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S2576Senate2019-2020 SessionSame asA1646

No Rent for Illegal Buildings

Official title

“Relates to unlawful occupation, provides that if any dwelling or structure be occupied without a certificate of occupancy, no rent shall be recovered by the owner”

Sponsor Jamaal BaileySD-36+1 co-sponsorAffects Housing
Status
Senate Floor Calendar
Impact
6/10
Moderate
Outcome
Companion signed

Bill progress

Signed via A1646

What's happening

This bill prohibits landlords from collecting rent or evicting tenants for nonpayment if a dwelling is illegally occupied under housing law.

Why it matters

  1. Strengthens tenant protections. by making it illegal for landlords to collect rent or evict tenants for nonpayment when the building is being occupied unlawfully—shifting the incentive onto landlords to comply with health, safety, and occupancy codes.

  2. Motivates landlords to address code violations. and legalize occupancy, since failure to do so means they cannot seek rent or remove tenants for nonpayment, increasing pressure to fix unsafe or illegal living conditions.

  3. Empowers local enforcement agencies. by allowing them to vacate dwellings deemed nuisances, overcrowded, or otherwise in violation, and preventing re-occupancy until the property is brought up to code, which could impact both landlords and tenants in illegal units.

  4. Potentially impacts housing availability. by making it riskier for landlords to operate illegal units—this could reduce the number of unsafe or unregulated apartments but may also temporarily displace tenants if units are vacated.

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Who cares

Headline styles

No Rent for Illegal Buildings

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Jamaal Bailey

Senator · Senate District 36

Chair, Codes

1 Co-sponsor

History

  1. Substituted by A1646
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.643
  5. Referred to housing, construction and community development

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A1646Assembly

No Rent for Illegal Units

Signed by Governor · Sponsor Pamela J. Hunter

Impact 6 · ModerateSigned into law

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2576

2019-2020 Regular Sessions

IN SENATE

January 28, 2019

Introduced by Sen. BAILEY -- 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 residence law, in relation to unlawful occupation

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The multiple residence law is amended by adding a new section 302-a to read as follows:

§ 302-a. Unlawful occupation. 1. If any dwelling or structure be occupied in whole or in part for human habitation in violation of section three hundred two of this article, no rent shall be recovered by the owner of such premises for said period, and no action for possession of said premises for nonpayment of such rent shall be maintained therefor.

2. The department charged with the enforcement of this chapter may cause to be vacated any dwelling or any part thereof which contains a nuisance as defined in section three hundred five of this article, or is occupied by more families or persons than permitted in this chapter, or is erected, altered or occupied contrary to law. Any such dwelling shall not again be occupied until it or its occupancy, as the case may be, has been made to conform to law.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04979-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.