Assembly Bill A4587A

Signed By Governor
2021-2022 Legislative Session

Excludes certain seasonal use tenancies from the provisions regulating deposits and advances for residential dwelling units

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Archive: Last Bill Status - 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

2021-A4587 - Details

See Senate Version of this Bill:
S6877
Law Section:
General Obligations Law
Laws Affected:
Amd §7-108, Gen Ob L

2021-A4587 - Summary

Excludes certain seasonal use tenancies from the provisions regulating deposits and advances for residential dwelling units; defines a seasonal use lease expressly provides that: the dwelling unit is registered as a seasonal use dwelling unit, indicating the local or county government agency with which it is registered; the occupancy of the tenant is only for seasonal use not to exceed one hundred twenty days or a shorter period provided for in the lease; and such tenant has a primary residence to return to, the address of which is expressly provided in the lease

2021-A4587 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4587
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Judiciary
 
 AN  ACT  to  amend the general obligations law, in relation to excluding
   certain seasonal use tenancies from the provisions regulating deposits
   and advances for residential dwelling units

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 1 of section 7-108 of the general obligations
 law, as amended by section 25 of part M of chapter 36  of  the  laws  of
 2019, is amended and a new subdivision 4 is added to read as follows:
   1. This section shall apply to all dwelling units in residential prem-
 ises,  unless  such dwelling unit is specifically referred to in section
 7-107 of this title OR IS EXPRESSLY EXCLUDED BY THE PROVISIONS  OF  THIS
 SECTION.
   4.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A DWELLING UNIT
 IN RESIDENTIAL PREMISES WHERE THE  LEASE  EXPRESSLY  PROVIDES  THAT  THE
 OCCUPANCY  OF  THE  TENANT IS FOR SEASONAL USE OF THE DWELLING UNIT. FOR
 THE PURPOSES OF THIS SUBDIVISION, "TENANT"  SHALL    MEAN  A  TENANT  OR
 LAWFUL OCCUPANT WITH A SEASONAL USE LEASE WHERE SUCH TENANT HAS A PRIMA-
 RY RESIDENCE TO WHICH TO RETURN TO. THE ADDRESS OF THE PRIMARY RESIDENCE
 OF  THE  RESIDENTIAL  TENANT SHALL BE EXPRESSLY PROVIDED IN THE SEASONAL
 USE LEASE. FOR THE PURPOSES OF THIS SUBDIVISION, A "SEASONAL USE  LEASE"
 MAY NOT EXCEED A TERM OF ONE HUNDRED TWENTY DAYS.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08958-01-1

2021-A4587A (ACTIVE) - Details

See Senate Version of this Bill:
S6877
Law Section:
General Obligations Law
Laws Affected:
Amd §7-108, Gen Ob L

2021-A4587A (ACTIVE) - Summary

Excludes certain seasonal use tenancies from the provisions regulating deposits and advances for residential dwelling units; defines a seasonal use lease expressly provides that: the dwelling unit is registered as a seasonal use dwelling unit, indicating the local or county government agency with which it is registered; the occupancy of the tenant is only for seasonal use not to exceed one hundred twenty days or a shorter period provided for in the lease; and such tenant has a primary residence to return to, the address of which is expressly provided in the lease

2021-A4587A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4587--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on  Judiciary -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the general obligations law, in  relation  to  excluding
   certain seasonal use tenancies from the provisions regulating deposits
   and advances for residential dwelling units
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 1-a of section  7-108  of  the
 general  obligations law, as added by section 25 of part M of chapter 36
 of the laws of 2019, is amended and two new subdivisions  4  and  5  are
 added to read as follows:
   (a)  No deposit or advance shall exceed the amount of one month's rent
 [under such contract] UNLESS THE DEPOSIT OR ADVANCE IS  FOR  A  SEASONAL
 USE  DWELLING UNIT AS PROVIDED FOR IN SUBDIVISIONS FOUR AND FIVE OF THIS
 SECTION.
   4.  A DWELLING UNIT SHALL QUALIFY AS A SEASONAL USE DWELLING UNIT  FOR
 THE  PURPOSE OF PARAGRAPH (A) OF SUBDIVISION ONE-A OF THIS SECTION IF IT
 MEETS ALL OF THE FOLLOWING CONDITIONS:
   (A) THE LEASE EXPRESSLY PROVIDES THAT: (I) THE DWELLING UNIT IS REGIS-
 TERED AS A SEASONAL USE DWELLING UNIT, INDICATING THE  LOCAL  OR  COUNTY
 GOVERNMENT AGENCY WITH WHICH IT IS REGISTERED; (II) THE OCCUPANCY OF THE
 TENANT IS ONLY FOR SEASONAL USE NOT TO EXCEED ONE HUNDRED TWENTY DAYS OR
 A  SHORTER PERIOD PROVIDED FOR IN THE LEASE; AND (III) SUCH TENANT HAS A
 PRIMARY RESIDENCE TO RETURN  TO,  THE  ADDRESS  OF  WHICH  IS  EXPRESSLY
 PROVIDED IN THE LEASE.
   (B)  SUCH  DWELLING  UNIT  IS  REGISTERED  WITH  THE APPROPRIATE LOCAL
 GOVERNMENT, COUNTY, OR STATE REGISTRY AS  A  SEASONAL  USE  DWELLING  AS
 PROVIDED FOR IN SUBDIVISION FIVE OF THIS SECTION.
   (C)  SUCH  DWELLING UNIT IS NOT RENTED AS A SEASONAL USE DWELLING UNIT
 FOR MORE THAN ONE HUNDRED TWENTY DAYS DURING EACH CALENDAR YEAR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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