What's happening
This bill allows condominium or homeowners association boards to evict tenants of non-occupying owners who violate association rules.
Why it matters
Empowers condo and homeowners association boards to directly evict tenants (not just fine owners) for violating association rules, potentially speeding up enforcement and increasing compliance within communities.
Non-resident owners who rent out their units could face increased risk and liability, as their tenants’ actions may result in eviction proceedings initiated by the association—possibly affecting investment strategies or tenant-screening practices.
Shifts some enforcement responsibility from individual owners to association boards, possibly reducing disputes between neighbors but also raising concerns about fairness or due process in board decisions.
Could impact rental markets in affected communities, as both tenants and non-occupying owners may see increased scrutiny and stricter rule enforcement, influencing rental pricing, availability, and tenant-landlord relationships.
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Who cares
Headline styles
Let Boards Evict Bad Tenants
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1938
2019-2020 Regular Sessions
IN ASSEMBLY
January 18, 2019
Introduced by M. of A. ZEBROWSKI -- read once and referred to the Committee on Judiciary
AN ACT to amend the real property actions and proceedings law and the real property law, in relation to allowing a board of directors or board of managers to take appropriate action against an objectionable tenant who fails to comply with the by-laws or rules and regulations of the condominium or homeowners association
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 721 of the real property actions and proceedings law is amended by adding a new subdivision 12 to read as follows:
12. The board of managers or board of directors of a condominium or homeowners association if it deems a tenant of a non-occupying unit owner or member objectionable.
§ 2. Section 339-j of the real property law, as amended by chapter 437 of the laws of 1999, is amended to read as follows:
§ 339-j. Compliance with by-laws and rules and regulations. Each unit owner shall comply strictly with the by-laws and with rules, regulations, resolutions and decisions adopted pursuant thereto. Failure to comply with any of the same shall be ground for an action to recover sums due, for damages or injunctive relief or both maintainable by the board of managers on behalf of the unit owners or, in a proper case, by an aggrieved unit owner or to bring a summary dispossess proceeding against the tenant of a non-occupying unit owner. In any case of flagrant or repeated violation by a unit owner, he may be required by the board of managers to give sufficient surety or sureties for his future compliance with the by-laws, rules, regulations, resolutions and decisions. Notwithstanding the foregoing provisions of this section, no action or proceeding for any relief may be maintained due to the display of a flag of the United States measuring not more than four feet by six feet.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06171-01-9
A. 1938 2
§ 3. Section 339-dd of the real property law, as added by chapter 82 of the laws of 1964, is amended to read as follows:
§ 339-dd. Actions. 1. Actions may be brought or proceedings instituted by the board of managers in its discretion, on behalf of two or more of the unit owners, as their respective interests may appear, with respect to any cause of action relating to the common elements or more than one unit. Service of process on the unit owners in any action relating to the common elements or more than one unit may be made on the person designated in the declaration to receive service of process.
2. A summary dispossess proceeding may be brought or instituted by the board of managers in its discretion with respect to any cause of action against a tenant of a non-occupying unit owner.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.