Assembly Bill A10290A

Signed By Governor
2019-2020 Legislative Session

Prohibits certain evictions during the COVID-19 emergency

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Sponsored By

Archive: Last Bill Status Via S8192 - Signed by Governor


  • 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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Actions
Votes

Bill Amendments

co-Sponsors

2019-A10290 - Details

Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§711 & 747, add §712, RPAP L; amd §223-b, RP L; amd §5231, CPLR

2019-A10290 - Summary

Provides that no court shall issue a warrant of eviction or judgment of possession against a residential tenant that has suffered a financial hardship for the non-payment of rent that accrues or becomes due during the COVID-19 covered period.

2019-A10290 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10290
 
                           I N  A S S E M B L Y
 
                               April 8, 2020
                                ___________
 
 Introduced  by M. of A. DINOWITZ, SEAWRIGHT -- read once and referred to
   the Committee on Judiciary
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation to default of payment of rent
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. 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
 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.
   § 2. 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2019-A10290A - Details

Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§711 & 747, add §712, RPAP L; amd §223-b, RP L; amd §5231, CPLR

2019-A10290A - Summary

Provides that no court shall issue a warrant of eviction or judgment of possession against a residential tenant that has suffered a financial hardship for the non-payment of rent that accrues or becomes due during the COVID-19 covered period.

2019-A10290A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10290--A
 
                           I N  A S S E M B L Y
 
                               April 8, 2020
                                ___________
 
 Introduced  by  M.  of A. DINOWITZ, SEAWRIGHT, EPSTEIN, LENTOL, SIMOTAS,
   JAFFEE, GOTTFRIED, ORTIZ, RAMOS, SIMON -- read once  and  referred  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
 STATE DISASTER EMERGENCY, AS SUCH TERM IS DEFINED IN SECTION  TWENTY  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2019-A10290B (ACTIVE) - Details

Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§711 & 747, add §712, RPAP L; amd §223-b, RP L; amd §5231, CPLR

2019-A10290B (ACTIVE) - Summary

Provides that no court shall issue a warrant of eviction or judgment of possession against a residential tenant that has suffered a financial hardship for the non-payment of rent that accrues or becomes due during the COVID-19 covered period.

2019-A10290B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10290--B
 
                           I N  A S S E M B L Y
 
                               April 8, 2020
                                ___________
 
 Introduced  by  M.  of A. DINOWITZ, SEAWRIGHT, EPSTEIN, LENTOL, SIMOTAS,
   JAFFEE, GOTTFRIED, ORTIZ, RAMOS, SIMON -- read once  and  referred  to
   the  Committee  on  Judiciary  --  committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   again  reported from said committee with amendments, ordered reprinted
   as amended and recommitted to said committee

 AN ACT in relation to prohibiting the eviction  of  residential  tenants
   who have suffered financial hardship during the COVID-19 covered peri-
   od
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. For the purposes of this  act,  "COVID-19  covered  period"
 means  March 7, 2020 until the date on which none of the provisions that
 closed or otherwise restricted public or private businesses or places of
 public accommodation, or required postponement or  cancellation  of  all
 non-essential  gatherings  of  individuals of any size for any reason in
 Executive Orders 202.3,  202.4,  202.5,  202.6,  202.7,  202.8,  202.10,
 202.11,  202.13  or  202.14,  as extended by Executive Orders 202.28 and
 202.31 and as further extended by any future Executive Order, issued  in
 response to the COVID-19 pandemic continue to apply in the county of the
 tenant's or lawful occupant's residence.
   § 2. Notwithstanding any provision of law to the contrary:
   1.  No  court  shall  issue  a  warrant  of  eviction  or  judgment of
 possession against a residential tenant or other  lawful  occupant  that
 has suffered a financial hardship during the COVID-19 covered period for
 the  non-payment of rent that accrues or becomes due during the COVID-19
 covered period.
   2. (a) A tenant or lawful occupant may raise financial hardship during
 the COVID-19 covered period as a defense in a summary  proceeding  under
 article 7 of the real property actions and proceedings law.
   (b)  In  determining  whether  a  tenant or lawful occupant suffered a
 financial hardship during the COVID-19 covered period, the  court  shall
 consider, among other relevant factors:

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

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