S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1170
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation  to reducing the period of notice required to be given when a
   written demand for rent is served on a tenant  after  the  tenant  has
   defaulted  in the payment of rent and the period of notice to be given
   serving a warrant issued pursuant to a final judgment of eviction from
   fourteen days to seven days
 
   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] SEVEN days' notice requir-
 ing, in the alternative, the payment of the rent, or the  possession  of
 the  premises,  has  been served upon him as prescribed in section seven
 hundred thirty-five of this article. Any person succeeding to the  land-
 lord's  interest  in the premises may proceed under this subdivision for
 rent due his predecessor in interest if he 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 seek-
 ing 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.
   § 2. Paragraph (a) of subdivision 2 of section 749 of the real proper-
 ty  actions  and  proceedings law, as amended by section 19 of part M of
 chapter 36 of the laws of 2019, is amended to read as follows:

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

                                                            LBD02187-01-1

 A. 1170                             2
 
   (a) The officer to whom the warrant is directed  and  delivered  shall
 give  at  least  [fourteen]  SEVEN  days'  notice, in writing and in the
 manner prescribed in this article for the service of a notice  of  peti-
 tion,  to  the person or persons to be evicted or dispossessed and shall
 execute  the  warrant on a business day between the hours of sunrise and
 sunset.
   § 3. This act shall take effect immediately and shall apply to actions
 and proceedings commenced on or after such effective date.