New York State Assembly

 
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A04587 Summary:

A04587 Actions:

A04587 Committee Votes:

Committee:JUDICIARY   Chair:Lavine      
DATE:05/26/2021AYE/NAY:21/0  Action: Favorable refer to committee Rules        
Lavine
Aye
Montesano
Aye
Zebrowski
Aye
Norris
Aye
Weprin
Aye
Walsh
Aye
Braunstein
Aye
Byrnes
Aye
Quart
Aye
Brown
Aye
Steck
Aye
Tannousis
Aye
Seawright
Aye
Joyner
Aye
Abinanti
Aye
Wallace
Aye
Walker
Aye
Cruz
Aye
McMahon
Aye
Mitaynes
Aye
Rajkumar
Aye

Committee:RULES   Chair:Heastie      
DATE:06/02/2021AYE/NAY:30/0  Action: Favorable         
Heastie
Aye
Barclay
Aye
Gottfried
Aye
Hawley
Aye
Nolan
Excused
Giglio
Aye
Weinstein
Aye
Blankenbush
Aye
Pretlow
Aye
Norris
Aye
Cook
Aye
Montesano
Aye
Glick
Aye
Ra
Aye
Aubry
Aye
Brabenec
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye

A04587 Floor Votes:

A04587 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A4587A
 
SPONSOR: Thiele

 
TITLE OF BILL:
 
An act to amend the general obligations law, in relation to excluding
certain seasonal use tenancies from the provisions regulating deposits
and advances for residential dwelling units
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To clarify that certain seasonal use tenancies are excluded from the
provisions regulating deposits and advances for residential dwelling
units.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section 1. Amends subdivision 1 of Section 7-108 of the general obli-
gations law by adding new subdivisions 4 and 5 to exclude from the
provisions regulating deposits and advances residential dwelling units
where the lease expressly provides that the dwelling unit is registered
as a seasonal use welling unit, the occupancy, of the tenant is only for
seasonal use not to exceed 120 days, and such tenant has a primary
address to return to. The dwelling unit must register with the appropri-
ate local government, county or state registry as a seasonal use dwell-
ing. Such dwelling unit cannot be rented as a seasonal use dwelling for
more than 120 days per year
 
Section 2. Provides for an immediate effective date.
 
 
JUSTIFICATION:
 
The enacted Housing Stability and Tenant Protection Act of 2019 (HSTPA)
provides sweeping housing reforms to protect tenants in relation to
permanent residential housing. One of the provisions states that a land-
lord cannot demand a "deposit or advance" in excess of one month's rent.
Despite the clear intent of the State Legislature that this act was to
apply to permanent housing, some have opined that the "security and
advance" limitation could also be applied to seasonal use tenancies. To
date, the State Attorney General, who is responsible for enforcing the
law, has offered no opinion on whether the act would apply to seasonal
use rentals.
 
It is common practice on the East End of Long Island and in other vaca-
tion destinations across New York State to require a single payment for
the entire term of a seasonal use rental. If the act were to be applied
to seasonal use rentals, that practice would not be permitted. Such a
prohibition would have a significant and unnecessary adverse impact on
the seasonal use rental market and the state's tourist economy. Single
payments for vacation rentals have never presented an issue for tenants.
Application of this provision to seasonal use rentals would cause
significant economic injury without providing any commensurate public
benefit.
 
This legislation would make clear that the provisions of the HSTPA
relating to security and advances does not apply to residential dwelling
units where the lease expressly provides that the dwelling unit is a
seasonal use dwelling unit, as registered with the appropriate local
government, county or state registry. These new subdivisions provide
that the occupancy of the tenant of such dwelling unit is for seasonal
use only, for a period not to exceed 120 days, and that such tenant has
a primary residence to return to, the address of which is expressly
provided in the lease. Dwelling units registered as seasonal use dwell-
ing units cannot be rented as a seasonal use dwelling unit for more than
120 days in each calendar year.
 
 
PRIOR LEGISLATIVE HISTORY:
 
2019: A.8546/S.6689
 
 
FISCAL IMPLICATIONS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect immediately.

A04587 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4587--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2021
                                       ___________
 
        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on  Judiciary -- committee discharged, bill amended, ordered reprinted
          as amended and recommitted to said committee
 
        AN ACT to amend the general obligations law, in  relation  to  excluding
          certain seasonal use tenancies from the provisions regulating deposits
          and advances for residential dwelling units
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (a) of subdivision 1-a of section  7-108  of  the
     2  general  obligations law, as added by section 25 of part M of chapter 36
     3  of the laws of 2019, is amended and two new subdivisions  4  and  5  are
     4  added to read as follows:
     5    (a)  No deposit or advance shall exceed the amount of one month's rent
     6  [under such contract] unless the deposit or advance is  for  a  seasonal
     7  use  dwelling unit as provided for in subdivisions four and five of this
     8  section.
     9    4.  A dwelling unit shall qualify as a seasonal use dwelling unit  for
    10  the  purpose of paragraph (a) of subdivision one-a of this section if it
    11  meets all of the following conditions:
    12    (a) The lease expressly provides that: (i) the dwelling unit is regis-
    13  tered as a seasonal use dwelling unit, indicating the  local  or  county
    14  government agency with which it is registered; (ii) the occupancy of the
    15  tenant is only for seasonal use not to exceed one hundred twenty days or
    16  a  shorter period provided for in the lease; and (iii) such tenant has a
    17  primary residence to return  to,  the  address  of  which  is  expressly
    18  provided in the lease.
    19    (b)  Such  dwelling  unit  is  registered  with  the appropriate local
    20  government, county, or state registry as  a  seasonal  use  dwelling  as
    21  provided for in subdivision five of this section.
    22    (c)  Such  dwelling unit is not rented as a seasonal use dwelling unit
    23  for more than one hundred twenty days during each calendar year.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08958-04-1
        A. 4587--A                          2
 
     1    5. In order for a dwelling unit to qualify as a seasonal use  dwelling
     2  unit  for  the  purpose  of  paragraph  (a) of subdivision one-a of this
     3  section, the local government with jurisdiction  for  building  adminis-
     4  tration over such unit, the county in which such unit is located, or the
     5  state  shall have adopted a seasonal use dwelling unit registry and such
     6  unit shall be registered by filing a copy of the seasonal use lease  and
     7  such  additional  information  as the local government, county, or state
     8  agency that administers such registry may require.  Such  local  govern-
     9  ment,  county,  or  state  agency shall revoke the seasonal use dwelling
    10  unit registration of any dwelling unit  that  does  not  adhere  to  the
    11  conditions provided for in subdivision four of this section.
    12    § 2. This act shall take effect immediately.