Enacts the "tenants organizing act"; allows tenants' groups, committees or other tenants' organizations to invite outside guests or visitors including elected officials, services providers, housing lawyers, etc. without being required to pay fees; defines "tenants' organization"; provides for activities that tenants' organizations can take part in; provides for the manner in how a tenants' organization is established.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7057A
SPONSOR: Kelles TITLE OF BILL:
An act to amend the real property law, in relation to enacting the
"tenants organizing act"
PURPOSE:
To provide a structure for forming tenants' organizations in rental
properties with five or more units.
SUMMARY OF PROVISIONS:
Expands section 230 of the real property law to include definitions and
protected activities of tenants' organizations, a process for establish-
ing and being recognized, and a requirement for good faith engagement
between property owners and tenant organizations.
JUSTIFICATION:
Under current law, tenants can to form organizations to advocate for
their rights as residents of rental properties. Across the state, these
organizations have proven effective in helping improve conditions inside
rentals and, just as importantly, help to foster a stronger sense of
community., While the law provides a basic structure to allow the forma-
tion of tenants associations, there is no formal definition of what they
are, how they are registered, what rights they may or may not have, or
whether landlords must recognize or engage with such associations in
their properties. This bill will firmly establish what counts as a
tenants organization, the kinds of activities they can engage in, how
they can be established and recognized, and the kinds of good faith
engagement landlords and tenant organizations must engage in to improve
the quality of life in their communities.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
7057--A
2023-2024 Regular Sessions
IN ASSEMBLY
May 10, 2023
___________
Introduced by M. of A. KELLES -- read once and referred to the Committee
on Housing -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the real property law, in relation to enacting the
"tenants organizing act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "tenants organizing act".
3 § 2. Section 230 of the real property law, as added by chapter 809 of
4 the laws of 1975 and subdivision 2 as amended by chapter 90 of the laws
5 of 1995, is amended to read as follows:
6 § 230. Right of tenants to form, join or participate in tenants'
7 groups. 1. For the purposes of this section, the term "tenants' organ-
8 ization" means a bona fide organization of tenants who represent the
9 occupied rental units in a rental housing property with five units or
10 more, or a bona fide organization working to achieve such status.
11 Tenants' organizations may engage in the following activities, including
12 but not limited to: (a) initiating contact with tenants, including by
13 conducting door-to-door surveys, to ascertain interest in or seek
14 support for forming a tenant organization; (b) joining or supporting
15 another tenant organization; (c) distributing literature; (d) requesting
16 or providing information; (e) offering assistance; (f) convening meet-
17 ings, which may occur without a landlord or landlord representative
18 present; or (g) otherwise acting on behalf of one or more tenants in the
19 building regarding issues of common interest or concern.
20 2. No landlord shall interfere with the right of a tenant to form,
21 join or participate in the lawful activities of any group, committee or
22 other organization formed to protect the rights of tenants; nor shall
23 any landlord harass, punish, penalize, diminish, or withhold any right,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10771-08-3
A. 7057--A 2
1 benefit or privilege of a tenant under [his] their tenancy for exercis-
2 ing such right.
3 [2.] 3. Tenants' groups, committees or other tenants' organizations
4 shall have the right to meet without being required to pay a fee in any
5 location on the premises including a community or social room where use
6 is normally subject to a fee which is devoted to the common use of all
7 tenants in a peaceful manner, at reasonable hours and without obstruct-
8 ing access to the premises or facilities. No landlord shall deny such
9 right.
10 4. Tenants' groups, committees or other tenants' organizations shall
11 have the right to invite outside guests or visitors, including but not
12 limited to elected officials, service providers, and housing lawyers, to
13 their regular meetings without being required to pay a fee in any
14 location on the premises including a community or social room where use
15 is normally subject to a fee which is devoted to the common use of all
16 tenants in a peaceful manner, at reasonable hours and without obstruct-
17 ing access to the premises or facilities. No landlord shall deny such
18 right.
19 5. No landlord or an agent of a landlord shall prohibit or interfere
20 with a tenant of a rental unit in a building, or a guest invited by a
21 tenant, from engaging in lawful organizing activities.
22 6. Tenants in a building may establish a bona fide tenants' organiza-
23 tion pursuant to this section by providing their landlord with a peti-
24 tion signed by tenants representing occupied units within a building or
25 property certifying that such tenants desire to form a tenants' organ-
26 ization. A copy of such petition may also be filed with the clerk of the
27 governing municipality.
28 7. Landlords and tenants' organizations shall confer with each other
29 in good faith regarding housing conditions, community life, landlord-
30 tenant relations, and other issues of common interest or concern. Exam-
31 ples of conferring in good faith may include maintaining a designated
32 point of contact, engaging in regular communications, responding to
33 reasonable requests for information, allowing participation by non-resi-
34 dent advocates, and negotiating and putting agreements into writing. In
35 addition, a landlord shall, on written request of a tenants' organiza-
36 tion, attend either themselves or through their representative at least
37 one tenants' organization meeting every six months, although more
38 frequent attendance at the request of the tenants' organization shall be
39 permitted. Such meetings shall occur at a mutually convenient time and
40 place. To request that a landlord or their representative attend a meet-
41 ing, the tenants' organization shall send the landlord a written request
42 at least fourteen days in advance. Alternatively, if a tenants' organ-
43 ization meets at a regularly scheduled time and place, then such
44 tenants' organization may send the landlord a single standing request to
45 attend meetings for the duration of the calendar year.
46 § 3. This act shall take effect immediately.
