Assembly Bill A5539

2009-2010 Legislative Session

Requires certain public housing authorities to establish an innocent tenant protection act applicable to tenants of public and federally assisted housing

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A5539 (ACTIVE) - Details

Current Committee:
Assembly Housing
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add ยง711-a, RPAP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3580
2013-2014: A3446
2015-2016: A4306
2017-2018: A4369
2019-2020: A4991

2009-A5539 (ACTIVE) - Summary

Establishes an innocent tenant protection act applicable to tenants of public and federally assisted housing; prevents honest, hardworking family members from being evicted when other family members are involved in illegal acts.

2009-A5539 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5539

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of  A. TITUS, SCARBOROUGH, COOK, JEFFRIES, BENJAMIN,
  WRIGHT, POWELL, ROBINSON, BOYLAND -- Multi-Sponsored by --  M.  of  A.
  CLARK,  DIAZ, FARRELL, GLICK, GOTTFRIED, JOHN, LAVINE, MILLMAN, PERRY,
  J. RIVERA, N. RIVERA, ROSENTHAL, TOWNS, WEISENBERG --  read  once  and
  referred to the Committee on Housing

AN  ACT  to  amend  the  real  property  actions and proceedings law, in
  relation to requiring that certain public housing  authorities  estab-
  lish an innocent tenant protection act applicable to tenants of public
  and federally assisted housing

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. The legislature finds that it is imper-
ative that the  forty-nine  public  housing  authorities  in  the  state
provide that any criminal activities that threaten the health, safety or
right  to  peaceful enjoyment of the premises, engaged in by a tenant of
public or federally assisted housing, and members of the tenants' house-
hold, or any guest or other person under the tenants' control, shall  be
cause for termination of tenancy. The legislature further finds that law
abiding tenants are vulnerable to "One-Strike" evictions given the poli-
cy's  breadth  and  the United States Supreme Court's decision in UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT V.  DAVIS. Anyone who
leases public or assisted housing is a potential target of  "One-Strike"
evictions. It is of little consequence that a tenant may be law abiding,
despise  drug activity or have made his or her home a drug-free environ-
ment. Any link to guest or family members involved in drug  activity  on
or  off  the public housing premises can trigger eviction. Therefore the
legislature finds the adoption of  an  innocent  tenant  protection  act
vital to law abiding tenants of public and federally assisted housing in
New York state.
  S  2.  The  real  property  actions  and proceedings law is amended by
adding a new section 711-a to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07559-01-9
              

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