S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    456
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the cooperative corporations law and the  not-for-profit
   corporation  law,  in  relation to requiring the board of directors of
   residential cooperative corporations and  not-for-profit  corporations
   to  provide  tenants with changes to the by-laws in writing within ten
   days of adoption; in relation to notification to  tenants  of  changes
   affecting occupancy or the rules of the building
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 16 of the cooperative corporations law  is  amended
 to read as follows:
   §  16.  By-laws. 1. The by-laws may provide for their amendment by the
 board of directors; but any amendment adopted  by  the  board  shall  be
 reported  to  the annual meeting of the corporation and, if not affirma-
 tively approved thereat, shall cease to be in  effect.  By-laws  may  be
 adopted,  repealed  or  amended on the affirmative vote of two-thirds of
 the members, stockholders or delegates voting thereon at a meeting  held
 after  due  written  notice  setting  forth  the proposed action and the
 purpose of the meeting.
   2. IN  THE  CASE  OF  RESIDENTIAL  COOPERATIVE  CORPORATIONS,  CHANGES
 INCLUDING  THE ADOPTION, AMENDMENT OR REPEAL OF THE BY-LAWS BY THE BOARD
 OF DIRECTORS SHALL BE PROVIDED TO THE MEMBERS, STOCKHOLDERS, AND  DELEG-
 ATES  OF  SUCH  CORPORATION IN WRITING, BY PHYSICAL OR ELECTRONIC MEANS,
 WITHIN TEN DAYS OF SUCH ADOPTION.
   § 2.  The cooperative corporations law is  amended  by  adding  a  new
 section 78 to read as follows:
   §  78.  NOTIFICATION  TO  RESIDENTS.  UPON  THE ADOPTION, AMENDMENT OR
 REPEAL OF BY-LAWS BY THE BOARD OF DIRECTORS PURSUANT TO SUBDIVISION  TWO
 OF  SECTION  SIXTEEN  OF  THIS  CHAPTER,  WHERE SUCH CHANGE WOULD HAVE A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01517-01-9

 A. 456                              2
 
 DIRECT EFFECT ON THE RESIDENT'S OCCUPANCY OR THE RULES OF THE  BUILDING,
 THE  BOARD  OF  DIRECTORS  SHALL  POST THE ADOPTED, AMENDED, OR REPEALED
 BY-LAWS CONSPICUOUSLY TO ENSURE TENANTS WILL BE AWARE OF SUCH ADOPTION.
   §  3.  Section 602 of the not-for-profit corporation law is amended by
 adding a new paragraph (g) to read as follows:
   (G) IN THE CASE OF RESIDENTIAL  NOT-FOR-PROFIT  CORPORATIONS,  CHANGES
 INCLUDING  THE ADOPTION, AMENDMENT OR REPEAL OF THE BY-LAWS BY THE BOARD
 OF DIRECTORS SHALL BE PROVIDED TO THE MEMBERS, STOCKHOLDERS, AND  DELEG-
 ATES  OF  SUCH  CORPORATION IN WRITING, BY PHYSICAL OR ELECTRONIC MEANS,
 WITHIN TEN DAYS OF SUCH ADOPTION.
   § 4. The not-for-profit corporation law is amended  by  adding  a  new
 section 624 to read as follows:
 § 624. NOTIFICATION TO TENANTS.
   UPON  THE ADOPTION, AMENDMENT OR REPEAL OF THE BY-LAWS BY THE BOARD OF
 DIRECTORS PURSUANT TO PARAGRAPH (G) OF SECTION 602 (BY-LAWS), WHERE SUCH
 CHANGE WOULD HAVE A DIRECT EFFECT ON THE  RESIDENT'S  OCCUPANCY  OR  THE
 RULES  OF  THE  BUILDING, THE BOARD OF DIRECTORS SHALL POST THE ADOPTED,
 AMENDED, OR REPEALED BY-LAWS CONSPICUOUSLY TO  ENSURE  TENANTS  WILL  BE
 AWARE OF SUCH ADOPTION.
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.