S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2151
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2021
                                ___________
 
 Introduced by Sens. GIANARIS, BAILEY, BIAGGI, HOYLMAN, KAPLAN, LIU, MAY,
   MYRIE,  PARKER,  RAMOS,  SANDERS,  SERRANO, STAVISKY -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Finance
 
 AN  ACT  to suspend rent payments for certain tenants in response to the
   outbreak of coronavirus; and  to  amend  the  state  finance  law,  in
   relation to establishing the COVID-19 rental assistance fund
 
   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:
   (a) "actual income" means (i) for a  residential  tenant,  all  wages,
 tips,  overtime, salary, recurring gifts, returns on investment, welfare
 assistance, social security payments, child support payments,  unemploy-
 ment  benefits,  emergency  federal,  state  or local assistance, or any
 other form of income that may be used to pay rent; and (ii) for  a  not-
 for-profit  corporation  or small business, all revenue, including emer-
 gency federal, state or local assistance, or any other  form  of  income
 that  may be used to pay rent, received minus the amount of any wages or
 salary  paid  to  employees  of  the not-for-profit corporation or small
 business.
   (b) "landlord" means the person or entity to whom a tenant owes rent;
   (c) "rent" means the amount charged in consideration for the  use  and
 occupancy  of  real property pursuant to a written or oral rental agree-
 ment or statute;
   (d) "state of emergency" means the state of emergency relating to  the
 novel coronavirus disease 2019 (COVID-19).
   (e)  "covered  tenant"  includes  a residential tenant having the same
 meaning as paragraph (a) or (b) of subdivision 1 of section 235-f of the
 real property law, or  those who otherwise pay for the use and occupancy
 of a residential dwelling, except for a residential tenant  receiving  a
 local,  state or federal income based rental subsidy, a tenant that is a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03359-02-1

 S. 2151                             2
 
 not-for-profit corporation, or a tenant that  is  a  small  business  as
 defined by section 131 of the economic development law.
   § 2. (a) (i) Notwithstanding any other provision of law, rule or regu-
 lation  to  the  contrary, any covered tenant in the state that has lost
 earned income, has been forced to close  their  place  of  business,  or
 whose business activities have been substantially curtailed resulting in
 a  loss  of  income  as  a  result of government ordered restrictions in
 response to the outbreak of coronavirus disease 2019  (COVID-19),  shall
 be  responsible  for rent payments up to thirty percent of their current
 income or their contractual rent, whichever is less, per month  for  the
 duration of ninety days following the effective date of this act.
   (ii)  Where  a tenant is authorized to pay an amount that is less than
 their contractual or statutory rent pursuant to  this  act,  the  tenant
 shall provide the landlord with a written and signed statement affirming
 the  tenant's  aggregate  actual income for the thirty days prior to the
 date such rent was due. Such payment shall absolve  the  tenant  of  any
 further  obligation to pay rent and any difference between the rent that
 would have been contractually or statutorily owed and  the  amount  paid
 pursuant  to this paragraph shall be waived, except where a tenant later
 receives additional income, such rent obligations shall be recalculated.
   (iii) In a summary proceeding for the non-payment of rent under  arti-
 cle  7  of  the  real property actions and proceedings law, a tenant may
 raise a payment made pursuant to this act as a defense  to  non-payment.
 If  the  amount  of  the tenant's actual income is in dispute, the court
 shall review documentation of the  tenant's  income  in  camera,  unless
 otherwise  deemed  necessary  by  the  court.  Notwithstanding any other
 provision of law to the contrary, pay stubs, copies of checks and signed
 letters from the tenant's employer, and other customary documentation of
 income shall constitute prima facie  evidence  of  the  tenant's  actual
 income and shall be presumptively admissible in such summary proceeding.
   (b) Any tenant whose lease expires during the state of emergency shall
 have  the  option of extending such lease under the terms existing prior
 to the expiration of the lease for a period of up to ninety  days  after
 the expiration of the state of emergency.
   (c)  Late  fees,  interest or other penalties shall not be collectable
 for rent accrued during the existence of the state of emergency.
   § 3. Notwithstanding any other law to the contrary,  a  landlord  that
 has  lost  rental  income  pursuant  to  this act and has not been fully
 compensated by emergency federal, state or local assistance,  may  apply
 to the division of housing and community renewal for relief. The commis-
 sioner may, upon satisfaction of the veracity of the landlord's applica-
 tion and to the extent possible, authorize the distribution of any emer-
 gency aid available through the COVID-19 rental assistance fund pursuant
 to section 99-ii of the state finance law in response to the outbreak of
 the  novel  coronavirus disease 2019 (COVID-19), to any such landlord in
 the amount of rental income lost. The commissioner of  the  division  of
 housing  and community renewal shall promulgate rules and regulations to
 effectuate this act.
   § 4. Notwithstanding any other law to the  contrary,  no  court  shall
 accept  for  filing  a  petition to commence a new summary proceeding to
 recover possession of real property under article 7 of the real property
 actions and proceedings law for non-payment of rent for at least  thirty
 days  following  the  expiration of the state of emergency; provided any
 statute of limitations applicable to such summary proceedings  shall  be
 tolled for thirty days.  In no event shall late or reduced rent payments

 S. 2151                             3
 
 during  the  state of emergency constitute the basis for a summary hold-
 over proceeding for the chronic nonpayment of rent.
   § 5. The state finance law is amended by adding a new section 99-ii to
 read as follows:
   §  99-II.  COVID-19  RENTAL ASSISTANCE FUND. 1. THERE IS HEREBY ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF HOUSING AND COMMUNITY
 RENEWAL AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "COVID-19
 RENTAL ASSISTANCE FUND".
   2. SUCH FUND SHALL  CONSIST  OF  ANY  UNRESTRICTED  FEDERAL  EMERGENCY
 ASSISTANCE  FUNDING  PROVIDED  TO THE STATE THAT MAY BE APPROPRIATED FOR
 SUCH PURPOSE, AND ALL OTHER MONEYS  APPROPRIATED,  CREDITED,  OR  TRANS-
 FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING IN
 THIS  SECTION  SHALL  PREVENT  THE  STATE  FROM SOLICITING AND RECEIVING
 GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE  FUND  AS  DEFINED  IN
 THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
   3. MONEYS OF THE FUND SHALL BE EXPENDED ONLY FOR RELIEF DUE TO REDUCED
 RENTAL  INCOME  CAUSED  BY  OUTBREAK  OF  NOVEL CORONAVIRUS DISEASE 2019
 (COVID-19).
   4. MONEYS SHALL BE PAID OUT OF THE FUND ON THE AUDIT  AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
 OF HOUSING AND COMMUNITY RENEWAL. ANY INTEREST  RECEIVED  BY  THE  COMP-
 TROLLER  ON  MONEYS  ON  DEPOSIT  IN THE COVID-19 RENTAL ASSISTANCE FUND
 SHALL BE RETAINED IN AND BECOME PART OF SUCH FUND.
   § 6. This act shall take effect immediately.