Bill Text: NY S02810 | 2023-2024 | General Assembly | Introduced

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Bill Title: Authorizes the temporary occupancy, for compensation, of a class A multiple dwelling that is a cooperative or condominium unit under certain conditions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S02810 Detail]

Download: New_York-2023-S02810-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2810

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 24, 2023
                                       ___________

        Introduced  by  Sen.  LANZA  -- 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 relating to clarifying
          certain provisions relating to the occupancy of certain class A multi-
          ple dwellings

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

     1    Section 1. Subparagraph 1 of paragraph a of subdivision 8 of section 4
     2  of  the  multiple dwelling law, as amended by chapter 225 of the laws of
     3  2010, is amended to read as follows:
     4    (1) (A) occupancy of such dwelling unit for fewer than thirty  consec-
     5  utive  days  by other natural persons living within the household of the
     6  permanent occupant such as house guests or lawful boarders,  roomers  or
     7  lodgers; [or]
     8    (B)  incidental  and  occasional  occupancy  of such dwelling unit for
     9  fewer than thirty consecutive days by other  natural  persons  when  the
    10  permanent  occupants are temporarily absent for personal reasons such as
    11  vacation or medical  treatment,  provided  that  there  is  no  monetary
    12  compensation paid to the permanent occupants for such occupancy[.]; or
    13    (C)  incidental  and  occasional  occupancy  in  exchange for monetary
    14  compensation in a cooperative or condominium unit occupied by owners  or
    15  tenant-shareholders  for  fewer  than  thirty  consecutive days by other
    16  natural persons when the permanent occupant is  temporarily  absent  for
    17  personal reasons, such as vacation or medical treatment, provided that:
    18    (i) the dwelling unit or stock allocated to the dwelling unit is owned
    19  by  or  for  the benefit of a natural person who resides in the dwelling
    20  unit as his or her primary or secondary residence;
    21    (ii) the owner of the dwelling unit or stock and the  permanent  occu-
    22  pant  does  not own or control any other class A multiple dwelling being

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02331-01-3
        S. 2810                             2

     1  occupied or made available for occupancy for fewer than  thirty  consec-
     2  utive days by other natural persons;
     3    (iii) the incidental and occasional occupancy in exchange for monetary
     4  compensation in the dwelling unit for fewer than thirty consecutive days
     5  does not exceed ninety total days in any one calendar year; and
     6    (iv)  all  applicable state and local taxes and fees are collected and
     7  remitted in accordance with applicable law.
     8    Nothing in this clause shall be construed to  abrogate  or  annul  the
     9  by-laws  of a cooperative or condominium nor restrict a building owner's
    10  rights or the authority of a governing board that has been duly  elected
    11  by the owners or tenant-shareholders of a cooperative or condominium.
    12    § 2. This act shall take effect immediately.