NY State Senate Bill 2019-S2892B

Archive: Last Bill Status - In Senate Committee Judiciary 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 06, 2020	print number 2892b
Feb 06, 2020	amend and recommit to judiciary
Jan 08, 2020	referred to judiciary
Mar 06, 2019	print number 2892a
Mar 06, 2019	amend and recommit to judiciary
Jan 30, 2019	referred to judiciary

Bill Amendments

Original

B (Active)

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2019-S2892 - Details

See Assembly Version of this Bill:: A5030
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add Art 6-A §§210 - 216, RP L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S3082, A5573
2023-2024: S305, A4454

2019-S2892 - Summary

Prohibits eviction without good cause.

2019-S2892 - Sponsor Memo

                                
 
BILL NUMBER: S2892

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the real property law, in relation to prohibiting
eviction without good cause

 
PURPOSE:

The purpose of this legislation is to prohibit the eviction of residen-
tial tenants or the non-renewal of residential leases without good
cause.

 
SUMMARY OF PROVISIONS:

Section one adds a new Article 6-A to the real property law titled
Prohibition of Eviction Without Good Cause, with the following sections:

Section 1: A new section 210 provides that the short title of this arti-
cle is the "Prohibition of eviction without good cause law".

Section 211 provides definitions of the following terms used in the
statute: "housing accommodation", "landlord", "tenant", "rent", and
"disabled person".

A new section 212 states Article 6-A is applicable to all housing accom-
modations, except for owner-occupied premises with less than four units,
premises sublet pursuant to RPL 226-b where the sublessor seeks in good
faith to recover possession for his/her personal use and occupancy,
premises incident to employment when such employment is being lawfully
terminated, and premises otherwise subject to regulation of rent or
evictions pursuant to state or federal law to the extent such state or
federal law requires good cause for termination or non-renewal.

A new section 213 prohibits landlords from taking any action to evict,
fail to renew a lease, or otherwise seek to remove a tenant from housing
accommodation except for good cause.

A new section 214 (1) sets forth permissible grounds for the removal of
tenants, including the failure to pay rent, the violation of a substan-
tial obligation of the tenancy, committing or permitting a nuisance,
permitting the premises to be used for an illegal purpose, or if, under
certain conditions, the to be premises are to be personally occupied by
the landlord or close relatives of the landlord as their primary resi-
dence. Section 214 (2) creates a private right of action for tenants
requires to surrender housing accommodations if a landlord makes a frau-
dulent statement regarding a proposed use of the housing accommodation
for personal or family use.  214 (3) provides that tenants' rights
pursuant to RPAPL 751 to stay the issuance or execution of a warrant of
eviction, so long as the tenant complies with the procedural require-
ments of said law.

A new section 215 preserves existing requirements of law relating to
eviction proceedings.

A new section 216 provides that any waiver of the rights provided by
this Article is void.

Section 2 provides that this Act will take effect immediately.

 
EXISTING LAW:

New Bill

 
JUSTIFICATION:

Today, many residential tenants from across New York State are being
evicted for unjustifiable reasons. Residential renter-tenants, consti-
tuting the biggest constituency in our state, they lack basic rights
that will allow them to renew their expiring lease and to not be priced
out of their homes.

Landlords across our state are displacing tenants in order to gain high-
er profits. The de facto evictions happen via non-renewal of their leas-
es. These non-renewals are displacing individuals and families n order
for owners to rent out their units to higher income tenants. This bill
will prohibit landlords from evicting tenants without their being a good
cause (which is outlined in Section 214).

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This Act shall take effect immediately.

2019-S2892 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2892
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2019
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the  real  property  law,  in  relation  to  prohibiting
   eviction without good cause
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property law is amended by adding  a  new  article
 6-A to read as follows:
                                ARTICLE 6-A
                PROHIBITION OF EVICTION WITHOUT GOOD CAUSE
 SECTION 210. SHORT TITLE.
         211. DEFINITIONS.
         212. APPLICABILITY.
         213. NECESSITY FOR GOOD CAUSE.
         214. GROUNDS FOR REMOVAL OF TENANTS.
         215. PRESERVATION OF EXISTING REQUIREMENTS OF LAW.
         216. WAIVER OF RIGHTS VOID.
   § 210. SHORT TITLE. THIS ARTICLE SHALL BE CITED AS THE "PROHIBITION OF
 EVICTION WITHOUT GOOD CAUSE LAW".
   §  211.  DEFINITIONS.  1. THE TERM "HOUSING ACCOMMODATION", AS USED IN
 THIS ARTICLE SHALL MEAN ANY RESIDENTIAL  PREMISES,  INCLUDING  A  MOBILE
 HOME OR LAND IN A MOBILE HOME PARK.
   2.  THE  TERM "LANDLORD" AS USED IN THIS ARTICLE SHALL MEAN ANY OWNER,
 LESSOR, SUBLESSOR, ASSIGNOR, OR OTHER PERSON RECEIVING  OR  ENTITLED  TO
 RECEIVE  RENT FOR THE OCCUPANCY OF ANY HOUSING ACCOMMODATION OR AN AGENT
 OF ANY OF THE FOREGOING.
   3. THE TERM "TENANT" AS USED IN THIS  ARTICLE  SHALL  MEAN  A  TENANT,
 SUB-TENANT,  LESSEE,  SUBLESSEE,  ASSIGNEE,  MANUFACTURED HOME TENANT AS
 DEFINED IN PARAGRAPH ONE OF SUBDIVISION A OF SECTION TWO  HUNDRED  THIR-
 TY-THREE  OF  THIS  CHAPTER,  AN OCCUPANT OF A ROOMING HOUSE OR HOTEL AS
 DEFINED IN SECTION SEVEN HUNDRED ELEVEN OF THE REAL PROPERTY ACTIONS AND

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

                                                            LBD07492-01-9

 S. 2892                             2
 
 PROCEEDINGS LAW OR ANY OTHER PERSON ENTITLED TO THE POSSESSION,  USE  OR
 OCCUPANCY OF ANY HOUSING ACCOMMODATION.
   4.  THE  TERM  "RENT" AS USED IN THIS ARTICLE SHALL MEAN ANY CONSIDER-
 ATION, INCLUDING ANY BONUS, BENEFIT OR GRATUITY DEMANDED OR RECEIVED FOR
 OR IN CONNECTION WITH THE POSSESSION, USE OR OCCUPANCY OF HOUSING ACCOM-
 MODATIONS OR THE EXECUTION OR TRANSFER  OF  A  LEASE  FOR  SUCH  HOUSING
 ACCOMMODATIONS.
   5.  THE  TERM  "DISABLED  PERSON" AS USED IN THIS ARTICLE SHALL MEAN A
 PERSON WHO HAS AN IMPAIRMENT WHICH RESULTS FROM  ANATOMICAL,  PHYSIOLOG-
 ICAL  OR  PSYCHOLOGICAL  CONDITIONS,  OTHER  THAN  ADDICTION TO ALCOHOL,
 GAMBLING,  OR  ANY  CONTROLLED  SUBSTANCE,  WHICH  ARE  DEMONSTRABLE  BY
 MEDICALLY  ACCEPTABLE CLINICAL AND LABORATORY DIAGNOSTIC TECHNIQUES, AND
 WHICH ARE EXPECTED TO BE PERMANENT AND WHICH SUBSTANTIALLY LIMIT ONE  OR
 MORE OF SUCH PERSON'S MAJOR LIFE ACTIVITIES.
   § 212. APPLICABILITY. THIS ARTICLE SHALL APPLY TO ALL HOUSING ACCOMMO-
 DATIONS EXCEPT:
   1. OWNER-OCCUPIED PREMISES WITH LESS THAN FOUR UNITS;
   2.  PREMISES  SUBLET  PURSUANT  TO SECTION TWO HUNDRED TWENTY-SIX-B OF
 THIS CHAPTER, OR OTHERWISE, WHERE THE SUBLESSOR SEEKS IN GOOD  FAITH  TO
 RECOVER  POSSESSION  OF  SUCH HOUSING ACCOMMODATION FOR HIS OWN PERSONAL
 USE AND OCCUPANCY;
   3. PREMISES THE POSSESSION, USE OR OCCUPANCY OF WHICH IS SOLELY  INCI-
 DENT TO EMPLOYMENT AND SUCH EMPLOYMENT IS BEING LAWFULLY TERMINATED; AND
   4.  PREMISES  OTHERWISE  SUBJECT  TO  REGULATION OF RENTS OR EVICTIONS
 PURSUANT TO STATE OR FEDERAL LAW TO THE EXTENT THAT SUCH STATE OR FEDER-
 AL LAW REQUIRES "GOOD CAUSE" FOR  TERMINATION  OR  NON-RENEWAL  OF  SUCH
 TENANCIES.
   § 213. NECESSITY FOR GOOD CAUSE. NO LANDLORD SHALL, BY ACTION TO EVICT
 OR  TO  RECOVER  POSSESSION, BY EXCLUSION FROM POSSESSION, BY FAILURE TO
 RENEW ANY LEASE, OR OTHERWISE, REMOVE ANY TENANT FROM  HOUSING  ACCOMMO-
 DATIONS COVERED BY SECTION TWO HUNDRED TWELVE OF THIS ARTICLE EXCEPT FOR
 GOOD CAUSE AS DEFINED IN SECTION TWO HUNDRED FOURTEEN OF THIS ARTICLE.
   §  214.  GROUNDS FOR REMOVAL OF TENANTS. 1. NO LANDLORD SHALL REMOVE A
 TENANT FROM ANY HOUSING ACCOMMODATION, OR ATTEMPT SUCH REMOVAL OR EXCLU-
 SION FROM POSSESSION, NOTWITHSTANDING THAT THE  TENANT  HAS  NO  WRITTEN
 LEASE  OR THAT THE LEASE OR OTHER RENTAL AGREEMENT HAS EXPIRED OR OTHER-
 WISE TERMINATED, EXCEPT UPON ORDER OF A COURT OF COMPETENT  JURISDICTION
 ENTERED  IN  AN  APPROPRIATE  JUDICIAL ACTION OR PROCEEDING IN WHICH THE
 PETITIONER OR PLAINTIFF HAS ESTABLISHED ONE OF THE FOLLOWING GROUNDS  AS
 GOOD CAUSE FOR REMOVAL OR EVICTION:
   (A)  THE TENANT HAS FAILED TO PAY RENT DUE AND OWING, PROVIDED HOWEVER
 THAT THE RENT DUE AND OWING, OR ANY PART THEREOF, DID NOT RESULT FROM  A
 RENT  INCREASE  WHICH  IS  UNCONSCIONABLE  OR IMPOSED FOR THE PURPOSE OF
 CIRCUMVENTING THE INTENT OF THIS ARTICLE. IN DETERMINING WHETHER ALL  OR
 PART  OF  THE RENT DUE AND OWING IS THE RESULT OF AN UNCONSCIONABLE RENT
 INCREASE, IT SHALL BE A REBUTTABLE  PRESUMPTION  THAT  THE  RENT  FOR  A
 DWELLING NOT PROTECTED BY RENT REGULATION IS UNCONSCIONABLE IF SAID RENT
 HAS  BEEN  INCREASED  IN ANY CALENDAR YEAR BY A PERCENTAGE EXCEEDING ONE
 AND ONE-HALF TIMES THE ANNUAL PERCENTAGE CHANGE IN  THE  CONSUMER  PRICE
 INDEX  FOR  THE REGION IN WHICH THE HOUSING ACCOMMODATION IS LOCATED, AS
 ESTABLISHED THE AUGUST PRECEDING THE CALENDAR YEAR IN QUESTION;
   (B) THE TENANT IS VIOLATING A SUBSTANTIAL OBLIGATION  OF  HIS  OR  HER
 TENANCY,  OTHER  THAN  THE  OBLIGATION  TO SURRENDER POSSESSION, AND HAS
 FAILED TO CURE SUCH VIOLATION AFTER WRITTEN NOTICE  THAT  THE  VIOLATION
 CEASE WITHIN TEN DAYS OF RECEIPT OF SUCH WRITTEN NOTICE, PROVIDED HOWEV-

 S. 2892                             3
 
 ER,  THAT  THE  OBLIGATION OF TENANCY FOR WHICH VIOLATION IS CLAIMED WAS
 NOT IMPOSED FOR THE PURPOSE OF CIRCUMVENTING THE INTENT OF THIS ARTICLE;
   (C)  THE TENANT IS COMMITTING_OR PERMITTING A NUISANCE IN SUCH HOUSING
 ACCOMMODATION, OR IS MALICIOUSLY OR BY REASON OF NEGLIGENCE DAMAGING THE
 HOUSING ACCOMMODATION; OR THE TENANT'S CONDUCT IS SUCH AS  TO  INTERFERE
 WITH  THE  COMFORT  OF THE LANDLORD OR OTHER TENANTS OR OCCUPANTS OF THE
 SAME OR ADJACENT BUILDINGS OR STRUCTURES;
   (D) OCCUPANCY OF  THE  HOUSING  ACCOMMODATION  BY  THE  TENANT  IS  IN
 VIOLATION OF OR CAUSES A VIOLATION OF LAW AND THE LANDLORD IS SUBJECT TO
 CIVIL  OR  CRIMINAL PENALTIES THEREFORE; PROVIDED HOWEVER THAT AN AGENCY
 OF THE STATE OR MUNICIPALITY HAVING JURISDICTION  HAS  ISSUED  AN  ORDER
 REQUIRING  THE  TENANT  TO  VACATE  THE HOUSING ACCOMMODATION. NO TENANT
 SHALL BE REMOVED FROM POSSESSION OF  A  HOUSING  ACCOMMODATION  ON  SUCH
 GROUND  UNLESS  THE  COURT  FINDS  THAT THE CURE OF THE VIOLATION OF LAW
 REQUIRES THE REMOVAL OF THE TENANT AND THAT THE LANDLORD DID NOT THROUGH
 NEGLECT OR DELIBERATE ACTION OR FAILURE  TO  ACT  CREATE  THE  CONDITION
 NECESSITATING THE VACATE ORDER. IN INSTANCES WHERE THE LANDLORD DOES NOT
 UNDERTAKE  TO  CURE CONDITIONS OF THE HOUSING ACCOMMODATION CAUSING SUCH
 VIOLATION OF THE LAW, THE TENANT SHALL HAVE THE RIGHT TO PAY  OR  SECURE
 PAYMENT  IN  A  MANNER SATISFACTORY TO THE COURT, TO CURE SUCH VIOLATION
 PROVIDED THAT ANY TENANT EXPENDITURES SHALL BE APPLIED AGAINST  RENT  TO
 WHICH  THE  LANDLORD IS ENTITLED. IN INSTANCES WHERE REMOVAL OF A TENANT
 IS ABSOLUTELY ESSENTIAL TO HIS OR HER HEALTH AND SAFETY, THE REMOVAL  OF
 THE TENANT SHALL BE WITHOUT PREJUDICE TO ANY LEASEHOLD INTEREST OR OTHER
 RIGHT  OF OCCUPANCY THE TENANT MAY HAVE AND THE TENANT SHALL BE ENTITLED
 TO RESUME POSSESSION AT SUCH TIME AS THE DANGEROUS CONDITIONS HAVE  BEEN
 REMOVED. NOTHING HEREIN SHALL ABROGATE OR OTHERWISE LIMIT THE RIGHT OF A
 TENANT  TO  BRING AN ACTION FOR MONETARY DAMAGES AGAINST THE LANDLORD TO
 COMPEL COMPLIANCE BY THE LANDLORD WITH ALL APPLICABLE STATE OR MUNICIPAL
 LAWS OR HOUSING CODES;
   (E) THE TENANT IS USING OR PERMITTING THE HOUSING ACCOMMODATION TO  BE
 USED FOR AN ILLEGAL PURPOSE;
   (F)  THE  TENANT  HAS  UNREASONABLY REFUSED THE LANDLORD ACCESS TO THE
 HOUSING ACCOMMODATION FOR THE PURPOSE OF  MAKING  NECESSARY  REPAIRS  OR
 IMPROVEMENTS  REQUIRED  BY LAW OR FOR THE PURPOSE OF SHOWING THE HOUSING
 ACCOMMODATION TO A PROSPECTIVE  PURCHASER,  MORTGAGEE  OR  OTHER  PERSON
 HAVING A LEGITIMATE INTEREST THEREIN;
   (G)  THE LANDLORD SEEKS IN GOOD FAITH TO RECOVER POSSESSION OF A HOUS-
 ING ACCOMMODATION LOCATED IN A BUILDING  CONTAINING  FEWER  THAN  TWELVE
 UNITS  BECAUSE  OF IMMEDIATE AND COMPELLING NECESSITY FOR HIS OR HER OWN
 PERSONAL USE AND OCCUPANCY AS HIS OR HER  PRINCIPAL  RESIDENCE,  OR  THE
 PERSONAL  USE AND OCCUPANCY AS PRINCIPAL RESIDENCE OF HIS OR HER SPOUSE,
 PARENT, CHILD, STEPCHILD, FATHER-IN-LAW OR MOTHER-IN-LAW, WHEN NO  OTHER
 SUITABLE HOUSING ACCOMMODATION IN SUCH BUILDING IS AVAILABLE. THIS PARA-
 GRAPH  SHALL PERMIT RECOVERY OF ONLY ONE HOUSING ACCOMMODATION AND SHALL
 NOT APPLY TO A HOUSING ACCOMMODATION OCCUPIED BY A TENANT WHO IS  SIXTY-
 TWO YEARS OF AGE OR OLDER OR WHO IS A DISABLED PERSON;
   (H)  THE  LANDLORD SEEKS IN GOOD FAITH TO RECOVER POSSESSION OF ANY OR
 ALL HOUSING ACCOMMODATIONS LOCATED IN A BUILDING  WITH  LESS  THAN  FIVE
 UNITS  TO  PERSONALLY  OCCUPY  SUCH HOUSING ACCOMMODATIONS AS HIS OR HER
 PRINCIPAL RESIDENCE.
   2. A TENANT REQUIRED TO SURRENDER A HOUSING ACCOMMODATION BY VIRTUE OF
 THE OPERATION OF PARAGRAPH (G) OR (H) OF SUBDIVISION ONE OF THIS SECTION
 SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT JURISDICTION  FOR
 DAMAGES,  DECLARATORY,  AND  INJUNCTIVE  RELIEF  AGAINST  A  LANDLORD OR
 PURCHASER OF THE PREMISES WHO MAKES A FRAUDULENT STATEMENT  REGARDING  A

 S. 2892                             4
 
 PROPOSED  USE  OF THE HOUSING ACCOMMODATION. IN ANY ACTION OR PROCEEDING
 BROUGHT PURSUANT TO THIS PROVISION A PREVAILING TENANT SHALL BE ENTITLED
 TO RECOVERY OF ACTUAL DAMAGES, AND REASONABLE ATTORNEYS' FEES.
   3.  NOTHING IN THIS SECTION SHALL ABROGATE OR LIMIT THE TENANT'S RIGHT
 PURSUANT TO SECTION SEVEN HUNDRED FIFTY-ONE OF THE REAL PROPERTY ACTIONS
 AND PROCEEDINGS LAW TO PERMANENTLY STAY THE ISSUANCE OR EXECUTION  OF  A
 WARRANT  OR EVICTION IN A SUMMARY PROCEEDING, WHETHER CHARACTERIZED AS A
 NONPAYMENT, OBJECTIONABLE TENANCY, OR HOLDOVER PROCEEDING, THE  UNDERLY-
 ING  BASIS  OF  WHICH  IS  THE NONPAYMENT OF RENT, SO LONG AS THE TENANT
 COMPLIES WITH THE  PROCEDURAL  REQUIREMENTS  OF  SECTION  SEVEN  HUNDRED
 FIFTY-ONE OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW.
   §  215.  PRESERVATION OF EXISTING REQUIREMENTS OF LAW. NO ACTION SHALL
 BE MAINTAINABLE AND NO JUDGMENT OF POSSESSION SHALL BE ENTERED FOR HOUS-
 ING ACCOMMODATIONS PURSUANT TO SECTION  TWO  HUNDRED  FOURTEEN  OF  THIS
 ARTICLE,  UNLESS  THE  LANDLORD HAS COMPLIED WITH ANY AND ALL APPLICABLE
 LAWS GOVERNING SUCH ACTION OR PROCEEDING AND HAS COMPLIED WITH  ANY  AND
 ALL APPLICABLE LAWS GOVERNING NOTICE TO TENANTS, INCLUDING WITHOUT LIMI-
 TATION  THE  MANNER  AND  THE  TIME  OF  SERVICE  OF SUCH NOTICE AND THE
 CONTENTS OF SUCH NOTICE.
   § 216. WAIVER OF RIGHTS VOID. ANY AGREEMENT BY A TENANT HERETOFORE  OR
 HEREINAFTER  ENTERED  INTO  IN A WRITTEN LEASE OR OTHER RENTAL AGREEMENT
 WAIVING OR MODIFYING HIS OR HER RIGHTS AS  SET  FORTH  IN  THIS  ARTICLE
 SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
   § 2. This act shall take effect immediately and shall apply to actions
 and proceedings commenced on or after such effective date.

co-Sponsors

View additional co-sponsors

2019-S2892A - Details

See Assembly Version of this Bill:: A5030
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add Art 6-A §§210 - 216, RP L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S3082, A5573
2023-2024: S305, A4454

2019-S2892A - Summary

Prohibits eviction without good cause.

2019-S2892A - Sponsor Memo

                                
 
BILL NUMBER: S2892A

SPONSOR: SALAZAR
 
TITLE OF BILL:  An act to amend the real property law, in relation to
prohibiting eviction without good cause

 
PURPOSE::

The purpose of this legislation is to prohibit the eviction of residen-
tial tenants or the non-renewal of residential leases without good
cause.

 
SUMMARY OF PROVISIONS::

Section one adds a new Article 6-A to the real property law titled
Prohibition of Eviction Without Good Cause, with the following sections:

Section 1: A new section 210 provides that the short title of this arti-
cle is the "Prohibition of eviction without good cause law".  Section
211 provides definitions of the following terms used in the statute:
"housing accommodation", "landlord", "tenant", "rent", and "disabled

person".

A new section 212 states Article 6-A is applicable to all housing accom-
modations, except for owner-occupied premises with less than four units,
premises sublet pursuant to RPL 226-b where the sublessor seeks in good
faith to recover possession for his/her personal use and occupancy,
premises incident to employment when such employment is being lawfully
terminated, and premises otherwise subject to regulation of rent or
evictions pursuant to state or federal law to the extent such state or
federal law requires good cause for termination or non-renewal.

A new section 213 prohibits landlords from taking any action to evict,
fail to renew a lease, or otherwise seek to remove a tenant from housing
accommodation except for good cause.

A new section 214 (1) sets forth permissible grounds for the removal of
tenants, including the failure to pay rent, the violation of a substan-
tial obligation of the tenancy, committing or permitting a nuisance,
permitting the premises to be used for an illegal purpose, or if, under
certain conditions, the to be premises are to be personally occupied by
the landlord or close relatives of the landlord as their primary resi-
dence. Section 214 (2) creates a private right of action for tenants
requires to surrender housing accommodations if a landlord makes a frau-
dulent statement regarding a proposed use of the housing accommodation
for personal or family use. 214 (3) provides that tenants' rights pursu-
ant to RPAPL 751 to stay the issuance or execution of a warrant of
eviction, so long as the tenant complies with the procedural require-
ments of said law.

A new section 215 preserves existing requirements of law relating to
eviction proceedings.

A new section 216 provides that any waiver of the rights provided by
this Article is void and adds severability clause.

Section 2 provides that this Act will take effect immediately.

 
EXISTING LAW::
New Bill

 
JUSTIFICATION::

Today, many residential tenants from across New York State are being
evicted for unjustifiable reasons. Residential renter-tenants, consti-
tuting the biggest constituency in our state, they lack basic rights
that will allow them to renew their expiring lease and to not be priced
out of their homes.

Landlords across our state are displacing tenants in order to gain high-
er profits. The de facto evictions happen via non-renewal of their leas-
es. These non-renewals are displacing individuals and families in order
for owners to rent out their units to higher income tenants.  This bill
will prohibit landlords from evicting tenants without their being a good
cause (which is outlined in Section 214).

 
LEGISLATIVE HISTORY::

New Bill

 
FISCAL IMPLICATIONS::

None

 
LOCAL FISCAL IMPLICATIONS::

None

 
EFFECTIVE DATE::

This Act shall take effect immediately.

2019-S2892A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2892--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2019
                                ___________
 
 Introduced  by  Sens. SALAZAR, STAVISKY, BIAGGI, BRESLIN, HOYLMAN, JACK-
   SON, KAVANAGH, LIU, MAY, MONTGOMERY, RAMOS, RIVERA,  SERRANO  --  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  law, in relation to prohibiting
   eviction without good cause
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  real property law is amended by adding a new article
 6-A to read as follows:
                                ARTICLE 6-A
                PROHIBITION OF EVICTION WITHOUT GOOD CAUSE
 SECTION 210. SHORT TITLE.
         211. DEFINITIONS.
         212. APPLICABILITY.
         213. NECESSITY FOR GOOD CAUSE.
         214. GROUNDS FOR REMOVAL OF TENANTS.
         215. PRESERVATION OF EXISTING REQUIREMENTS OF LAW.
         216. WAIVER OF RIGHTS VOID.
   § 210. SHORT TITLE. THIS ARTICLE SHALL BE CITED AS THE "PROHIBITION OF
 EVICTION WITHOUT GOOD CAUSE LAW".
   § 211. DEFINITIONS. 1. THE TERM "HOUSING ACCOMMODATION",  AS  USED  IN
 THIS  ARTICLE  SHALL  MEAN  ANY RESIDENTIAL PREMISES, INCLUDING A MOBILE
 HOME OR LAND IN A MOBILE HOME PARK.
   2. THE TERM "LANDLORD" AS USED IN THIS ARTICLE SHALL MEAN  ANY  OWNER,
 LESSOR,  SUBLESSOR,  ASSIGNOR,  OR OTHER PERSON RECEIVING OR ENTITLED TO
 RECEIVE RENT FOR THE OCCUPANCY OF ANY HOUSING ACCOMMODATION OR AN  AGENT
 OF ANY OF THE FOREGOING.
   3.  THE  TERM  "TENANT"  AS  USED IN THIS ARTICLE SHALL MEAN A TENANT,
 SUB-TENANT, LESSEE, SUBLESSEE, ASSIGNEE,  MANUFACTURED  HOME  TENANT  AS

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

                                                            LBD07492-02-9

 S. 2892--A                          2
 
 DEFINED  IN  PARAGRAPH ONE OF SUBDIVISION A OF SECTION TWO HUNDRED THIR-
 TY-THREE OF THIS CHAPTER, AN OCCUPANT OF A ROOMING  HOUSE  OR  HOTEL  AS
 DEFINED IN SECTION SEVEN HUNDRED ELEVEN OF THE REAL PROPERTY ACTIONS AND
 PROCEEDINGS  LAW  OR ANY OTHER PERSON ENTITLED TO THE POSSESSION, USE OR
 OCCUPANCY OF ANY HOUSING ACCOMMODATION.
   4. THE TERM "RENT" AS USED IN THIS ARTICLE SHALL  MEAN  ANY  CONSIDER-
 ATION, INCLUDING ANY BONUS, BENEFIT OR GRATUITY DEMANDED OR RECEIVED FOR
 OR IN CONNECTION WITH THE POSSESSION, USE OR OCCUPANCY OF HOUSING ACCOM-
 MODATIONS  OR  THE  EXECUTION  OR  TRANSFER  OF A LEASE FOR SUCH HOUSING
 ACCOMMODATIONS.
   5. THE TERM "DISABLED PERSON" AS USED IN THIS  ARTICLE  SHALL  MEAN  A
 PERSON  WHO  HAS AN IMPAIRMENT WHICH RESULTS FROM ANATOMICAL, PHYSIOLOG-
 ICAL OR PSYCHOLOGICAL  CONDITIONS,  OTHER  THAN  ADDICTION  TO  ALCOHOL,
 GAMBLING,  OR  ANY  CONTROLLED  SUBSTANCE,  WHICH  ARE  DEMONSTRABLE  BY
 MEDICALLY ACCEPTABLE CLINICAL AND LABORATORY DIAGNOSTIC TECHNIQUES,  AND
 WHICH  ARE EXPECTED TO BE PERMANENT AND WHICH SUBSTANTIALLY LIMIT ONE OR
 MORE OF SUCH PERSON'S MAJOR LIFE ACTIVITIES.
   § 212. APPLICABILITY. THIS ARTICLE SHALL APPLY TO ALL HOUSING ACCOMMO-
 DATIONS EXCEPT:
   1. OWNER-OCCUPIED PREMISES WITH LESS THAN FOUR UNITS;
   2. PREMISES SUBLET PURSUANT TO SECTION  TWO  HUNDRED  TWENTY-SIX-B  OF
 THIS  CHAPTER,  OR OTHERWISE, WHERE THE SUBLESSOR SEEKS IN GOOD FAITH TO
 RECOVER POSSESSION OF SUCH HOUSING ACCOMMODATION FOR  HIS  OWN  PERSONAL
 USE AND OCCUPANCY;
   3.  PREMISES THE POSSESSION, USE OR OCCUPANCY OF WHICH IS SOLELY INCI-
 DENT TO EMPLOYMENT AND SUCH EMPLOYMENT IS BEING LAWFULLY TERMINATED; AND
   4. PREMISES OTHERWISE SUBJECT TO  REGULATION  OF  RENTS  OR  EVICTIONS
 PURSUANT TO STATE OR FEDERAL LAW TO THE EXTENT THAT SUCH STATE OR FEDER-
 AL  LAW  REQUIRES  "GOOD  CAUSE"  FOR TERMINATION OR NON-RENEWAL OF SUCH
 TENANCIES.
   § 213. NECESSITY FOR GOOD CAUSE. NO LANDLORD SHALL, BY ACTION TO EVICT
 OR TO RECOVER POSSESSION, BY EXCLUSION FROM POSSESSION,  BY  FAILURE  TO
 RENEW  ANY  LEASE, OR OTHERWISE, REMOVE ANY TENANT FROM HOUSING ACCOMMO-
 DATIONS COVERED BY SECTION TWO HUNDRED TWELVE OF THIS ARTICLE EXCEPT FOR
 GOOD CAUSE AS DEFINED IN SECTION TWO HUNDRED FOURTEEN OF THIS ARTICLE.
   § 214. GROUNDS FOR REMOVAL OF TENANTS. 1. NO LANDLORD SHALL  REMOVE  A
 TENANT FROM ANY HOUSING ACCOMMODATION, OR ATTEMPT SUCH REMOVAL OR EXCLU-
 SION  FROM  POSSESSION,  NOTWITHSTANDING  THAT THE TENANT HAS NO WRITTEN
 LEASE OR THAT THE LEASE OR OTHER RENTAL AGREEMENT HAS EXPIRED OR  OTHER-
 WISE  TERMINATED, EXCEPT UPON ORDER OF A COURT OF COMPETENT JURISDICTION
 ENTERED IN AN APPROPRIATE JUDICIAL ACTION OR  PROCEEDING  IN  WHICH  THE
 PETITIONER  OR PLAINTIFF HAS ESTABLISHED ONE OF THE FOLLOWING GROUNDS AS
 GOOD CAUSE FOR REMOVAL OR EVICTION:
   (A) THE TENANT HAS FAILED TO PAY RENT DUE AND OWING, PROVIDED  HOWEVER
 THAT  THE RENT DUE AND OWING, OR ANY PART THEREOF, DID NOT RESULT FROM A
 RENT INCREASE WHICH IS UNCONSCIONABLE OR  IMPOSED  FOR  THE  PURPOSE  OF
 CIRCUMVENTING  THE INTENT OF THIS ARTICLE. IN DETERMINING WHETHER ALL OR
 PART OF THE RENT DUE AND OWING IS THE RESULT OF AN  UNCONSCIONABLE  RENT
 INCREASE,  IT  SHALL  BE  A  REBUTTABLE  PRESUMPTION THAT THE RENT FOR A
 DWELLING NOT PROTECTED BY RENT REGULATION IS UNCONSCIONABLE IF SAID RENT
 HAS BEEN INCREASED IN ANY CALENDAR YEAR BY A  PERCENTAGE  EXCEEDING  ONE
 AND  ONE-HALF  TIMES  THE ANNUAL PERCENTAGE CHANGE IN THE CONSUMER PRICE
 INDEX FOR THE REGION IN WHICH THE HOUSING ACCOMMODATION IS  LOCATED,  AS
 ESTABLISHED THE AUGUST PRECEDING THE CALENDAR YEAR IN QUESTION;
   (B)  THE  TENANT  IS  VIOLATING A SUBSTANTIAL OBLIGATION OF HIS OR HER
 TENANCY, OTHER THAN THE OBLIGATION  TO  SURRENDER  POSSESSION,  AND  HAS

 S. 2892--A                          3
 
 FAILED  TO  CURE  SUCH VIOLATION AFTER WRITTEN NOTICE THAT THE VIOLATION
 CEASE WITHIN TEN DAYS OF RECEIPT OF SUCH WRITTEN NOTICE, PROVIDED HOWEV-
 ER, THAT THE OBLIGATION OF TENANCY FOR WHICH VIOLATION  IS  CLAIMED  WAS
 NOT IMPOSED FOR THE PURPOSE OF CIRCUMVENTING THE INTENT OF THIS ARTICLE;
   (C)  THE TENANT IS COMMITTING_OR PERMITTING A NUISANCE IN SUCH HOUSING
 ACCOMMODATION, OR IS MALICIOUSLY OR BY REASON OF NEGLIGENCE DAMAGING THE
 HOUSING ACCOMMODATION; OR THE TENANT'S CONDUCT IS SUCH AS  TO  INTERFERE
 WITH  THE  COMFORT  OF THE LANDLORD OR OTHER TENANTS OR OCCUPANTS OF THE
 SAME OR ADJACENT BUILDINGS OR STRUCTURES;
   (D) OCCUPANCY OF  THE  HOUSING  ACCOMMODATION  BY  THE  TENANT  IS  IN
 VIOLATION OF OR CAUSES A VIOLATION OF LAW AND THE LANDLORD IS SUBJECT TO
 CIVIL  OR  CRIMINAL PENALTIES THEREFORE; PROVIDED HOWEVER THAT AN AGENCY
 OF THE STATE OR MUNICIPALITY HAVING JURISDICTION  HAS  ISSUED  AN  ORDER
 REQUIRING  THE  TENANT  TO  VACATE  THE HOUSING ACCOMMODATION. NO TENANT
 SHALL BE REMOVED FROM POSSESSION OF  A  HOUSING  ACCOMMODATION  ON  SUCH
 GROUND  UNLESS  THE  COURT  FINDS  THAT THE CURE OF THE VIOLATION OF LAW
 REQUIRES THE REMOVAL OF THE TENANT AND THAT THE LANDLORD DID NOT THROUGH
 NEGLECT OR DELIBERATE ACTION OR FAILURE  TO  ACT  CREATE  THE  CONDITION
 NECESSITATING THE VACATE ORDER. IN INSTANCES WHERE THE LANDLORD DOES NOT
 UNDERTAKE  TO  CURE CONDITIONS OF THE HOUSING ACCOMMODATION CAUSING SUCH
 VIOLATION OF THE LAW, THE TENANT SHALL HAVE THE RIGHT TO PAY  OR  SECURE
 PAYMENT  IN  A  MANNER SATISFACTORY TO THE COURT, TO CURE SUCH VIOLATION
 PROVIDED THAT ANY TENANT EXPENDITURES SHALL BE APPLIED AGAINST  RENT  TO
 WHICH  THE  LANDLORD IS ENTITLED. IN INSTANCES WHERE REMOVAL OF A TENANT
 IS ABSOLUTELY ESSENTIAL TO HIS OR HER HEALTH AND SAFETY, THE REMOVAL  OF
 THE TENANT SHALL BE WITHOUT PREJUDICE TO ANY LEASEHOLD INTEREST OR OTHER
 RIGHT  OF OCCUPANCY THE TENANT MAY HAVE AND THE TENANT SHALL BE ENTITLED
 TO RESUME POSSESSION AT SUCH TIME AS THE DANGEROUS CONDITIONS HAVE  BEEN
 REMOVED. NOTHING HEREIN SHALL ABROGATE OR OTHERWISE LIMIT THE RIGHT OF A
 TENANT  TO  BRING AN ACTION FOR MONETARY DAMAGES AGAINST THE LANDLORD TO
 COMPEL COMPLIANCE BY THE LANDLORD WITH ALL APPLICABLE STATE OR MUNICIPAL
 LAWS OR HOUSING CODES;
   (E) THE TENANT IS USING OR PERMITTING THE HOUSING ACCOMMODATION TO  BE
 USED FOR AN ILLEGAL PURPOSE;
   (F)  THE  TENANT  HAS  UNREASONABLY REFUSED THE LANDLORD ACCESS TO THE
 HOUSING ACCOMMODATION FOR THE PURPOSE OF  MAKING  NECESSARY  REPAIRS  OR
 IMPROVEMENTS  REQUIRED  BY LAW OR FOR THE PURPOSE OF SHOWING THE HOUSING
 ACCOMMODATION TO A PROSPECTIVE  PURCHASER,  MORTGAGEE  OR  OTHER  PERSON
 HAVING A LEGITIMATE INTEREST THEREIN;
   (G)  THE LANDLORD SEEKS IN GOOD FAITH TO RECOVER POSSESSION OF A HOUS-
 ING ACCOMMODATION LOCATED IN A BUILDING  CONTAINING  FEWER  THAN  TWELVE
 UNITS  BECAUSE  OF IMMEDIATE AND COMPELLING NECESSITY FOR HIS OR HER OWN
 PERSONAL USE AND OCCUPANCY AS HIS OR HER  PRINCIPAL  RESIDENCE,  OR  THE
 PERSONAL  USE AND OCCUPANCY AS PRINCIPAL RESIDENCE OF HIS OR HER SPOUSE,
 PARENT, CHILD, STEPCHILD, FATHER-IN-LAW OR MOTHER-IN-LAW, WHEN NO  OTHER
 SUITABLE HOUSING ACCOMMODATION IN SUCH BUILDING IS AVAILABLE. THIS PARA-
 GRAPH  SHALL PERMIT RECOVERY OF ONLY ONE HOUSING ACCOMMODATION AND SHALL
 NOT APPLY TO A HOUSING ACCOMMODATION OCCUPIED BY A TENANT WHO IS  SIXTY-
 TWO YEARS OF AGE OR OLDER OR WHO IS A DISABLED PERSON;
   (H)  THE  LANDLORD SEEKS IN GOOD FAITH TO RECOVER POSSESSION OF ANY OR
 ALL HOUSING ACCOMMODATIONS LOCATED IN A BUILDING  WITH  LESS  THAN  FIVE
 UNITS  TO  PERSONALLY  OCCUPY  SUCH HOUSING ACCOMMODATIONS AS HIS OR HER
 PRINCIPAL RESIDENCE.
   2. A TENANT REQUIRED TO SURRENDER A HOUSING ACCOMMODATION BY VIRTUE OF
 THE OPERATION OF PARAGRAPH (G) OR (H) OF SUBDIVISION ONE OF THIS SECTION
 SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT JURISDICTION  FOR

 S. 2892--A                          4
 
 DAMAGES,  DECLARATORY,  AND  INJUNCTIVE  RELIEF  AGAINST  A  LANDLORD OR
 PURCHASER OF THE PREMISES WHO MAKES A FRAUDULENT STATEMENT  REGARDING  A
 PROPOSED  USE  OF THE HOUSING ACCOMMODATION. IN ANY ACTION OR PROCEEDING
 BROUGHT PURSUANT TO THIS PROVISION A PREVAILING TENANT SHALL BE ENTITLED
 TO RECOVERY OF ACTUAL DAMAGES, AND REASONABLE ATTORNEYS' FEES.
   3.  NOTHING IN THIS SECTION SHALL ABROGATE OR LIMIT THE TENANT'S RIGHT
 PURSUANT TO SECTION SEVEN HUNDRED FIFTY-ONE OF THE REAL PROPERTY ACTIONS
 AND PROCEEDINGS LAW TO PERMANENTLY STAY THE ISSUANCE OR EXECUTION  OF  A
 WARRANT  OR EVICTION IN A SUMMARY PROCEEDING, WHETHER CHARACTERIZED AS A
 NONPAYMENT, OBJECTIONABLE TENANCY, OR HOLDOVER PROCEEDING, THE  UNDERLY-
 ING  BASIS  OF  WHICH  IS  THE NONPAYMENT OF RENT, SO LONG AS THE TENANT
 COMPLIES WITH THE  PROCEDURAL  REQUIREMENTS  OF  SECTION  SEVEN  HUNDRED
 FIFTY-ONE OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW.
   §  215.  PRESERVATION OF EXISTING REQUIREMENTS OF LAW. NO ACTION SHALL
 BE MAINTAINABLE AND NO JUDGMENT OF POSSESSION SHALL BE ENTERED FOR HOUS-
 ING ACCOMMODATIONS PURSUANT TO SECTION  TWO  HUNDRED  FOURTEEN  OF  THIS
 ARTICLE,  UNLESS  THE  LANDLORD HAS COMPLIED WITH ANY AND ALL APPLICABLE
 LAWS GOVERNING SUCH ACTION OR PROCEEDING AND HAS COMPLIED WITH  ANY  AND
 ALL APPLICABLE LAWS GOVERNING NOTICE TO TENANTS, INCLUDING WITHOUT LIMI-
 TATION  THE  MANNER  AND  THE  TIME  OF  SERVICE  OF SUCH NOTICE AND THE
 CONTENTS OF SUCH NOTICE.
   § 216. WAIVER OF RIGHTS VOID. ANY AGREEMENT BY A TENANT HERETOFORE  OR
 HEREINAFTER  ENTERED  INTO  IN A WRITTEN LEASE OR OTHER RENTAL AGREEMENT
 WAIVING OR MODIFYING HIS OR HER RIGHTS AS  SET  FORTH  IN  THIS  ARTICLE
 SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
   § 2. Severability. If any provision of this act, or any application of
 any  provision of this act, is held to be invalid, that shall not affect
 the validity or effectiveness of any other provision of this act, or  of
 any  other  application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   § 3. This act shall take effect immediately and shall apply to actions
 and proceedings commenced on or after such effective date.

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2019-S2892B (ACTIVE) - Details

See Assembly Version of this Bill:: A5030
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add Art 6-A §§210 - 216, RP L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S3082, A5573
2023-2024: S305, A4454

2019-S2892B (ACTIVE) - Summary

Prohibits eviction without good cause.

2019-S2892B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2892B              REVISED 02/07/2020

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the real property law, in relation to prohibiting
eviction without good cause

 
PURPOSE:

The purpose of this legislation is to prohibit the eviction of residen-
tial tenants or the non-renewal of residential leases without good
cause.

 
SUMMARY OF PROVISIONS:

Section one adds a new Article 6-A to the real property law titled
Prohibition of Eviction Without Good Cause, with the following sections:

Section 1: A new section 210 provides that the short title of this arti-
cle is the "Prohibition of eviction without good cause law".

A new Section 211 provides definitions of the following terms used in
the statute: "housing accommodation", "landlord", "tenant", "rent", and
"disabled person".

A new section 212 states Article 6-A is applicable to all housing accom-
modations, except for owner-occupied premises with less than four units,
premises sublet pursuant to RPL 226-b where the sublessor seeks in good
faith to recover possession for his/her personal use and occupancy,
premises incident to employment when such employment is being lawfully
terminated, and premises otherwise subject to regulation of rent or
evictions pursuant to state or federal law to the extent such state or
federal law requires good cause for termination or non-renewal.

A new section 213 prohibits landlords from taking any action to evict,
fail to renew a lease, or otherwise seek to remove a tenant from housing
accommodation except for good cause.

A new section 214 (1) sets forth permissible grounds for the removal of
tenants, including the failure to pay rent, the violation of a substan-
tial obligation of the tenancy, committing or permitting a nuisance,
permitting the premises to be used for an illegal purpose, or if, under
certain conditions, the to be premises are to be personally occupied by
the landlord or close relatives of the landlord as their primary resi-
dence. A rent increase is presumed to be unreasonable and, therefore,
not a basis for eviction, if it is greater than 3% or 1.5% of the
Consumer Price Index whichever is higher. Section 214 (2) creates a
private right of action for tenants required to surrender housing accom-
modations if a landlord makes a fraudulent statement regarding a
proposed use of the housing accommodation for personal or family use.
214 (3) provides that a tenant's rights pursuant to RPAPL 751 to stay
the issuance or execution of a warrant of eviction remain in force, so
long as the tenant complies with the procedural requirements of said
law.  A new section 215 preserves existing requirements of law relating
to eviction proceedings.

A new section 216 provides that any waiver of the rights provided by
this Article is void.
Section 2 is a severability provision.

Section 3 provides that this Act will take effect immediately.

 
EXISTING LAW:

New Bill

 
JUSTIFICATION:

Today, many residential tenants from across New York State are being
evicted for unjustifiable reasons. Residential renter-tenants, consti-
tuting the biggest constituency in our state, they lack basic rights
that will allow them to renew their expiring lease and to not be priced
out of their homes.

Landlords across our state are displacing tenants in order to gain high-
er profits. The de facto evictions happen via non-renewal of their leas-
es. These non-renewals are displacing individuals and families in order
for owners to rent out their units to higher income tenants. This bill
will prohibit landlords from evicting tenants without their being a good
cause (which is defined in Section 214).

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:  None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This Act shall take effect immediately.

2019-S2892B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2892--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2019
                                ___________
 
 Introduced  by Sens. SALAZAR, STAVISKY, BAILEY, BIAGGI, BRESLIN, CARLUC-
   CI, GIANARIS, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAVANAGH,  KRUEG-
   ER,  LIU,  MAY,  MAYER,  MONTGOMERY,  MYRIE,  PARKER,  RAMOS,  RIVERA,
   SANDERS, SEPULVEDA, SERRANO -- read twice  and  ordered  printed,  and
   when  printed to be committed to the Committee on Judiciary -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted  to said committee -- recommitted to the Committee on Judiciary
   in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend  the  real  property  law, in relation to prohibiting
   eviction without good cause
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  real property law is amended by adding a new article
 6-A to read as follows:
                                ARTICLE 6-A
                PROHIBITION OF EVICTION WITHOUT GOOD CAUSE
 SECTION 210. SHORT TITLE.
         211. DEFINITIONS.
         212. APPLICABILITY.
         213. NECESSITY FOR GOOD CAUSE.
         214. GROUNDS FOR REMOVAL OF TENANTS.
         215. PRESERVATION OF EXISTING REQUIREMENTS OF LAW.
         216. WAIVER OF RIGHTS VOID.
   § 210. SHORT TITLE. THIS ARTICLE SHALL BE CITED AS THE "PROHIBITION OF
 EVICTION WITHOUT GOOD CAUSE LAW".
   § 211. DEFINITIONS. 1. THE TERM "HOUSING ACCOMMODATION",  AS  USED  IN
 THIS  ARTICLE  SHALL  MEAN  ANY RESIDENTIAL PREMISES, INCLUDING A MOBILE
 HOME OR LAND IN A MOBILE HOME PARK.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07492-06-0

 S. 2892--B                          2
 
   2. THE TERM "LANDLORD" AS USED IN THIS ARTICLE SHALL MEAN  ANY  OWNER,
 LESSOR,  SUBLESSOR,  ASSIGNOR,  OR OTHER PERSON RECEIVING OR ENTITLED TO
 RECEIVE RENT FOR THE OCCUPANCY OF ANY HOUSING ACCOMMODATION OR AN  AGENT
 OF ANY OF THE FOREGOING.
   3.  THE  TERM  "TENANT"  AS  USED IN THIS ARTICLE SHALL MEAN A TENANT,
 SUB-TENANT, LESSEE, SUBLESSEE, ASSIGNEE,  MANUFACTURED  HOME  TENANT  AS
 DEFINED  IN  PARAGRAPH ONE OF SUBDIVISION A OF SECTION TWO HUNDRED THIR-
 TY-THREE OF THIS CHAPTER, AN OCCUPANT OF A ROOMING  HOUSE  OR  HOTEL  AS
 DEFINED IN SECTION SEVEN HUNDRED ELEVEN OF THE REAL PROPERTY ACTIONS AND
 PROCEEDINGS  LAW  OR ANY OTHER PERSON ENTITLED TO THE POSSESSION, USE OR
 OCCUPANCY OF ANY HOUSING ACCOMMODATION.
   4. THE TERM "RENT" AS USED IN THIS ARTICLE SHALL  MEAN  ANY  CONSIDER-
 ATION, INCLUDING ANY BONUS, BENEFIT OR GRATUITY DEMANDED OR RECEIVED FOR
 OR IN CONNECTION WITH THE POSSESSION, USE OR OCCUPANCY OF HOUSING ACCOM-
 MODATIONS  OR  THE  EXECUTION  OR  TRANSFER  OF A LEASE FOR SUCH HOUSING
 ACCOMMODATIONS.
   5. THE TERM "DISABLED PERSON" AS USED IN THIS  ARTICLE  SHALL  MEAN  A
 PERSON  WHO  HAS AN IMPAIRMENT WHICH RESULTS FROM ANATOMICAL, PHYSIOLOG-
 ICAL OR PSYCHOLOGICAL  CONDITIONS,  OTHER  THAN  ADDICTION  TO  ALCOHOL,
 GAMBLING,  OR  ANY  CONTROLLED  SUBSTANCE,  WHICH  ARE  DEMONSTRABLE  BY
 MEDICALLY ACCEPTABLE CLINICAL AND LABORATORY DIAGNOSTIC TECHNIQUES,  AND
 WHICH  ARE EXPECTED TO BE PERMANENT AND WHICH SUBSTANTIALLY LIMIT ONE OR
 MORE OF SUCH PERSON'S MAJOR LIFE ACTIVITIES.
   § 212. APPLICABILITY. THIS ARTICLE SHALL APPLY TO ALL HOUSING ACCOMMO-
 DATIONS EXCEPT:
   1. OWNER-OCCUPIED PREMISES WITH LESS THAN FOUR UNITS;
   2. PREMISES SUBLET PURSUANT TO SECTION  TWO  HUNDRED  TWENTY-SIX-B  OF
 THIS  CHAPTER,  OR OTHERWISE, WHERE THE SUBLESSOR SEEKS IN GOOD FAITH TO
 RECOVER POSSESSION OF SUCH HOUSING ACCOMMODATION  FOR  HIS  OR  HER  OWN
 PERSONAL USE AND OCCUPANCY;
   3.  PREMISES THE POSSESSION, USE OR OCCUPANCY OF WHICH IS SOLELY INCI-
 DENT TO EMPLOYMENT AND SUCH EMPLOYMENT IS BEING LAWFULLY TERMINATED; AND
   4. PREMISES OTHERWISE SUBJECT TO  REGULATION  OF  RENTS  OR  EVICTIONS
 PURSUANT TO STATE OR FEDERAL LAW TO THE EXTENT THAT SUCH STATE OR FEDER-
 AL  LAW  REQUIRES  "GOOD  CAUSE"  FOR TERMINATION OR NON-RENEWAL OF SUCH
 TENANCIES.
   § 213. NECESSITY FOR GOOD CAUSE. NO LANDLORD SHALL, BY ACTION TO EVICT
 OR TO RECOVER POSSESSION, BY EXCLUSION FROM POSSESSION,  BY  FAILURE  TO
 RENEW  ANY  LEASE, OR OTHERWISE, REMOVE ANY TENANT FROM HOUSING ACCOMMO-
 DATIONS COVERED BY SECTION TWO HUNDRED TWELVE OF THIS ARTICLE EXCEPT FOR
 GOOD CAUSE AS DEFINED IN SECTION TWO HUNDRED FOURTEEN OF THIS ARTICLE.
   § 214. GROUNDS FOR REMOVAL OF TENANTS. 1. NO LANDLORD SHALL  REMOVE  A
 TENANT FROM ANY HOUSING ACCOMMODATION, OR ATTEMPT SUCH REMOVAL OR EXCLU-
 SION  FROM  POSSESSION,  NOTWITHSTANDING  THAT THE TENANT HAS NO WRITTEN
 LEASE OR THAT THE LEASE OR OTHER RENTAL AGREEMENT HAS EXPIRED OR  OTHER-
 WISE  TERMINATED, EXCEPT UPON ORDER OF A COURT OF COMPETENT JURISDICTION
 ENTERED IN AN APPROPRIATE JUDICIAL ACTION OR  PROCEEDING  IN  WHICH  THE
 PETITIONER  OR PLAINTIFF HAS ESTABLISHED ONE OF THE FOLLOWING GROUNDS AS
 GOOD CAUSE FOR REMOVAL OR EVICTION:
   (A) THE TENANT HAS FAILED TO PAY RENT DUE AND OWING, PROVIDED  HOWEVER
 THAT  THE RENT DUE AND OWING, OR ANY PART THEREOF, DID NOT RESULT FROM A
 RENT INCREASE WHICH IS  UNREASONABLE  OR  IMPOSED  FOR  THE  PURPOSE  OF
 CIRCUMVENTING  THE INTENT OF THIS ARTICLE. IN DETERMINING WHETHER ALL OR
 PART OF THE RENT DUE AND OWING IS THE RESULT  OF  AN  UNREASONABLE  RENT
 INCREASE,  IT  SHALL  BE  A  REBUTTABLE  PRESUMPTION THAT THE RENT FOR A
 DWELLING NOT PROTECTED BY RENT REGULATION IS UNREASONABLE IF  SAID  RENT

 S. 2892--B                          3
 
 HAS BEEN INCREASED IN ANY CALENDAR YEAR BY A PERCENTAGE EXCEEDING EITHER
 THREE  PERCENT OR ONE AND ONE-HALF TIMES THE ANNUAL PERCENTAGE CHANGE IN
 THE CONSUMER PRICE INDEX FOR THE REGION IN WHICH  THE  HOUSING  ACCOMMO-
 DATION IS LOCATED, AS ESTABLISHED THE AUGUST PRECEDING THE CALENDAR YEAR
 IN QUESTION, WHICHEVER IS GREATER;
   (B)  THE  TENANT  IS  VIOLATING A SUBSTANTIAL OBLIGATION OF HIS OR HER
 TENANCY, OTHER THAN THE OBLIGATION  TO  SURRENDER  POSSESSION,  AND  HAS
 FAILED  TO  CURE  SUCH VIOLATION AFTER WRITTEN NOTICE THAT THE VIOLATION
 CEASE WITHIN TEN DAYS OF RECEIPT OF SUCH WRITTEN NOTICE, PROVIDED HOWEV-
 ER, THAT THE OBLIGATION OF TENANCY FOR WHICH VIOLATION  IS  CLAIMED  WAS
 NOT IMPOSED FOR THE PURPOSE OF CIRCUMVENTING THE INTENT OF THIS ARTICLE;
   (C)  THE TENANT IS COMMITTING OR PERMITTING A NUISANCE IN SUCH HOUSING
 ACCOMMODATION, OR IS MALICIOUSLY OR BY REASON OF NEGLIGENCE DAMAGING THE
 HOUSING ACCOMMODATION; OR THE TENANT'S CONDUCT IS SUCH AS  TO  INTERFERE
 WITH  THE  COMFORT  OF THE LANDLORD OR OTHER TENANTS OR OCCUPANTS OF THE
 SAME OR ADJACENT BUILDINGS OR STRUCTURES;
   (D) OCCUPANCY OF  THE  HOUSING  ACCOMMODATION  BY  THE  TENANT  IS  IN
 VIOLATION OF OR CAUSES A VIOLATION OF LAW AND THE LANDLORD IS SUBJECT TO
 CIVIL  OR  CRIMINAL PENALTIES THEREFORE; PROVIDED HOWEVER THAT AN AGENCY
 OF THE STATE OR MUNICIPALITY HAVING JURISDICTION  HAS  ISSUED  AN  ORDER
 REQUIRING  THE  TENANT  TO  VACATE  THE HOUSING ACCOMMODATION. NO TENANT
 SHALL BE REMOVED FROM POSSESSION OF  A  HOUSING  ACCOMMODATION  ON  SUCH
 GROUND  UNLESS  THE  COURT  FINDS  THAT THE CURE OF THE VIOLATION OF LAW
 REQUIRES THE REMOVAL OF THE TENANT AND THAT THE LANDLORD DID NOT THROUGH
 NEGLECT OR DELIBERATE ACTION OR FAILURE  TO  ACT  CREATE  THE  CONDITION
 NECESSITATING THE VACATE ORDER. IN INSTANCES WHERE THE LANDLORD DOES NOT
 UNDERTAKE  TO  CURE CONDITIONS OF THE HOUSING ACCOMMODATION CAUSING SUCH
 VIOLATION OF THE LAW, THE TENANT SHALL HAVE THE RIGHT TO PAY  OR  SECURE
 PAYMENT  IN  A  MANNER SATISFACTORY TO THE COURT, TO CURE SUCH VIOLATION
 PROVIDED THAT ANY TENANT EXPENDITURES SHALL BE APPLIED AGAINST  RENT  TO
 WHICH  THE  LANDLORD IS ENTITLED. IN INSTANCES WHERE REMOVAL OF A TENANT
 IS ABSOLUTELY ESSENTIAL TO HIS OR HER HEALTH AND SAFETY, THE REMOVAL  OF
 THE TENANT SHALL BE WITHOUT PREJUDICE TO ANY LEASEHOLD INTEREST OR OTHER
 RIGHT  OF OCCUPANCY THE TENANT MAY HAVE AND THE TENANT SHALL BE ENTITLED
 TO RESUME POSSESSION AT SUCH TIME AS THE DANGEROUS CONDITIONS HAVE  BEEN
 REMOVED. NOTHING HEREIN SHALL ABROGATE OR OTHERWISE LIMIT THE RIGHT OF A
 TENANT  TO  BRING AN ACTION FOR MONETARY DAMAGES AGAINST THE LANDLORD TO
 COMPEL COMPLIANCE BY THE LANDLORD WITH ALL APPLICABLE STATE OR MUNICIPAL
 LAWS OR HOUSING CODES;
   (E) THE TENANT IS USING OR PERMITTING THE HOUSING ACCOMMODATION TO  BE
 USED FOR AN ILLEGAL PURPOSE;
   (F)  THE  TENANT  HAS  UNREASONABLY REFUSED THE LANDLORD ACCESS TO THE
 HOUSING ACCOMMODATION FOR THE PURPOSE OF  MAKING  NECESSARY  REPAIRS  OR
 IMPROVEMENTS  REQUIRED  BY LAW OR FOR THE PURPOSE OF SHOWING THE HOUSING
 ACCOMMODATION TO A PROSPECTIVE  PURCHASER,  MORTGAGEE  OR  OTHER  PERSON
 HAVING A LEGITIMATE INTEREST THEREIN;
   (G)  THE LANDLORD SEEKS IN GOOD FAITH TO RECOVER POSSESSION OF A HOUS-
 ING ACCOMMODATION LOCATED IN A BUILDING  CONTAINING  FEWER  THAN  TWELVE
 UNITS  BECAUSE  OF IMMEDIATE AND COMPELLING NECESSITY FOR HIS OR HER OWN
 PERSONAL USE AND OCCUPANCY AS HIS OR HER  PRINCIPAL  RESIDENCE,  OR  THE
 PERSONAL  USE AND OCCUPANCY AS PRINCIPAL RESIDENCE OF HIS OR HER SPOUSE,
 PARENT, CHILD, STEPCHILD, FATHER-IN-LAW OR MOTHER-IN-LAW, WHEN NO  OTHER
 SUITABLE HOUSING ACCOMMODATION IN SUCH BUILDING IS AVAILABLE. THIS PARA-
 GRAPH  SHALL PERMIT RECOVERY OF ONLY ONE HOUSING ACCOMMODATION AND SHALL
 NOT APPLY TO A HOUSING ACCOMMODATION OCCUPIED BY A TENANT WHO IS  SIXTY-
 TWO YEARS OF AGE OR OLDER OR WHO IS A DISABLED PERSON;

 S. 2892--B                          4
 
   (H)  THE  LANDLORD SEEKS IN GOOD FAITH TO RECOVER POSSESSION OF ANY OR
 ALL HOUSING ACCOMMODATIONS LOCATED IN A BUILDING  WITH  LESS  THAN  FIVE
 UNITS  TO  PERSONALLY  OCCUPY  SUCH HOUSING ACCOMMODATIONS AS HIS OR HER
 PRINCIPAL RESIDENCE.
   2. A TENANT REQUIRED TO SURRENDER A HOUSING ACCOMMODATION BY VIRTUE OF
 THE OPERATION OF PARAGRAPH (G) OR (H) OF SUBDIVISION ONE OF THIS SECTION
 SHALL  HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT JURISDICTION FOR
 DAMAGES, DECLARATORY,  AND  INJUNCTIVE  RELIEF  AGAINST  A  LANDLORD  OR
 PURCHASER  OF  THE PREMISES WHO MAKES A FRAUDULENT STATEMENT REGARDING A
 PROPOSED USE OF THE HOUSING ACCOMMODATION. IN ANY ACTION  OR  PROCEEDING
 BROUGHT PURSUANT TO THIS PROVISION A PREVAILING TENANT SHALL BE ENTITLED
 TO RECOVERY OF ACTUAL DAMAGES, AND REASONABLE ATTORNEYS' FEES.
   3.  NOTHING IN THIS SECTION SHALL ABROGATE OR LIMIT THE TENANT'S RIGHT
 PURSUANT TO SECTION SEVEN HUNDRED FIFTY-ONE OF THE REAL PROPERTY ACTIONS
 AND PROCEEDINGS LAW TO PERMANENTLY STAY THE ISSUANCE OR EXECUTION  OF  A
 WARRANT  OR EVICTION IN A SUMMARY PROCEEDING, WHETHER CHARACTERIZED AS A
 NONPAYMENT, OBJECTIONABLE TENANCY, OR HOLDOVER PROCEEDING, THE  UNDERLY-
 ING  BASIS  OF  WHICH  IS  THE NONPAYMENT OF RENT, SO LONG AS THE TENANT
 COMPLIES WITH THE  PROCEDURAL  REQUIREMENTS  OF  SECTION  SEVEN  HUNDRED
 FIFTY-ONE OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW.
   §  215.  PRESERVATION OF EXISTING REQUIREMENTS OF LAW. NO ACTION SHALL
 BE MAINTAINABLE AND NO JUDGMENT OF POSSESSION SHALL BE ENTERED FOR HOUS-
 ING ACCOMMODATIONS PURSUANT TO SECTION  TWO  HUNDRED  FOURTEEN  OF  THIS
 ARTICLE,  UNLESS  THE  LANDLORD HAS COMPLIED WITH ANY AND ALL APPLICABLE
 LAWS GOVERNING SUCH ACTION OR PROCEEDING AND HAS COMPLIED WITH  ANY  AND
 ALL APPLICABLE LAWS GOVERNING NOTICE TO TENANTS, INCLUDING WITHOUT LIMI-
 TATION  THE  MANNER  AND  THE  TIME  OF  SERVICE  OF SUCH NOTICE AND THE
 CONTENTS OF SUCH NOTICE.
   § 216. WAIVER OF RIGHTS VOID. ANY AGREEMENT BY A TENANT HERETOFORE  OR
 HEREINAFTER  ENTERED  INTO  IN A WRITTEN LEASE OR OTHER RENTAL AGREEMENT
 WAIVING OR MODIFYING HIS OR HER RIGHTS AS  SET  FORTH  IN  THIS  ARTICLE
 SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
   § 2. Severability. If any provision of this act, or any application of
 any  provision of this act, is held to be invalid, that shall not affect
 the validity or effectiveness of any other provision of this act, or  of
 any  other  application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   § 3. This act shall take effect immediately and shall apply to actions
 and proceedings commenced on or after such effective date.

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Senate Bill S2892B

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Bill Amendments

co-Sponsors

2019-S2892 - Details

2019-S2892 - Summary

2019-S2892 - Sponsor Memo

2019-S2892 - Bill Text download pdf

co-Sponsors

2019-S2892A - Details

2019-S2892A - Summary

2019-S2892A - Sponsor Memo

2019-S2892A - Bill Text download pdf

co-Sponsors

2019-S2892B (ACTIVE) - Details

2019-S2892B (ACTIVE) - Summary

2019-S2892B (ACTIVE) - Sponsor Memo

2019-S2892B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2892B

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Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Bill Amendments

co-Sponsors

2019-S2892 - Details

2019-S2892 - Summary

2019-S2892 - Sponsor Memo

2019-S2892 - Bill Text download pdf

co-Sponsors

2019-S2892A - Details

2019-S2892A - Summary

2019-S2892A - Sponsor Memo

2019-S2892A - Bill Text download pdf

co-Sponsors

2019-S2892B (ACTIVE) - Details

2019-S2892B (ACTIVE) - Summary

2019-S2892B (ACTIVE) - Sponsor Memo

2019-S2892B (ACTIVE) - Bill Text download pdf

Comments