BILL NUMBER: S2576

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the multiple residence law, in relation to unlawful
occupation

 
PURPOSE OF THE BILL:

This bill is intended to ensure dwellings are safe and habitable and
designed to enforce critical life, health and safety standards.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill creates an action against an owner of a building or landlord
if the building does not have a valid certificate of occupancy.

Section 1 prohibits the owner or landlord from collecting rent during
the period of time in which there was no valid certificate of occupancy.

              

Section 2 allows the department to require persons to vacate any dwell-
ing deemed a nuisance as defined in multiple residence law section 305.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Amended language ensures that no one can stay on the premises indefi-
nitely.

 
JUSTIFICATION:

This bill would provide a more consistent statewide approach and estab-
lish an effective mechanism that bars law-breaking landlords from
collecting any rent during the period of time there is no certificate of
occupancy.

Certificate of occupancy is required before a building owner allows a
tenant to move into a dwelling, subject to exceptions identified in
Multiple Residence Law § 302(1). This requirement is codified by nearly
identical language in Multiple Dwelling Law (applicable to cities having
a population more than 350,000) and Multiple Residence Law (applicable.
to cities having a population of less than 350,000).  Multiple Dwelling
Law prohibits an owner from recovering rent for any period of time a
dwelling is occupied in violation of § 301, however Multiple Residence
Law does not have a similar provision.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S.8708-A/A.10193-B(Hunter) - Referred to Housing, Construction
and Community Development

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
Immediately.