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A04587 Summary:

BILL NOA04587A
 
SAME ASSAME AS S06877
 
SPONSORThiele
 
COSPNSR
 
MLTSPNSR
 
Amd §7-108, Gen Ob L
 
Excludes certain seasonal use tenancies from the provisions regulating deposits and advances for residential dwelling units; defines a seasonal use lease expressly provides that: the dwelling unit is registered as a seasonal use dwelling unit, indicating the local or county government agency with which it is registered; the occupancy of the tenant is only for seasonal use not to exceed one hundred twenty days or a shorter period provided for in the lease; and such tenant has a primary residence to return to, the address of which is expressly provided in the lease; makes related provisions.
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A04587 Actions:

BILL NOA04587A
 
02/04/2021referred to judiciary
05/20/2021amend and recommit to judiciary
05/20/2021print number 4587a
05/26/2021reported referred to rules
06/02/2021reported
06/02/2021rules report cal.314
06/02/2021ordered to third reading rules cal.314
06/03/2021passed assembly
06/03/2021delivered to senate
06/03/2021REFERRED TO RULES
06/09/2021SUBSTITUTED FOR S6877
06/09/20213RD READING CAL.1669
06/09/2021PASSED SENATE
06/09/2021RETURNED TO ASSEMBLY
09/10/2021delivered to governor
09/20/2021signed chap.428
09/20/2021approval memo.20
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A04587 Committee Votes:

JUDICIARY Chair:Lavine DATE:05/26/2021AYE/NAY:21/0 Action: Favorable refer to committee Rules
LavineAyeMontesanoAye
ZebrowskiAyeNorrisAye
WeprinAyeWalshAye
BraunsteinAyeByrnesAye
QuartAyeBrownAye
SteckAyeTannousisAye
SeawrightAye
JoynerAye
AbinantiAye
WallaceAye
WalkerAye
CruzAye
McMahonAye
MitaynesAye
RajkumarAye

RULES Chair:Heastie DATE:06/02/2021AYE/NAY:30/0 Action: Favorable
HeastieAyeBarclayAye
GottfriedAyeHawleyAye
NolanExcusedGiglioAye
WeinsteinAyeBlankenbushAye
PretlowAyeNorrisAye
CookAyeMontesanoAye
GlickAyeRaAye
AubryAyeBrabenecAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleAye
BraunsteinAye
DickensAye
DavilaAye

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A04587 Floor Votes:

DATE:06/03/2021Assembly Vote  YEA/NAY: 148/0
Yes
Abbate
Yes
Clark
Yes
Frontus
Yes
Lalor
Yes
Paulin
Yes
Sillitti
Yes
Abinanti
Yes
Colton
Yes
Galef
Yes
Lavine
Yes
Peoples-Stokes
Yes
Simon
Yes
Anderson
Yes
Conrad
Yes
Gallagher
Yes
Lawler
Yes
Perry
Yes
Simpson
Yes
Angelino
Yes
Cook
Yes
Gallahan
Yes
Lemondes
Yes
Pheffer Amato
Yes
Smith
Yes
Ashby
Yes
Cruz
Yes
Gandolfo
Yes
Lunsford
Yes
Pichardo
Yes
Smullen
Yes
Aubry
Yes
Cusick
Yes
Giglio JA
Yes
Lupardo
Yes
Pretlow
Yes
Solages
Yes
Barclay
Yes
Cymbrowitz
Yes
Giglio JM
Yes
Magnarelli
Yes
Quart
Yes
Steck
Yes
Barnwell
Yes
Darling
Yes
Glick
Yes
Mamdani
Yes
Ra
Yes
Stern
Yes
Barrett
Yes
Davila
Yes
Gonzalez-Rojas
Yes
Manktelow
Yes
Rajkumar
Yes
Stirpe
Yes
Barron
Yes
De La Rosa
Yes
Goodell
Yes
McDonald
Yes
Ramos
Yes
Tague
Yes
Benedetto
Yes
DeStefano
Yes
Gottfried
Yes
McDonough
Yes
Reilly
Yes
Tannousis
Yes
Bichotte Hermel
Yes
Dickens
Yes
Griffin
Yes
McMahon
Yes
Reyes
Yes
Taylor
Yes
Blankenbush
Yes
Dilan
Yes
Gunther
Yes
Meeks
Yes
Richardson
Yes
Thiele
Yes
Brabenec
Yes
Dinowitz
Yes
Hawley
Yes
Mikulin
Yes
Rivera J
Yes
Vanel
Yes
Braunstein
Yes
DiPietro
Yes
Hevesi
Yes
Miller B
Yes
Rivera JD
Yes
Walczyk
Yes
Bronson
Yes
Durso
Yes
Hunter
Yes
Miller M
Yes
Rodriguez
Yes
Walker
Yes
Brown
Yes
Eichenstein
Yes
Hyndman
Yes
Mitaynes
Yes
Rosenthal D
Yes
Wallace
Yes
Burdick
Yes
Englebright
Yes
Jackson
Yes
Montesano
Yes
Rosenthal L
Yes
Walsh
Yes
Burgos
Yes
Epstein
Yes
Jacobson
Yes
Morinello
Yes
Rozic
Yes
Weinstein
Yes
Burke
Yes
Fahy
Yes
Jean-Pierre
Yes
Niou
Yes
Salka
Yes
Weprin
Yes
Buttenschon
Yes
Fall
Yes
Jensen
ER
Nolan
Yes
Santabarbara
Yes
Williams
Yes
Byrne
Yes
Fernandez
Yes
Jones
Yes
Norris
Yes
Sayegh
Yes
Woerner
Yes
Byrnes
Yes
Fitzpatrick
Yes
Joyner
Yes
O'Donnell
Yes
Schmitt
Yes
Zebrowski
Yes
Cahill
ER
Forrest
Yes
Kelles
Yes
Otis
Yes
Seawright
Yes
Zinerman
Yes
Carroll
Yes
Friend
Yes
Kim
Yes
Palmesano
Yes
Septimo
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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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.
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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.
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