New York 2025-2026 Regular Session

New York Senate Bill S01745

Introduced
1/13/25  
Refer
1/13/25  

Caption

Provides that the term "landlord" when used in the real property law, shall not include or apply to any corporation, entity or organization, hereinafter known as a "cooperative entity" that is or is operating for the purpose of providing housing and/or residences for its shareholders by leasing or subleasing to such shareholders, under proprietary leases or occupancy agreements or subleases of such leases or occupancy agreements of apartments or residences in the buildings or premises owned by such cooperative entities; makes related provisions for the term "tenant".

Summary

Bill S01745 amends the real property law in New York to redefine the terms 'landlord' and 'tenant' as they pertain to cooperative housing entities. Specifically, it states that the term 'landlord' shall not apply to any cooperative entity that provides housing to its shareholders through proprietary leases or occupancy agreements. Similarly, it clarifies that 'tenant' does not include shareholders or subtenants of these cooperative entities unless explicitly stated otherwise in legislation. This change aims to provide clarity in the legal framework governing cooperative housing arrangements.

Impact

The bill's passage would significantly impact the legal interpretation of landlord-tenant relationships within cooperative housing arrangements in New York. By excluding cooperative entities from the definition of landlords, it may alter the rights and responsibilities typically associated with landlord-tenant laws, potentially affecting lease agreements, tenant protections, and dispute resolutions involving cooperative shareholders. This could lead to a re-evaluation of existing cooperative housing regulations and practices.

Sentiment

The sentiment surrounding Bill S01745 appears to be mixed, with some stakeholders expressing support for the clarification it provides in the cooperative housing sector, while others raise concerns about the implications for tenant rights and protections. The lack of voting history and committee discussions makes it difficult to gauge the overall consensus among legislators and the public.

Contention

Notable points of contention include concerns from tenant advocacy groups who argue that the bill may weaken protections for individuals living in cooperative housing by removing them from the traditional landlord-tenant framework. In contrast, proponents of the bill, including some cooperative housing associations, argue that it is necessary to recognize the unique nature of cooperative living arrangements and to prevent unnecessary legal complications.

Companion Bills

NY A01701

Same As Provides that the term "landlord" when used in the real property law, shall not include or apply to any corporation, entity or organization, hereinafter known as a "cooperative entity" that is or is operating for the purpose of providing housing and/or residences for its shareholders by leasing or subleasing to such shareholders, under proprietary leases or occupancy agreements or subleases of such leases or occupancy agreements of apartments or residences in the buildings or premises owned by such cooperative entities; makes related provisions for the term "tenant".

Previously Filed As

NY A01701

Provides that the term "landlord" when used in the real property law, shall not include or apply to any corporation, entity or organization, hereinafter known as a "cooperative entity" that is or is operating for the purpose of providing housing and/or residences for its shareholders by leasing or subleasing to such shareholders, under proprietary leases or occupancy agreements or subleases of such leases or occupancy agreements of apartments or residences in the buildings or premises owned by such cooperative entities; makes related provisions for the term "tenant".

NY S09574

Provides that either party may be awarded attorneys' fees in the event of a default judgment in an action or summary proceeding arising out of leases of residential property where a tenant is a dwelling unit owner or shareholder of a cooperative housing corporation and the recovery of attorneys' fees is provided for in the proprietary lease or occupancy agreement.

NY A10798

Provides that either party may be awarded attorneys' fees in the event of a default judgment in an action or summary proceeding arising out of leases of residential property where a tenant is a dwelling unit owner or shareholder of a cooperative housing corporation and the recovery of attorneys' fees is provided for in the proprietary lease or occupancy agreement.

NY S07977

Extends protections to tenants of cooperative housing entities by expanding the definition of landlord to include cooperative entities; defines cooperative entities.

NY S09575

Provides that fees may be sought in certain summary proceedings between a cooperative housing corporation and a shareholder or occupant when the lease or occupancy agreement provides for the recovery of fees, legal fees, charges, surcharges, penalties, or assessments other than rent.

NY A10799

Provides that fees may be sought in certain summary proceedings between a cooperative housing corporation and a shareholder or occupant when the lease or occupancy agreement provides for the recovery of fees, legal fees, charges, surcharges, penalties, or assessments other than rent.

NY S09572

Requires at least one director on a board of directors of a residential cooperative housing corporation be a primary resident of such residential cooperative housing corporation; prohibits the charging of payments, fees or charges by cooperative housing corporations without thirty days written notice to such cooperative housing corporation's shareholders.

NY A10983

Requires at least one director on a board of directors of a residential cooperative housing corporation be a primary resident of such residential cooperative housing corporation; prohibits the charging of payments, fees or charges by cooperative housing corporations without thirty days written notice to such cooperative housing corporation's shareholders.

NY A10311

Requires a procedure for notification of a family member of a tenant or cooperator in the case that their application to succeed a lease or occupancy agreement is denied by a limited-profit housing company.

NY S10517

Requires a procedure for notification of a family member of a tenant or cooperator in the case that their application to succeed a lease or occupancy agreement is denied by a limited-profit housing company.

Similar Bills

No similar bills found.