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A00473 Summary:

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A00473 Floor Votes:

A00473 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         473--B
                                                                 Cal. No. 30
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2009
                                       ___________
 
        Introduced  by M. of A. KAVANAGH, GOTTFRIED, ORTIZ, SCARBOROUGH, WRIGHT,
          MILLMAN, KELLNER, N. RIVERA, FARRELL, ROSENTHAL, POWELL -- Multi-Spon-
          sored by -- M. of A. GLICK, SCHIMEL -- read once and referred  to  the

          Committee on Cities -- reported and referred to the Committee on Codes
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee -- reported from committee, advanced
          to a third reading, amended and ordered reprinted, retaining its place
          on the order of third reading
 
        AN ACT to amend the administrative code of the  city  of  New  York,  in
          relation to primary residence
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Section 26-413 of the administrative code of the  city  of
     2  New York is amended by adding a new subdivision f to read as follows:
     3    f.  (1)  In  addition  to  the  requirements  of  any other applicable
     4  provision of law, where an owner or lessor seeks to  recover  possession

     5  of a dwelling unit pursuant to item ten of subparagraph (i) of paragraph
     6  two  of  subdivision  e of section 26-403 of this chapter, on the ground
     7  that the dwelling unit is not occupied by the tenant  as  such  tenant's
     8  primary  residence,  such  owner  or lessor shall commence the action or
     9  proceeding in a court of competent jurisdiction only upon a  good  faith
    10  belief  that  such  dwelling  unit  is not the primary residence of such
    11  tenant.
    12    (2) If any owner or  lessor  commences  an  action  or  proceeding  to
    13  recover  possession  of a dwelling unit in violation of paragraph one of
    14  this subdivision, such owner or lessor shall be liable  to  such  tenant
    15  for three times the monthly rent charged such tenant, or three times the

    16  damages,  if  any,  sustained by such tenant, whichever is greater, plus
    17  reasonable attorney's fees and costs as determined by such court.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01004-05-0
        A. 473--B                           2
 
     1    § 2. Section 26-515 of the administrative code of the city of New York
     2  is amended by adding a new subdivision e to read as follows:
     3    e.  (1)  In  addition  to  the  requirements  of  any other applicable
     4  provision of law, where an owner or lessor seeks to  recover  possession
     5  of  a  dwelling  unit  pursuant  to subparagraph (f) of paragraph one of

     6  subdivision a of section 26-504 of this chapter, on the ground that  the
     7  dwelling  unit  is  not  occupied by the tenant as such tenant's primary
     8  residence, such owner or lessor shall commence the action or  proceeding
     9  in  a court of competent jurisdiction only upon a good faith belief that
    10  such dwelling unit is not the primary residence of such tenant.
    11    (2) If any owner or  lessor  commences  an  action  or  proceeding  to
    12  recover  possession  of a dwelling unit in violation of paragraph one of
    13  this subdivision, such owner or lessor shall be liable  to  such  tenant
    14  for three times the monthly rent charged such tenant, or three times the
    15  damages,  if  any,  sustained by such tenant, whichever is greater, plus

    16  reasonable attorney's fees and costs as determined by such court.
    17    § 3. This act shall take effect immediately and  shall  apply  to  all
    18  actions or proceedings pending on or commenced after such date, provided
    19  that  the  amendments  to  section 26-413 of the city rent and rehabili-
    20  tation law made by section one of this act shall remain  in  full  force
    21  and effect only so long as the public emergency requiring the regulation
    22  and control of residential rents and evictions continues, as provided in
    23  subdivision  3  of section 1 of the local emergency housing rent control
    24  act and provided further that the amendment to  section  26-515  of  the
    25  rent  stabilization  law  of nineteen hundred sixty-nine made by section
    26  two of this act shall expire on the same date as such  law  expires  and
    27  shall  not  affect  the expiration of such law as provided under section

    28  26-520 of such law.