Bill Text: NY A06940 | 2009-2010 | General Assembly | Amended

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Bill Title: Prohibits interruption of services in certain "would-be" interim multiple dwellings if such unit is used for residential purposes with the knowledge and consent of the owner; provides that any essential services which have customarily been provided to the spaces occupied for residential purposes shall not be interrupted or discontinued except for repairs which shall be performed in a reasonably expedient manner or in the case of an emergency or by order of a court or other governmental instrumentality; provides, if the services have been interrupted or discontinued, the owner must permit the restoration of such services for so long as residential occupancy continues.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed - Dead) 2010-04-13 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [A06940 Detail]

Download: New_York-2009-A06940-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6940--A
                                                               Cal. No. 461
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 17, 2009
                                      ___________
       Introduced  by  M.  of  A. V. LOPEZ, LENTOL, MILLMAN, GLICK, KAVANAGH --
         Multi-Sponsored by -- M. of A. BARRON, GOTTFRIED,  ROSENTHAL  --  read
         once and referred to the Committee on Housing -- reported from commit-
         tee,  advanced  to  a  third  reading,  amended and ordered reprinted,
         retaining its place on the order of third reading
       AN ACT in relation to prohibiting interruption of services in "would-be"
         interim multiple dwellings
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Prohibition  of service interruption. 1. In the case of a
    2  unit in a building which would be covered by the provisions  of  article
    3  7-C  of  the  multiple  dwelling  law, as the provisions of such article
    4  existed on January 1, 2010, but for the limitations contained  in  para-
    5  graph  (iii) of subdivision 1, paragraph (i), (iii), or (iv) of subdivi-
    6  sion 2, or subdivision 3 or 4 of section 281 of such  article,  if  such
    7  unit  is used for residential purposes with the knowledge and consent of
    8  the owner, any essential services which have customarily  been  provided
    9  to the spaces occupied for residential purposes shall not be interrupted
   10  or  discontinued,  except  for  repairs  which  shall  be performed in a
   11  reasonably expedient manner or in the case of an emergency or  by  order
   12  of  a  court or other governmental instrumentality. If the services have
   13  been interrupted or discontinued, the owner must permit the  restoration
   14  of such services for so long as residential occupancy continues.
   15    2.  This  act shall not in any way grant any rights of continued occu-
   16  pancy or any other rights to such occupants or  prevent  an  owner  from
   17  lawfully removing such occupants pursuant to court order.
   18    3.  Any agreement that waives or limits the benefits of this act shall
   19  be deemed as void as against public policy.
   20    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10322-02-0