NY State Senate Bill 2021-S6877

Senate Bill S6877

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 Via A4587 - 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 20, 2021	approval memo.20 signed chap.428
Sep 10, 2021	delivered to governor
Jun 09, 2021	returned to assembly passed senate 3rd reading cal.1669 substituted for s6877
Jun 09, 2021	substituted by a4587a
Jun 08, 2021	ordered to third reading cal.1669 committee discharged and committed to rules
May 20, 2021	referred to consumer protection

Votes

- Jun 9, 2021 - Floor Vote
  A4587
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Jun 8, 2021 - Rules Committee Vote
  S6877
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 8, 2021
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Stewart-Cousins
      
      aye wr (1)
      
      Lanza

co-Sponsors

2021-S6877 (ACTIVE) - Details

See Assembly Version of this Bill:: A4587
Law Section:: General Obligations Law
Laws Affected:: Amd §7-108, Gen Ob L

2021-S6877 (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-S6877 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6877      REVISED 05/20/2021

SPONSOR: KAVANAGH
 
TITLE OF BILL:

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

 
PURPOSE:

To clarify that certain seasonal use tenancies are excluded from the
provisions of the General Obligations Law regulating the amount of a
deposit or advance that may be required for residential dwelling units.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends subdivision 1-a of Section 7-108 of the
general obligations law by amending paragraph a of subdivision 1 and
adding new subdivisions 4 and 5 to exclude certain seasonal dwelling
units from the provisions regulating the amount of a deposit or advance

that may be required for residential dwelling units. The exclusion
applies where the lease expressly provides that the dwelling unit is
registered as a seasonal use welling unit, the occupancy of the tenant
is only for seasonal use not to exceed 120 days, and such tenant has a
primary address to return to. The dwelling unit must register with the
appropriate local government, county or state registry as a seasonal use
dwelling. Such a dwelling unit cannot be rented as a seasonal use dwell-
ing for more than 120 days per year.

Section 2 of the bill sets forth the effective date.

 
JUSTIFICATION:

This legislation would make clear that the generally applicable limit on
the amount of security deposits and advances that renters may be
required to pay does not apply to seasonal use dwelling units that meet
strict conditions. Larger deposits are common in many vacation homes and
the policy concerns that motivated the legislature to limit the amount
tenants may be required to pay when moving into a new home are much less
relevant when the renter is intending to stay for a short period and has
a permanent home to return to.

 
LEGISLATIVE HISTORY:

2019: A8546 (Thiele) - Judiciary / S6689 (LaValle): Judiciary

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6877 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6877
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 20, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 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.
                                                            LBD08958-05-1

 S. 6877                             2
 
   5. IN ORDER FOR A DWELLING UNIT TO QUALIFY AS A SEASONAL USE  DWELLING
 UNIT  FOR  THE  PURPOSE  OF  PARAGRAPH  (A) OF SUBDIVISION ONE-A OF THIS
 SECTION, THE LOCAL GOVERNMENT WITH JURISDICTION  FOR  BUILDING  ADMINIS-
 TRATION OVER SUCH UNIT, THE COUNTY IN WHICH SUCH UNIT IS LOCATED, OR THE
 STATE  SHALL HAVE ADOPTED A SEASONAL USE DWELLING UNIT REGISTRY AND SUCH
 UNIT SHALL BE REGISTERED BY FILING A COPY OF THE SEASONAL USE LEASE  AND
 SUCH  ADDITIONAL  INFORMATION  AS THE LOCAL GOVERNMENT, COUNTY, OR STATE
 AGENCY THAT ADMINISTERS SUCH REGISTRY MAY REQUIRE.  SUCH  LOCAL  GOVERN-
 MENT,  COUNTY,  OR  STATE  AGENCY SHALL REVOKE THE SEASONAL USE DWELLING
 UNIT REGISTRATION OF ANY DWELLING UNIT  THAT  DOES  NOT  ADHERE  TO  THE
 CONDITIONS PROVIDED FOR IN SUBDIVISION FOUR OF THIS SECTION.
   § 2. This act shall take effect immediately.

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Senate Bill S6877

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Sponsored By

Brian Kavanagh