Assembly Bill A456

Signed By Governor
2019-2020 Legislative Session

Requires the board of directors of residential cooperative corporations and not-for-profit corporations to provide tenants with changes to the by-laws in writing

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Sponsored By

Archive: Last Bill Status Via S4956 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2019-A456 - Details

Law Section:
Cooperative Corporations Law
Laws Affected:
Amd §16, add §78, Coop Corps L; amd §602, add §624, N-PC L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6870
2017-2018: A3830

2019-A456 - Summary

Requires the board of directors of certain cooperative corporations and not-for-profit corporations to provide tenants with changes to the by-laws in writing within ten days of adoption; requires notification to tenants of changes affecting occupancy or the rules of the building.

2019-A456 - Bill Text download pdf 

                            
 
                     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

co-Sponsors

2019-A456A (ACTIVE) - Details

Law Section:
Cooperative Corporations Law
Laws Affected:
Amd §16, add §78, Coop Corps L; amd §602, add §624, N-PC L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6870
2017-2018: A3830

2019-A456A (ACTIVE) - Summary

Requires the board of directors of certain cooperative corporations and not-for-profit corporations to provide tenants with changes to the by-laws in writing within ten days of adoption; requires notification to tenants of changes affecting occupancy or the rules of the building.

2019-A456A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  456--A
                                                         Cal. No. 163
 
                        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, BLAKE -- read once and referred to
   the Committee on Housing -- advanced to a  third  reading,  passed  by
   Assembly  and  delivered to the Senate, recalled from the Senate, vote
   reconsidered, bill amended, ordered reprinted, retaining its place  on
   the order of third reading
 
 AN  ACT  to  amend  the  business corporation 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 708 of the business corporation law is amended by
 adding two new subdivisions (e) and (f) to read as follows:
   (E) IN THE CASE OF CORPORATIONS OWNING OR LEASING RESIDENTIAL PREMISES
 AND OPERATING THE SAME ON A COOPERATIVE  BASIS,  CHANGES  INCLUDING  THE
 ADOPTION,  AMENDMENT  OR REPEAL OF THE BY-LAWS BY THE BOARD OF DIRECTORS
 SHALL BE PROVIDED TO THE MEMBERS, STOCKHOLDERS, AND  DELEGATES  OF  SUCH
 CORPORATION IN WRITING, BY PHYSICAL OR ELECTRONIC MEANS, WITHIN TEN DAYS
 OF SUCH ADOPTION.
   (F)  UPON THE ADOPTION, AMENDMENT OR REPEAL OF BY-LAWS BY THE BOARD OF
 DIRECTORS OF A CORPORATION OWNING OR LEASING  RESIDENTIAL  PREMISES  AND
 OPERATING THE SAME ON A COOPERATIVE BASIS PURSUANT TO SUBDIVISION (E) OF
 THIS  SECTION, WHERE SUCH CHANGE WOULD HAVE A DIRECT EFFECT ON THE RESI-
 DENT'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.
   § 2. Section 602 of the not-for-profit corporation law is  amended  by
 adding a new paragraph (g) to read as follows:

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