.
    41    3. Landlords shall meet and confer in good faith  with  tenant  unions
    42  that  file  with  the statewide tenant association and the department of
    43  state pursuant to subdivision one of this section  regarding  issues  of
    44  common concern.
    45    (a)  Upon  the  written request of a tenant union, the landlord of the
    46  subject premises, or a representative authorized by the landlord to  act
    47  on the landlord's behalf, shall attend at least one tenant union meeting
    48  per  calendar  quarter; provided, however, that a landlord, or the land-
    49  lord's authorized representative, may attend meetings more frequently at
    50  the request or upon the approval of the tenant union.
    51    (b) Meetings between a tenant union and the landlord  of  the  subject
    52  premises shall occur at a mutually convenient time and place. To request
    53  that  a  landlord, or the landlord's authorized representative, attend a
    54  meeting, the tenant union shall send the landlord a written  request  at
    55  least  fourteen days in advance of such meeting; provided, however, that
    56  if the tenant union meets at a regularly scheduled time and place,  then

        S. 9912                             4
 
     1  the  tenant  union  may  send  the landlord a single standing request to
     2  attend meetings for the duration of the calendar year.
     3    (c) Apart from meetings between a tenant union and the landlord of the
     4  subject  premises  pursuant  to this subdivision, landlords, residential
     5  owners, developers or management companies, or their agents,  shall  not
     6  participate  in or influence the activities of a tenant union, including
     7  but not limited to joining or causing others to  join  a  tenant  union,
     8  attending  or  causing  others  to attend meetings of a tenant union, or
     9  gathering information about internal tenant union matters  and  deliber-
    10  ations.
    11    4.  Landlords shall post a notice advising tenants of their rights and
    12  the landlord's obligations under this  article.  Such  notice  shall  be
    13  posted  in public areas of subject premises that have a tenant union and
    14  shall include contact information for the statewide tenant association.
    15    5. A tenant of a subject premises that has a tenant union may, at  any
    16  time,  bring  any issue directly to the landlord of the subject premises
    17  separately and outside of the tenant union. A landlord may not refuse to
    18  meet and confer with a tenant individually due to  the  existence  of  a
    19  tenant  union at the subject premises or the tenant's membership in such
    20  a tenant union. Refusal by a landlord of a subject premises to meet  and
    21  confer  with  a tenant for such reasons shall constitute a breach of the
    22  duty to confer in good faith.
    23    6. A tenant union established in accordance with  this  section  shall
    24  remain operative so long as:
    25    (a)  Every  four  years  from  the date of the initial filing with the
    26  statewide tenant association and the department  of  state,  the  tenant
    27  union  files a recertification with the department of state stating that
    28  the tenant union continues to represent a majority of the occupied units
    29  in the subject premises; and
    30    (b) The tenant union has not been dissolved by a filing  signed  by  a
    31  majority of the tenants of the subject premises; provided, however, that
    32  a filing to dissolve a tenant union shall include a sworn statement that
    33  none of the tenants is acting in coordination with or as an agent of the
    34  landlord.
    35    7.  A  tenant  union established in accordance with this section shall
    36  have the following powers:
    37    (a) To elect and change its own leadership on a predictable schedule.
    38    (b) To write its own democratic constitution and bylaws, provided that
    39  such constitution and bylaws are registered with  the  statewide  tenant
    40  association. A tenant union shall admit to membership on a non-discrimi-
    41  natory  basis  any  tenant  of the subject premises who is not acting in
    42  coordination with or as an agent of the landlord of  the  subject  prem-
    43  ises. Tenant unions shall exclude from membership any individuals acting
    44  as  an  agent  for,  or in coordination or collusion with, any landlord,
    45  residential owner, developer or management company, and no tenant  union
    46  shall  receive  funds  or anything of value from such sources; provided,
    47  however, that a tenant union may admit to membership and receive  finan-
    48  cial  or  other  support  from individuals or entities acting as owners,
    49  landlords, or developers in connection with bona fide efforts to  estab-
    50  lish  tenant  led,  non-profit,  low-income  housing  provided that such
    51  membership is approved by a majority of members of the tenant union  and
    52  that  the constitution and bylaws of the tenant union are amendable by a
    53  vote of all members of the tenant  union  in  which  the  threshold  for
    54  approval  is, at minimum, a majority vote and, at maximum, two-thirds of
    55  voting members.

        S. 9912                             5
 
     1    (c) To collect dues for the tenants that the tenant  union  represents
     2  to fund further development of tenant power.
     3    (d) To affiliate with tenant union locals and/or affiliate with tenant
     4  organizations.
     5    (e)  To collect information from landlords, including, but not limited
     6  to: (i) rent rolls; (ii) a list of  properties  owned;  (iii)  names  of
     7  individual  principals;  (iv)  operating  income  and expenses; (v) debt
     8  service and loan terms; and (vi) assessed and outstanding taxes,  penal-
     9  ties, fines and fees.
    10    (f)  To  select  a tenant bargaining representative to meet and confer
    11  with the landlord on issues of common concern.
    12    8. Any member of a tenant union shall have the right:
    13    (a) To meet and assemble freely with other members;
    14    (b) To express any views, arguments, or opinions;
    15    (c) To express at meetings of the tenant union their views  of  candi-
    16  dates  in  an election of the tenant union or upon any business properly
    17  before the meeting,  subject  to  the  tenant  union's  established  and
    18  reasonable rules pertaining to the conduct of meetings: provided, howev-
    19  er,  that this subdivision shall not be construed to impair the right of
    20  a tenant union to adopt and enforce reasonable rules as to the responsi-
    21  bility of every member toward the tenant union and to  their  refraining
    22  from  conduct  that would interfere with its performance of its legal or
    23  contractual obligations;
    24    (d) To enjoy equal rights and privileges within the  tenant  union  to
    25  nominate  candidates,  to vote in elections or referendums of the tenant
    26  union, to attend membership meetings, and to participate in the deliber-
    27  ations and voting upon the business of such meetings, subject to reason-
    28  able rules and regulations  in  such  tenant  union's  constitution  and
    29  bylaws;
    30    (e)  To pursue a private right of action, either in court or before an
    31  administrative agency, to: (i) enforce  applicable  housing  code;  (ii)
    32  make  any  other  cognizable  claim  against the landlord of the subject
    33  premises; or (iii) to make a cognizable claim against the tenant  union;
    34  and
    35    (f)  To  receive,  upon  request, information from the landlord of the
    36  subject premises relevant to good-faith consultation on issues of common
    37  concern, including, but not limited to: (i) rent rolls; (ii) other prop-
    38  erties owned by the landlord; (iii) names of individual principals; (iv)
    39  operating income and expenses; (v) debt service and loan terms; and (vi)
    40  assessed and outstanding taxes, penalties, fines, and fees.
    41    9. The landlord of subject premises which has  a  tenant  union  shall
    42  provide at least three months' advance notice to the tenant union of any
    43  major  decision, as defined in section two hundred thirty-nine-i of this
    44  article,  affecting  tenants  of  the  subject  premises.  Except  under
    45  extraordinary  circumstances and for cause shown, a court shall issue an
    46  injunction to enjoin a landlord from effectuating  any  major  decisions
    47  during  the  three-month  advance notice period. During such three-month
    48  period, the tenant union or the landlord may request to  meet  with  the
    49  other  party to negotiate procedures and to consider alternatives to and
    50  effects of the major decision. No tenant shall be evicted due to a major
    51  decision for a period of at least six months from the  date  notice  was
    52  provided  to the tenant union pursuant to this subdivision, except under
    53  extraordinary circumstances.
    54    10. Once a tenant union has filed with the  statewide  tenant  associ-
    55  ation  and  the  department of state pursuant to subdivision one of this
    56  section, it shall be unlawful for a landlord to: (i) refuse to confer in

        S. 9912                             6
 
     1  good faith; (ii) do so in bad faith or in a surface manner  intended  to
     2  or  effectively  preventing  the  ability to confer in good faith; (iii)
     3  refuse to provide information as required pursuant to this  section;  or
     4  (iv)  engage  in  retaliatory  or  discriminatory behavior affecting the
     5  ability of any party to confer in good faith. The statewide tenant asso-
     6  ciation shall receive and keep records of complaints  of  violations  of
     7  this section.
     8    11.  Whenever  a  change  of  ownership occurs with respect to subject
     9  premises where there is a tenant union, the new owner  shall  assume  by
    10  operation of law all of the duties, obligations, and responsibilities of
    11  the  preceding  owner  with  regards  to the tenant union, including any
    12  duties,  obligations,  and  responsibilities  contained  in   agreements
    13  entered  into  by  the  preceding owner affecting tenants of the subject
    14  premises.
    15    12. Once a tenant union has filed with the  statewide  tenant  associ-
    16  ation  and  the  department of state pursuant to subdivision one of this
    17  section, the landlord of the subject premises of the tenant union  shall
    18  notify  the  tenant  union  of  the  landlord's intent to file a summary
    19  eviction proceeding against any tenant of the subject premises at  least
    20  twenty  days prior to the commencement of such summary eviction proceed-
    21  ing, unless such proceeding is based on an allegation of nuisance.
    22    13. Any individual or entity serving as the tenant  bargaining  repre-
    23  sentative  for  a  tenant union who is not a member of such tenant union
    24  shall be entitled to all of the rights provided in subdivision eight  of
    25  this section.
    26    §  239-k. Statewide tenant association. 1. There is hereby established
    27  a statewide tenant association which shall be  comprised  of  individual
    28  tenants, tenant unions, and tenant organizations in the state.
    29    2.  The  statewide tenant association shall confer membership upon any
    30  tenant union that has been established in  accordance  with  subdivision
    31  one  of section two hundred thirty-nine-j of this article and upon every
    32  residential tenant in the state, unless such tenant declines  membership
    33  by  filing  a  request  to  decline membership with the statewide tenant
    34  association.
    35    3. The statewide tenant association shall be governed by  a  board  of
    36  directors  that  shall  consist  of  fifteen  members,  which  shall  be
    37  geographically diverse, with no fewer than five members from outside  of
    38  New York City. Members of the board shall be appointed as follows:
    39    (a) four members shall be individuals who are tenant-members of tenant
    40  unions,  two  of  whom  shall  be appointed by the governor, one of whom
    41  shall be appointed by the speaker of the assembly, and one of whom shall
    42  be appointed by the president of the senate;
    43    (b) six members shall be individuals who are representatives of tenant
    44  advocacy, organizing and legal services  organizations,  three  of  whom
    45  shall  be appointed by the governor and three of whom shall be appointed
    46  by the speaker of the assembly; provided,  however,  that  one  of  whom
    47  shall  be  a  representative  of a tenant advocacy organization, four of
    48  whom shall be representatives of tenant organizations, and one  of  whom
    49  shall  be  a representative of a legal services organization experienced
    50  with tenant issues; and provided further that five of such members shall
    51  be representatives of organizations that have an  annual  budget  of  no
    52  less than one million dollars and membership bases of no fewer than five
    53  thousand members and one of such members shall represent an organization
    54  with  a  budget  of  less than one million dollars and with a membership
    55  base of no fewer than one thousand members;

        S. 9912                             7
 
     1    (c) two members shall be individuals with at least five years' experi-
     2  ence as a policy specialist with a focus on promoting and protecting the
     3  interests of low-income tenants, both of whom shall be appointed by  the
     4  temporary president of the senate;
     5    (d)  one member shall be an individual with at least five years' expe-
     6  rience as a tenants' rights attorney and shall have at least two  years'
     7  experience  working  in  partnership with housing rights organizers, who
     8  shall be appointed by the temporary president of the senate;
     9    (e) one member shall be an individual with at least five years'  expe-
    10  rience  as  an unhoused people's organizer or advocate with at least two
    11  years' experience working on state and/or federal  housing  issues,  who
    12  shall be appointed by the governor; and
    13    (f)  one member shall be an individual with at least five years' expe-
    14  rience as a representative of a public sector labor  or  service  union,
    15  who shall be appointed by the governor.
    16    4.  Members of the board of directors shall continue as members of the
    17  board until their successors are appointed and have  qualified.  Of  the
    18  members  of  the  board of directors, the seven members appointed by the
    19  governor shall serve initial terms of four years,  while  the  remaining
    20  members shall serve initial terms of three years.
    21    5.  Vacancies  shall  be  filled  in  the manner provided for original
    22  appointments. Members shall not be removed  during  their  term  without
    23  written charges and the opportunity to be heard.
    24    6.  The  members  of the board shall designate a chair from among such
    25  members. The chair shall preside over meetings of the  board  and  shall
    26  serve  as  the  primary  liaison  between  the board and the rest of the
    27  members. A vice-chair may be elected by the board from among  its  other
    28  members  to  serve  as such at the pleasure of the board. The vice-chair
    29  shall preside over all meetings of the board in the absence of the chair
    30  and shall have such other duties as the statewide tenant association may
    31  prescribe.
    32    7. The members of the board shall receive no  compensation  for  their
    33  services but shall be reimbursed for their actual and necessary expenses
    34  incurred in the performance of their official duties.
    35    8.  The  board  of directors of the statewide tenant association shall
    36  have the power to:
    37    (a) establish bylaws for the management and regulation of its  affairs
    38  and to enforce the terms of such bylaws with respect to its members;
    39    (b) appoint officers, agents and employees and fix their compensation,
    40  to the provisions of the civil service law; and
    41    (c)  prioritize  and direct all resources budgeted toward the fulfill-
    42  ment of its responsibilities under this article.
    43    9. The statewide tenant association shall have  the  following  powers
    44  and duties:
    45    (a) to support member tenants in organizing building tenant unions and
    46  achieving recognition for such tenant unions;
    47    (b) to support member tenant unions in organizing new buildings;
    48    (c)  to  support  member tenants in claiming or enforcing any right or
    49  protection  offered  under  state  law  pertaining  to   landlord-tenant
    50  relations;
    51    (d)  to  maintain  membership  records and records related to landlord
    52  disclosures;
    53    (e) to provide technical assistance to tenant unions and tenant organ-
    54  izations throughout the state;
    55    (f) to offer advice to members;

        S. 9912                             8
 
     1    (g) to collect information and records from  landlords  and  organiza-
     2  tions  representing  landlords, including but not limited to information
     3  required for disclosure pursuant to  subdivisions  seven  and  eight  of
     4  section  two  hundred  thirty-nine-j  of this article, including but not
     5  limited to rent rolls, properties owned, names of individual principals,
     6  operating  income and expenses, debt service and loan terms and assessed
     7  and outstanding taxes, penalties, fines and fees;
     8    (h) to collect information from tenants and tenant unions;
     9    (i) to disseminate research and analysis to members;
    10    (j) to convene public hearings, alone or in partnership with state  or
    11  local entities;
    12    (k)  to  issue  reports,  analyses  and  other documents to inform the
    13  public discourse;
    14    (l) to appoint officers, agents and employees and  fix  their  compen-
    15  sation, subject to the provisions of the civil service law;
    16    (m) to recommend changes to law, including drafting proposed language;
    17    (n) to advise relevant state and local agencies; and
    18    (o)  to  allocate  funding  from the statewide tenant association fund
    19  established pursuant to section ninety-nine-uu of the state finance law.
    20    § 239-l. Relationship to real property actions and proceedings law. 1.
    21  Every petition filed pursuant to section seven hundred forty-one of  the
    22  real  property actions and proceedings law shall state that, at the time
    23  of commencement of the special proceedings, either:
    24    (a) no tenant union recognized under section two hundred thirty-nine-j
    25  of this article exists at the subject premises; or
    26    (b) there is a tenant union at the subject premises and  the  landlord
    27  has  met and conferred with such tenant union as required by subdivision
    28  three of section two hundred thirty-nine-j of this article.
    29    2. Every petition filed pursuant to section seven hundred forty-one of
    30  the real property actions and proceedings  law  in  a  subject  premises
    31  where there exists a tenant union shall state that prior to commencement
    32  of  the  special  proceeding, the landlord has notified the tenant union
    33  and the statewide tenant association of  the  proceeding  in  accordance
    34  with section two hundred thirty-nine-j of this article.
    35    §  239-m. Enforcement. 1. Where a tenant union established pursuant to
    36  section two hundred thirty-nine-j of this article exists at the  subject
    37  premises,  the  failure of the landlord to comply with subdivision three
    38  of section two hundred thirty-nine-j of this article shall be deemed  to
    39  substantially  interfere  with  the comfort, repose, peace, and quiet of
    40  the members of the tenant union, and may serve as the basis for a  legal
    41  claim by the tenant union or by individual members of the tenant union.
    42    2.  A tenant union established pursuant to section two hundred thirty-
    43  nine-j of this article or individual members of such a tenant union  may
    44  bring  an action in a court of competent jurisdiction, including but not
    45  limited to housing court, against the landlord or lessor of the  subject
    46  premises  to  compel  compliance  with  subdivision three of section two
    47  hundred thirty-nine-j of this article and to recover damages suffered by
    48  reason of noncompliance. In any action brought under this  section,  the
    49  court may award reasonable attorney's fees to a prevailing plaintiff.
    50    3. Damages for landlords' noncompliance with section two hundred thir-
    51  ty-nine-j of this article may be awarded in the form of a rent abatement
    52  in a proceeding against a tenant or in a claim brought by a tenant union
    53  or individual members thereof.
    54    4.  A  tenant's  individual  claim  under  this  section shall survive
    55  dissolution of the tenant union at the subject premises.

        S. 9912                             9

     1    5. Nothing in this article shall serve to limit the ability of tenants
     2  as individuals or as members of a tenant union or other tenant organiza-
     3  tion to withhold rent, seek repairs, or exercise any other  legal  right
     4  available to them under existing laws.
     5    6. Upon a finding by a court of competent jurisdiction that a landlord
     6  has  interfered with tenants' right to organize pursuant to this article
     7  or failed to comply with subdivision three of section two hundred  thir-
     8  ty-nine-j of this article, such landlord shall be barred from increasing
     9  the  rent at the subject premises from the date of the occurrence of the
    10  violation. Such bar shall remain in effect until the landlord adequately
    11  provides the tenants with the  opportunity  to  establish  a  recognized
    12  tenant  union  and/or to meet and confer in accordance with the require-
    13  ments of section two hundred thirty-nine-j of this article.
    14    § 2. The state finance law is amended by adding a new section 99-uu to
    15  read as follows:
    16    § 99-uu. Statewide tenant association fund. 1. There is hereby  estab-
    17  lished  in the joint custody of the commissioner of taxation and finance
    18  and the comptroller a special fund to be known as the "statewide  tenant
    19  association fund".
    20    2.  Such  fund  shall  consist  of  revenues  received pursuant to the
    21  provisions of article seven-B of the real property  law  and  all  other
    22  moneys  credited  or  transferred  thereto from any other fund or source
    23  pursuant to law. Nothing in this section shall prevent  the  state  from
    24  receiving  grants,  gifts  or  bequests  for the purposes of the fund as
    25  defined in this section and depositing them into the fund  according  to
    26  law.  Any  interest  earned by the investment of moneys in the statewide
    27  tenant association shall be added to such  fund,  become  part  of  such
    28  fund, and be used for the purposes of such fund.
    29    3.  Money  allocated to the statewide tenant association fund shall be
    30  kept separate and shall not be commingled with any other  funds  in  the
    31  custody of the state comptroller.
    32    4. All moneys deposited in the statewide tenant association fund shall
    33  be  made  available  for use by the statewide tenant association for the
    34  purposes of carrying out the powers and duties of the  statewide  tenant
    35  association  pursuant  to  section two hundred thirty-nine-k of the real
    36  property law, including supporting tenant organizing in order to promote
    37  increased access to healthy, safe and affordable housing  for  residents
    38  of the state.
    39    5.  On or before the first day of February each year, the chair of the
    40  statewide tenant association shall  provide  a  written  report  to  the
    41  temporary president of the senate, speaker of the assembly, chair of the
    42  senate  finance  committee,  the  chair  of  the assembly ways and means
    43  committee, the state comptroller  and  the  public.  Such  report  shall
    44  include  how  the  moneys  of the statewide tenant association fund were
    45  utilized during the preceding calendar year, and shall include:
    46    (a) the amount of money disbursed from the fund and  the  purposes  of
    47  such disbursements;
    48    (b) recipients of awards from the fund;
    49    (c) the amount awarded to each recipient;
    50    (d) the purposes for which such awards were granted; and
    51    (e) a summary financial plan for such moneys which shall include esti-
    52  mates of all receipts and all disbursements for the current and succeed-
    53  ing  fiscal  years,  along with the actual results from the prior fiscal
    54  year.
    55    6. On or before the first day of February of each calendar  year,  the
    56  comptroller  shall  certify  to the governor, the temporary president of

        S. 9912                            10
 
     1  the senate, the speaker of the assembly, the chair of the senate finance
     2  committee and the chair of the assembly ways and  means  committee,  the
     3  amount  of  money  deposited  in  the  statewide tenant association fund
     4  during  the  preceding  calendar  year  as the result of revenue derived
     5  pursuant to article seven-B of the  real  property  law,  and  from  all
     6  grants, gifts and bequests.
     7    7.  Moneys shall be payable from the statewide tenant association fund
     8  on the audit and warrant of the comptroller  on  vouchers  approved  and
     9  certified by the chair of the statewide tenant association.
    10    § 3. The sum of fifty million dollars ($50,000,000), or so much there-
    11  of  as may be necessary, is hereby appropriated to the division of hous-
    12  ing and community renewal out of any moneys in the state treasury in the
    13  general fund to the credit of the state purposes account, not  otherwise
    14  appropriated,  and made immediately available, for the purpose of carry-
    15  ing out the provisions of this act. Such moneys shall be payable on  the
    16  audit  and  warrant of the comptroller on vouchers certified or approved
    17  by the commissioner of the division of housing and community renewal  in
    18  the manner prescribed by law.
    19    §  4.  This  act  shall take effect on the sixtieth day after it shall
    20  have become a law.
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