S T A T E O F N E W Y O R K
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8192--A
I N S E N A T E
April 13, 2020
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Introduced by Sens. HOYLMAN, KRUEGER, MAYER, JACKSON, LIU, METZGER,
MYRIE, SAVINO, SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the real property actions and proceedings law, the real
property law, and the civil practice law and rules, in relation to
proceedings related to a tenant's default in the payment of rent
between March 7, 2020 and a date six months after the expiration of
the state COVID-19 disaster emergency
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "tenant
safe harbor act".
§ 2. Subdivision 2 of section 711 of the real property actions and
proceedings law, as amended by section 12 of part M of chapter 36 of the
laws of 2019, is amended to read as follows:
2. The tenant has defaulted in the payment of rent, pursuant to the
agreement under which the premises are held, and a written demand of the
rent has been made with at least fourteen days' notice requiring, in the
alternative, the payment of the rent, or the possession of the premises,
has been served upon him OR HER as prescribed in section seven hundred
thirty-five of this article. Any person succeeding to the landlord's
interest in the premises may proceed under this subdivision for rent due
his OR HER predecessor in interest if he OR SHE has a right thereto.
Where a tenant dies during the term of the lease and rent due has not
been paid and the apartment is occupied by a person with a claim to
possession, a proceeding may be commenced naming the occupants of the
apartment seeking a possessory judgment only as against the estate.
Entry of such a judgment shall be without prejudice to the possessory
claims of the occupants, and any warrant issued shall not be effective
as against the occupants. THIS SUBDIVISION SHALL NOT APPLY WHERE A
TENANT HAS DEFAULTED IN THE PAYMENT OF RENT DUE BETWEEN MARCH SEVENTH,
TWO THOUSAND TWENTY AND A DATE SIX MONTHS AFTER THE EXPIRATION OF THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16113-03-0
S. 8192--A 2
STATE DISASTER EMERGENCY, AS SUCH TERM IS DEFINED IN SECTION TWENTY OF
THE EXECUTIVE LAW, DECLARED PURSUANT TO EXECUTIVE ORDER TWO HUNDRED TWO
OF TWO THOUSAND TWENTY, AS AMENDED.
§ 3. Subdivision 2 of section 747 of the real property actions and
proceedings law, as added by chapter 312 of the laws of 1962, is amended
to read as follows:
2. The judgment shall not bar an action to recover the possession of
real property. The judgment shall not bar an action, proceeding or coun-
terclaim, commenced or interposed within sixty days of entry of the
judgment, for affirmative equitable relief which was not sought by coun-
terclaim in the proceeding because of the limited jurisdiction of the
court. NO JUDGMENT FOR POSSESSION SHALL BE ENTERED FROM RENT OWED
BETWEEN MARCH SEVENTH, TWO THOUSAND TWENTY AND A DATE SIX MONTHS AFTER
THE EXPIRATION OF THE STATE DISASTER EMERGENCY, AS SUCH TERM IS DEFINED
IN SECTION TWENTY OF THE EXECUTIVE LAW, DECLARED PURSUANT TO EXECUTIVE
ORDER TWO HUNDRED TWO OF TWO THOUSAND TWENTY, AS AMENDED.
§ 4. The real property actions and proceedings law is amended by
adding a new section 712 to read as follows:
§ 712. GROUNDS WHERE LANDLORD-TENANT RELATIONSHIP EXISTS; SPECIAL
PROCEEDINGS FOR RENT DUE DURING THE COVID-19 PANDEMIC. A TENANT SHALL
INCLUDE AN OCCUPANT OF ONE OR MORE ROOMS IN A ROOMING HOUSE OR A RESI-
DENT, NOT INCLUDING A TRANSIENT OCCUPANT, OF ONE OR MORE ROOMS IN A
HOTEL WHO HAS BEEN IN POSSESSION FOR THIRTY CONSECUTIVE DAYS OR LONGER.
NO TENANT OR LAWFUL OCCUPANT OF A PREMISES SHALL BE REMOVED FROM
POSSESSION IN A SPECIAL PROCEEDING MAINTAINED UNDER THIS ARTICLE UPON
THE GROUNDS OF THIS SECTION. A SPECIAL PROCEEDING FOR A JUDGMENT OF RENT
DUE MAY BE MAINTAINED WHERE THE TENANT HAS DEFAULTED IN THE PAYMENT OF
RENT, PURSUANT TO THE AGREEMENT UNDER WHICH THE PREMISES ARE HELD, WHERE
SUCH RENT WAS DUE BETWEEN MARCH SEVENTH, TWO THOUSAND TWENTY AND A DATE
SIX MONTHS AFTER THE EXPIRATION OF THE STATE DISASTER EMERGENCY, AS THAT
TERM IS DEFINED IN SECTION TWENTY OF THE EXECUTIVE LAW, DECLARED PURSU-
ANT TO EXECUTIVE ORDER TWO HUNDRED TWO OF TWO THOUSAND TWENTY, AS
AMENDED, AND A WRITTEN DEMAND OF THE RENT HAS BEEN MADE WITH AT LEAST
FOURTEEN DAYS' NOTICE REQUIRING THE PAYMENT OF THE RENT, SERVED UPON THE
TENANT AS PRESCRIBED IN SECTION SEVEN HUNDRED THIRTY-FIVE OF THIS ARTI-
CLE. ANY PERSON SUCCEEDING TO THE LANDLORD'S INTEREST IN THE PREMISES
MAY PROCEED UNDER THIS SECTION FOR RENT DUE HIS OR HER PREDECESSOR IN
INTEREST FOR THE TIME PERIOD SPECIFIED ABOVE IF HE OR SHE HAS A RIGHT
THERETO.
§ 5. Subdivisions 1, 2, 4, 5 and 6 of section 223-b of the real prop-
erty law, as amended by section 2 of part M of chapter 36 of the laws of
2019, are amended to read as follows:
1. No landlord of premises or units to which this section is applica-
ble shall serve a notice to quit upon any tenant or commence any action
to recover real property or summary proceeding to recover possession of
real property in retaliation for:
a. A good faith complaint, by or in behalf of the tenant, to the land-
lord, the landlord's agent or a governmental authority of the landlord's
alleged violation of any health or safety law, regulation, code, or
ordinance, the warranty of habitability under section two hundred thir-
ty-five-b of this article, the duty to repair under sections seventy-
eight, seventy-nine, and eighty of the multiple dwelling law or section
one hundred seventy-four of the multiple residence law, or any law or
regulation which has as its objective the regulation of premises used
for dwelling purposes or which pertains to the offense of rent gouging
in the third, second or first degree; or
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b. Actions taken in good faith, by or in behalf of the tenant, to
secure or enforce any rights under the lease or rental agreement, the
warranty of habitability under section two hundred thirty-five-b of this
article, the duty to repair under sections seventy-eight, seventy-nine,
and eighty of the multiple dwelling law or section one hundred seventy-
four of the multiple residence law, or under any other law of the state
of New York, or of its governmental subdivisions, or of the United
States which has as its objective the regulation of premises used for
dwelling purposes or which pertains to the offense of rent gouging in
the third, second or first degree; [or]
c. The tenant's participation in the activities of a tenant's organ-
ization; OR
D. THE TENANT'S FAILURE TO PAY ALL OR A PORTION OF RENT DUE BETWEEN
MARCH SEVENTH, TWO THOUSAND TWENTY AND A DATE SIX MONTHS AFTER THE EXPI-
RATION OF THE STATE DISASTER EMERGENCY, AS THAT TERM IS DEFINED IN
SECTION TWENTY OF THE EXECUTIVE LAW, DECLARED PURSUANT TO EXECUTIVE
ORDER TWO HUNDRED TWO OF TWO THOUSAND TWENTY, AS AMENDED.
2. No landlord of premises or units to which this section is applica-
ble or such landlord's agent shall substantially alter the terms of the
tenancy in retaliation for any actions set forth in paragraphs a, b,
[and] c, AND D of subdivision one of this section. Substantial alter-
ation shall include, but is not limited to, the refusal to continue a
tenancy of the tenant, upon expiration of the tenant's lease, to renew
the lease or offer a new lease, or offering a new lease with an unrea-
sonable rent increase; provided, however, that a landlord shall not be
required under this section to offer a new lease or a lease renewal for
a term greater than one year.
4. In any action to recover real property or summary proceeding to
recover possession of real property, judgment shall be entered for the
tenant if the court finds that the landlord is acting in retaliation for
any action set forth in paragraphs a, b, [and] c, AND D of subdivision
one of this section. Retaliation shall be asserted as an affirmative
defense in such action or proceeding. The tenant shall not be relieved
of the obligation to pay any rent for which he is otherwise liable.
5. In an action or proceeding instituted against a tenant of premises
or a unit to which this section is applicable, a rebuttable presumption
that the landlord is acting in retaliation shall be created if the
tenant establishes that the landlord served a notice to quit, or insti-
tuted an action or proceeding to recover possession, or attempted to
substantially alter the terms of the tenancy, within one year after:
a. A good faith complaint was made, by or in behalf of the tenant, to
the landlord, the landlord's agent or a governmental authority of the
landlord's violation of any health or safety law, regulation, code, or
ordinance, the warranty of habitability under section two hundred thir-
ty-five-b of this article, the duty to repair under sections seventy-
eight, seventy-nine, and eighty of the multiple dwelling law or section
one hundred seventy-four of the multiple residence law, or any law or
regulation which has as its objective the regulation of premises used
for dwelling purposes or which pertains to the offense of rent gouging
in the third, second or first degree; or
b. The tenant in good faith took action to secure or enforce against
the landlord or his agents any rights under the lease or rental agree-
ment, the warranty of habitability under section two hundred thirty-
five-b of this article, the duty to repair under sections seventy-eight,
seventy-nine, and eighty of the multiple dwelling law or section one
hundred seventy-four of the multiple residence law, or under any other
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law of the state of New York, or of its governmental subdivisions, or of
the United States which has as its objective the regulation of premises
used for dwelling purposes or which pertains to the offense of rent
gouging in the third, second or first degree.
c. Judgment under subdivision three or four of this section was
entered for the tenant in a previous action between the parties; or an
inspection was made, an order was entered, or other action was taken as
a result of a complaint or act described in paragraph a or b of this
subdivision.
D. THE TENANT FAILED TO PAY ALL OR A PORTION OF RENT DUE BETWEEN MARCH
SEVENTH, TWO THOUSAND TWENTY AND A DATE SIX MONTHS AFTER THE EXPIRATION
OF THE STATE DISASTER EMERGENCY, AS THAT TERM IS DEFINED IN SECTION
TWENTY OF THE EXECUTIVE LAW, DECLARED PURSUANT TO EXECUTIVE ORDER TWO
HUNDRED TWO OF TWO THOUSAND TWENTY, AS AMENDED.
The effect of the presumption shall be to require the landlord to
establish a non-retaliatory motive for his acts by a preponderance of
the evidence.
6. This section shall apply to all rental residential premises except
owner-occupied dwellings with less than four units. However, its
provisions, OTHER THAN PARAGRAPH D OF SUBDIVISION ONE OF THIS SECTION,
shall not be given effect in any case in which it is established that
the condition from which the complaint or action arose was caused by the
tenant, a member of the tenant's household, or a guest of the tenant.
Nor shall it apply in a case where a tenancy was terminated pursuant to
the terms of a lease as a result of a bona fide transfer of ownership.
§ 6. Subdivision (b) of section 5231 of the civil practice law and
rules, as amended by chapter 575 of the laws of 2008, is amended to read
as follows:
(b) Issuance. Where a judgment debtor is receiving or will receive
money from any source, an income execution for installments therefrom of
not more than ten percent thereof may be issued and delivered to the
sheriff of the county in which the judgment debtor resides or, where the
judgment debtor is a non-resident, the county in which he is employed;
provided, however, that (i) no amount shall be withheld from the judg-
ment debtor's earnings pursuant to an income execution for any week
unless the disposable earnings of the judgment debtor for that week
exceed the greater of thirty times the federal minimum hourly wage
prescribed in the Fair Labor Standards Act of 1938 or thirty times the
state minimum hourly wage prescribed in section six hundred fifty-two of
the labor law as in effect at the time the earnings are payable; (ii)
EXCEPT AS PROVIDED IN PARAGRAPH (III) OF THIS SUBDIVISION, the amount
withheld from the judgment debtor's earnings pursuant to an income
execution for any week shall not exceed twenty-five percent of the
disposable earnings of the judgment debtor for that week, or, the amount
by which the disposable earnings of the judgment debtor for that week
exceed the greater of thirty times the federal minimum hourly wage
prescribed by the Fair Labor Standards Act of 1938 or thirty times the
state minimum hourly wage prescribed in section six hundred fifty-two of
the labor law as in effect at the time the earnings are payable, which-
ever is less; (iii) WHERE THE INCOME EXECUTION IS FOR A JUDGMENT OF
RESIDENTIAL RENT DUE BETWEEN MARCH SEVENTH, TWO THOUSAND TWENTY AND A
DATE SIX MONTHS AFTER THE EXPIRATION OF THE STATE DISASTER EMERGENCY, AS
THAT TERM IS DEFINED IN SECTION TWENTY OF THE EXECUTIVE LAW, DECLARED
PURSUANT TO EXECUTIVE ORDER TWO HUNDRED TWO OF TWO THOUSAND TWENTY, AS
AMENDED, THE AMOUNT WITHHELD FROM THE JUDGMENT DEBTOR'S EARNINGS PURSU-
ANT TO AN INCOME EXECUTION FOR ANY WEEK SHALL NOT EXCEED TEN PERCENT OF
S. 8192--A 5
THE DISPOSABLE EARNINGS OF THE JUDGMENT DEBTOR FOR THAT WEEK, OR, THE
AMOUNT BY WHICH THE DISPOSABLE EARNINGS OF THE JUDGMENT DEBTOR FOR THAT
WEEK EXCEED THE GREATER OF THIRTY TIMES THE FEDERAL MINIMUM HOURLY WAGE
PRESCRIBED BY THE FAIR LABOR STANDARDS ACT OF 1938 OR THIRTY TIMES THE
STATE MINIMUM HOURLY WAGE PRESCRIBED IN SECTION SIX HUNDRED FIFTY-TWO OF
THE LABOR LAW AS IN EFFECT AT THE TIME THE EARNINGS ARE PAYABLE, WHICH-
EVER IS LESS; (IV) if the earnings of the judgment debtor are also
subject to deductions for alimony, support or maintenance for family
members or former spouses pursuant to section five thousand two hundred
forty-one or section five thousand two hundred forty-two of this arti-
cle, the amount withheld from the judgment debtor's earnings pursuant to
this section shall not exceed the amount by which twenty-five percent of
the disposable earnings of the judgment debtor for that week exceeds the
amount deducted from the judgment debtor's earnings in accordance with
section five thousand two hundred forty-one or section five thousand two
hundred forty-two of this article. Nothing in this section shall be
construed to modify, abrogate, impair, or affect any exemption from the
satisfaction of a money judgment otherwise granted by law.
§ 7. This act shall take effect immediately.
