Bill Text: NY A01891 | 2017-2018 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to liability and related penalties for illegal conversion.

Spectrum: Moderate Partisan Bill (Democrat 13-2)

Status: (Introduced - Dead) 2018-04-10 - enacting clause stricken [A01891 Detail]

Download: New_York-2017-A01891-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         1891--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 13, 2017
                                       ___________
        Introduced  by  M.  of  A. HARRIS, HYNDMAN, BLAKE, M. G. MILLER, COLTON,
          HOOPER, D'URSO, SIMON, THIELE, JAFFEE,  MONTESANO,  ABBATE  --  Multi-
          Sponsored by -- M. of A. COOK -- read once and referred to the Commit-
          tee   on  Housing  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the multiple dwelling  law  and  the  limited  liability
          company  law,  in  relation  to  liability  and  penalties for illegal
          conversion
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  multiple  dwelling  law  is  amended by adding a new
     2  section 170-b to read as follows:
     3    § 170-b. Illegal conversion. 1. For the purposes of this  section,  an
     4  illegal  conversion  shall  mean  any  change in the structural parts or
     5  existing facilities of any building, including, but not limited to,  the
     6  subdivision  of rooms, or erection or demolition of walls, or the moving
     7  of any building from one location or position to another,  in  violation
     8  of  any state or local law, ordinance, code or rule or regulation relat-
     9  ing to real property, buildings or multiple dwellings.
    10    2. In the case of an illegal conversion authorized or undertaken by  a
    11  limited  liability  corporation, the attorney general may, in his or her
    12  discretion, apply to the supreme court of the county in which  the  real
    13  property that is subject of such illegal conversion lies, for judicially
    14  decreed dissolution pursuant to section seven hundred two of the limited
    15  liability company law.
    16    §  2.  Section  702 of the limited liability company law is amended to
    17  read as follows:
    18    § 702. Judicial dissolution.  1. On application by or  for  a  member,
    19  the  supreme  court  in the judicial district in which the office of the
    20  limited liability company is located may decree dissolution of a limited
    21  liability company whenever it is not reasonably practicable to carry  on
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01554-02-7
        A. 1891--A                          2
     1  the  business in conformity with the articles of organization or operat-
     2  ing agreement. A certified copy of the order  of  dissolution  shall  be
     3  filed  by  the applicant with the department of state within thirty days
     4  of its issuance.
     5     2.  On  application by the attorney general, the supreme court in the
     6  judicial district in which the office of the limited  liability  company
     7  is located may decree dissolution of a limited liability company whenev-
     8  er  such company is found to have violated the provisions of section one
     9  hundred seventy-b of the multiple dwelling law.
    10    § 3. This act shall take effect immediately.