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A08243 Summary:

A08243 Actions:

A08243 Floor Votes:

A08243 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8243--B
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 8, 2011
                                       ___________
 
        Introduced  by  M.  of  A. CASTRO, JAFFEE, P. RIVERA, STEVENSON, GIBSON,
          CRESPO, COOK, LINARES, ROBERTS, WEPRIN -- Multi-Sponsored by -- M.  of
          A.  JACOBS, WRIGHT -- read once and referred to the Committee on Hous-
          ing -- recommitted to the Committee  on  Housing  in  accordance  with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered

          reprinted  as  amended  and  recommitted  to  said  committee -- again
          reported from said committee with  amendments,  ordered  reprinted  as
          amended and recommitted to said committee
 
        AN ACT to amend the real property law, in relation to prohibiting retal-
          iation by landlords against legal occupants who operate certain family
          day care homes
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 1, 2 and 4 of section 223-b of the real  prop-
     2  erty  law, as amended by chapter 584 of the laws of 1991, are amended to
     3  read as follows:
     4    1. No landlord of premises or units to which this section is  applica-
     5  ble  shall serve a notice to quit upon any tenant or commence any action
     6  to recover real property or summary proceeding to recover possession  of

     7  real property in retaliation for:
     8    a. A good faith complaint, by or in behalf of the tenant, to a govern-
     9  mental  authority  of  the landlord's alleged violation of any health or
    10  safety law, regulation, code, or ordinance, or  any  law  or  regulation
    11  which  has as its objective the regulation of premises used for dwelling
    12  purposes or which pertains to the offense of rent gouging in the  third,
    13  second or first degree; or
    14    b.  Actions  taken  in  good  faith, by or in behalf of the tenant, to
    15  secure or enforce any rights under the lease or rental agreement,  under
    16  section  two  hundred  thirty-five-b of this chapter, or under any other
    17  law of the state of New York, or of its governmental subdivisions, or of
    18  the United States which has as its objective the regulation of  premises
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.
                                                                   LBD13013-06-2
        A. 8243--B                          2
 
     1  used  for  dwelling  purposes  or  which pertains to the offense of rent
     2  gouging in the third, second or first degree; or
     3    c.  The  tenant's participation in the activities of a tenant's organ-
     4  ization; or
     5    d. The tenant's or other legal occupant's operation of a group  family
     6  day  care home or family day care home pursuant to section three hundred
     7  ninety of the social services law.
     8    2. No landlord or premises or units to which this section is  applica-
     9  ble  shall  substantially  alter the terms of the tenancy in retaliation

    10  for any actions set forth in paragraphs a, b, [and] c, and d of subdivi-
    11  sion one of this section. Substantial alteration shall include,  but  is
    12  not limited to, the refusal to continue a tenancy of the tenant or, upon
    13  expiration  of  the  tenant's  lease,  to renew the lease or offer a new
    14  lease; provided, however, that a landlord shall not  be  required  under
    15  this  section to offer a new lease or a lease renewal for a term greater
    16  than one year and after such extension of a tenancy for one  year  shall
    17  not be required to further extend or continue such tenancy.
    18    4.  In  any  action  to recover real property or summary proceeding to
    19  recover possession of real property, judgment shall be entered  for  the
    20  tenant if the court finds that the landlord is acting in retaliation for

    21  any  action  set forth in paragraphs a, b, [and] c, and d of subdivision
    22  one of this section and further finds that the landlord would not other-
    23  wise have commenced such action  or  proceeding.  Retaliation  shall  be
    24  asserted  as  an  affirmative  defense in such action or proceeding. The
    25  tenant shall not be relieved of the obligation to pay any rent for which
    26  he is otherwise liable.
    27    § 2. This act shall take effect immediately.