NY State Senate Bill 2021-S6950

Senate Bill S6950

Signed By Governor

2021-2022 Legislative Session

Requires owners to provide essential services and habitability for interim multiple dwelling units

download bill text pdf

Archive: Last Bill Status Via A7667 - 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
Dec 01, 2021	signed chap.639
Nov 19, 2021	delivered to governor
Jun 10, 2021	returned to assembly passed senate 3rd reading cal.1727 substituted for s6950
Jun 10, 2021	substituted by a7667 ordered to third reading cal.1727 committee discharged and committed to rules
May 20, 2021	referred to housing, construction and community development

Votes

- Jun 10, 2021 - Floor Vote
  A7667
  
  44
  
  Aye
  
  19
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 10, 2021
      
      aye (44)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (19)
      
      Akshar
      
      Borrello
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      Martucci
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  Jun 10, 2021 - Rules Committee Vote
  S6950
  
  14
  
  Aye
  
  6
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 10, 2021
      
      aye (14)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Savino
      
      Stewart-Cousins
      
      nay (6)
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Lanza
      
      O'Mara
      
      Ortt
      
      aye wr (1)
      
      Ritchie

2021-S6950 (ACTIVE) - Details

See Assembly Version of this Bill:: A7667
Law Section:: Multiple Dwelling Law
Laws Affected:: Amd §282-a, Mult Dwell L

2021-S6950 (ACTIVE) - Summary

Requires owners to provide essential services and habitability for interim multiple dwelling units; allows occupants of interim multiple dwelling units to bring an action in a court of competent jurisdiction.

2021-S6950 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6950

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the multiple dwelling law, in relation to interim multi-
ple dwellings

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill makes it unlawful for any loft owner to interrupt, deny, or
discontinue essential services, or impair the habitability of an interim
multiple dwelling unit or building for tenants covered by the loft law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one adds a new paragraph to section 282-a of the multiple dwell-
ing law, making it unlawful for any owner to interrupt, deny, or discon-
tinue essential services, or impair the habitability of an interim
multiple dwelling unit or building.

Section two sets an immediate effective date and shall apply to any
action or proceeding pending or on appeal on or after such date.

 
JUSTIFICATION:

Multiple dwelling law section 282-a protects tenants with pending appli-
cations for loft law coverage from owners denying essential services in
an attempt to pressure tenants from dropping their application for
coverage. Recently, the specific focus of MDL 282-a has been used to
argue that tenants covered by the loft law may not bring HP cases
against owners, and must instead be dealt with by the Loft Board as set
forth in the Board's housing maintenance regulations.  A HP case is an
affirmative legal action a tenant can bring in NYC Housing Court to
force the landlord to make repairs, or to correct a lack of heat or hot
water or other services or emergency conditions or to correct building
violations.

The Loft Board's unique focus is the conversion of former commercial or
manufacturing spaces to safe, lawful residential units. Being provided
essential services and a habitable living space are universal housing
needs and are in no way unique to lofts or loft tenants. This bill will
ensure that covered loft tenants can bring HP cases in housing court
when essential services are denied, or habitability is impaired.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become law.

2021-S6950 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6950
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 20, 2021
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 AN ACT to amend the multiple dwelling law, in relation to interim multi-
   ple dwellings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 282-a of the multiple dwelling law, as  amended  by
 chapter 41 of the laws of 2019, is amended to read as follows:
   §  282-a.  Applications for coverage of interim multiple dwellings and
 residential units. 1. Where any occupant has filed  an  application  for
 coverage  pursuant to this article and has received a docket number from
 the loft board, it shall be unlawful for an owner to cause or intend  to
 cause such occupant to vacate, surrender or waive any rights in relation
 to  such  occupancy, due to repeated interruptions or discontinuances of
 essential services, or an interruption or discontinuance of an essential
 service for an extended duration or of such significance as to  substan-
 tially  impair  habitability  of  such unit, at any time before the loft
 board has made a final determination, including appeals, to  approve  or
 deny  such  application.  This  section  shall  not  grant any rights of
 continued occupancy other than  those  otherwise  granted  by  law.  Any
 agreement  that  waives  or limits the benefits of this section shall be
 deemed void as against public policy. In addition to any other  remedies
 provided  in  this  article  for failure to be in compliance, in article
 eight of this chapter, or in the regulations  promulgated  by  the  loft
 board,  an occupant who has filed an application with the loft board for
 coverage under this article may commence an action or  proceeding  in  a
 court   of  competent  jurisdiction,  which  notwithstanding  any  other
 provision of law shall include the housing part of  the  New  York  city
 civil court, to enforce the provisions of this section.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11560-01-1

 S. 6950                             2
 
   2.  IT  SHALL BE UNLAWFUL FOR ANY OWNER TO INTERRUPT, DENY, OR DISCON-
 TINUE ESSENTIAL SERVICES, OR TO IMPAIR THE HABITABILITY  OF  AN  INTERIM
 MULTIPLE DWELLING UNIT OR BUILDING. IN ADDITION TO ANY REMEDIES PROVIDED
 UNDER  THIS  ARTICLE,  REGULATIONS PROMULGATED BY THE LOFT BOARD, OR ANY
 OTHER LAW OR REGULATION GOVERNING THE HOUSING STANDARDS, ANY OCCUPANT OF
 AN  INTERIM  MULTIPLE DWELLING MAY COMMENCE AN ACTION OR PROCEEDING IN A
 COURT  OF  COMPETENT  JURISDICTION  WHICH,  NOTWITHSTANDING  ANY   OTHER
 PROVISION  OF  LAW,  SHALL INCLUDE THE HOUSING PART OF THE NEW YORK CITY
 CIVIL COURT, TO ENFORCE THE PROVISIONS OF THIS  SECTION.  ANY  AGREEMENT
 THAT  WAIVES OR LIMITS THE BENEFITS OF THIS SECTION SHALL BE DEEMED VOID
 AS AGAINST PUBLIC POLICY.
   § 2. This act shall take effect immediately, and shall  apply  to  any
 action  or proceeding pending or on appeal on the date on which this act
 shall have become a law.

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