NY State Senate Bill 2023-S305

Current 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
Jan 03, 2024	referred to judiciary
Jan 04, 2023	referred to judiciary

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2023-S305 (ACTIVE) - Details

See Assembly Version of this Bill:: A4454
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:: 2019-2020: S2892, A5030
2021-2022: S3082, A5573

2023-S305 (ACTIVE) - Summary

Prohibits eviction without good cause; sets forth grounds for removal of tenants.

2023-S305 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S305         Revised 9/12/23

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 1: Adds a new Article 6-A to the real property law titled Prohi-
bition of Eviction Without Good Cause, with the following sections:

Section 210 of the new Article 6-A provides that the short title of this
article 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".

Section 212 states Article 6-A is applicable to all housing accommo-
dations, 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 occupan-
cy,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.

Section 213 prohibits landlords from taking any action to evict, fail to
renew a lease, or otherwise seek to remove a tenant from housing accom-
modation except for "good cause", as defined in section 214.

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 exceeds either 3% of the previous rental
amount or one and one-half times the annual percentage change in the
Consumer Price Index for the relevant region, whichever is higher.

Section 214 (2) creates a private right of action for tenants required
to surrender housing accommodations if a landlord makes a fraudulent
statement regarding a proposed use of the housing accommodation for
personal or family use.

Section 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.
Section 215 preserves existing requirements of law relating to eviction
proceedings.

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:

This bill adds a new Article to the real property law.

 
JUSTIFICATION:

In light of the COVID-19 pandemic, a series of legislative and executive
actions during 2020 - including former Governor Cuomo's executive
orders, the "Safe Harbor Act" (S 8192-B / A 10290-B, Chap.  127 of the
Laws of 2020), and the "Emergency Eviction and Foreclosure Prevention
Act" (S 9114 / A 11181, Chap. 381 of the Laws of 2020) - implementing
partial and temporary moratoria on evictions during the emergency
pandemic have provided a basic level of protection for many tenants
during that time. In a normal year, housing courts would receive an
average of 39,000 filings in this time-frame. However, it was projected
that millions of New Yorkers would be at risk of eviction, due to unem-
ployment or other impacts of the COVID-19 pandemic when the protections
expired. After the moratoria expired in mid January of 2022, there has
been a 40% increase in eviction cases filed by landlords. The New York
Times reports 500 cases of tenants being thrown out of their homes less
than a month after the expiration, which is double the number in all of
the 20 months prior.  This number is increasing every month thereaft-
er.(1)

The risk many New Yorkers face of losing their homes existed prior to
COVID19 and will continue after the pandemic is over. Even prior to the
pandemic, data from 2019 shows that 92,000 individuals in New York State
were homeless and 100 families on average were evicted every day. Many
residential tenants from across New York State have been evicted for
unjustifiable reasons. Residential tenants, constituting the biggest
constituency in the state, lack basic rights to renew an expiring lease
a and to not be priced out of their homes.

National data show that the number of households experiencing housing
instability (i.e. being threatened with eviction or being evicted,
filing eviction paperwork in court, becoming homeless) was significant
at an average of 5 million people per year. And, in addition, these
individuals and families go on to experience long-term and severe defi-
cits to their financial security, education, health and well-being. For
instance, landlords often do not rent to individuals with past eviction
records or with debt owed to previous landlords. As a result, displaced
families have few options besides poor living conditions that often have
minimal access to transportation or work, which results in intergenera-
tional trauma and poverty.

Landlords across the state displace tenants in order to gain higher
profits. The de facto evictions happen, among other ways, via non-rene-
wal of their leases. These non-renewals displace individuals and fami-
lies in order for owners to rent out their units to higher income
tenants. This bill will prohibit landlords from evicting tenants without
there being a good cause (which is defined in Section 214).

Key Organizations supporting the Good Cause Eviction bill include:

*Legal Aid Society

*Housing Justice for All

*Community Service Society

*Urban Democracy Lab

*Pratt Center for Community Development

*1199 SEIU

*District Council 37, AFSCME

*Make the Road NY

*Strong Economy for All

 
SOCIAL JUSTICE IMPACT

This bill would set a precedent of placing the lives, health, safety,
and well-being of tenants first, and before the profits of landlords.
With the leading cause of homelessness being eviction, this legislation
would limit cases of homelessness and help to ensure that the human
right to housing is given meaning in New York State.

 
RACIAL JUSTICE IMPACT

This legislation is one of the many steps needed to address the racial
disparities in the current housing crisis. More than two thirds of Black
families in New York State rent, and Black households in New York are
three times as likely to face eviction as white households.  Evictions
are consistently being filed at higher rates in New York counties with
high shares of black renters.2 The disproportionality of this issue is
indisputable.

 
LEGISLATIVE HISTORY:

SENATE:

2019: S2892 (Salazar)- Referred to Judiciary, amended, recommit to Judi-
ciary

2020: S2892B- Amend and recommit to Judiciary

2021-2022: S3082- Referred to Judiciary

ASSEMBLY:

2019: A5030B (Hunter) - Referred to Housing

2020: A5030B - Amend and recommit to Housing
2021-2022: A5573- referred to Housing

 
FISCAL IMPLICATIONS:

No negative fiscal implications to the state or to localities. This bill
would result in fiscal savings by significantly reducing homelessness,
reducing the detrimental health impact of homelessness or housing
precarity, and by reducing the caseload of the state's housing courts
and all related administrative costs.

 
EFFECTIVE DATE:
This Act shall take effect immediately.
(Bill memo amended 9-2023 to correct a technical error.)
1 Zaveri, M. (2022, May 2). After a two-year dip, evictions accelerate
in New York. The New York Times.  Retrieved December 14, 2022, from
https://www.nytimes.com/2022/05/02/nyregion/new-york-evictionscases.html
2 Mironova, 0., Stein, S., & Baiocchi, G. (2022, February). Racial
Justice and the Right to Remain. Community Service Society of New York.
Retrievedfrom
https://smhttp-sst58547.nexcesscdn.net/nycseimages/uploads/pubs/
Racial_Justice_the_Right_to_Remain_Final_i5281 W29.pdf

2023-S305 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    305
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. SALAZAR, BRISPORT, STAVISKY, BAILEY, BRESLIN, BROUK,
   CLEARE, GIANARIS, GONZALEZ, HARCKHAM, JACKSON, KAVANAGH, KRUEGER, LIU,
   MAY, MAYER, MYRIE, RAMOS, RIVERA, SEPULVEDA, SERRANO -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00464-01-3

 S. 305                              2
 
   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
 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-
 S. 305                              3
 
 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;
   (H)  THE  LANDLORD SEEKS IN GOOD FAITH TO RECOVER POSSESSION OF ANY OR
 ALL HOUSING ACCOMMODATIONS LOCATED IN A BUILDING  WITH  LESS  THAN  FIVE
 S. 305                              4
 
 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 S305

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

2023-S305 (ACTIVE) - Details

2023-S305 (ACTIVE) - Summary

2023-S305 (ACTIVE) - Sponsor Memo

2023-S305 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S305

Share this bill

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

2023-S305 (ACTIVE) - Details

2023-S305 (ACTIVE) - Summary

2023-S305 (ACTIVE) - Sponsor Memo

2023-S305 (ACTIVE) - Bill Text download pdf

Comments