Assembly Bill A7114

2021-2022 Legislative Session

Relates to permitting a residential tenant to utilize a security deposit to pay rent during a state disaster emergency

download bill text pdf

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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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2021-A7114 (ACTIVE) - Details

See Senate Version of this Bill:
S2000
Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Amd §7-108, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8265
2023-2024: S2055

2021-A7114 (ACTIVE) - Summary

Permits a residential tenant to utilize a security deposit to pay rent during a state disaster emergency if such tenant has had a loss of income or loss of employment due to such state disaster emergency, provides a one year period to replenish such security deposit.

2021-A7114 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7114
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 22, 2021
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the general obligations law, in relation to permitting a
   tenant to utilize a security deposit to pay rent during a state disas-
   ter emergency
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 7-108 of the general obligations law is amended by
 adding a new subdivision 1-b to read as follows:
   1-B. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  DURING
 A STATE DISASTER EMERGENCY AS DEFINED IN SECTION TWENTY OF THE EXECUTIVE
 LAW,  A  RESIDENTIAL TENANT WHO HAS SUFFERED A LOSS OF INCOME OR LOSS OF
 EMPLOYMENT AS A RESULT OF SUCH STATE DISASTER  EMERGENCY  MAY  ELECT  TO
 UTILIZE  ANY SUM OF MONEY DEPOSITED AS SECURITY FOR THE FULL PERFORMANCE
 BY SUCH RESIDENTIAL TENANT OF THE TERMS OF THE LEASE,  IN  WHOLE  OR  IN
 PART, TO PAY THE MONTHLY RENT DUE PURSUANT TO SUCH LEASE.
   (B)  A  RESIDENTIAL  TENANT  WHO  MAKES  AN  ELECTION  PURSUANT TO THE
 PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL REPLENISH ANY SUCH
 MONEY DEPOSITED AS SECURITY USED TO PAY RENT WITHIN ONE  YEAR  FROM  THE
 LAST DATE SUCH ELECTION WAS MADE.
   (C)  FOR  THE PURPOSES OF THIS SUBDIVISION, "RESIDENTIAL TENANT" SHALL
 MEAN: A TENANT AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
 TWO HUNDRED THIRTY-FIVE-F OF THE REAL PROPERTY LAW; A PERSON WHO  OTHER-
 WISE  PAYS  FOR  THE  USE AND OCCUPANCY OF A RESIDENTIAL DWELLING; OR AN
 OCCUPANT, AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION  TWO
 HUNDRED THIRTY-FIVE-F OF THE REAL PROPERTY LAW.
   §  2.  This  act  shall take effect immediately and shall apply to any
 lease or rental agreement or renewal of  a  lease  or  rental  agreement
 entered into on or after such date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02328-01-1

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