S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3957
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Housing
 
 AN ACT to amend the multiple dwelling law, in relation to rent impairing
   violations; and to amend the real  property  actions  and  proceedings
   law, in relation to eviction proceedings

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 302-a  of  the  multiple  dwelling
 law,  as added by chapter 911 of the laws of 1965, is amended to read as
 follows:
   3. a. If (i) the official records of the department shall note that  a
 rent  impairing  violation  exists  OR  EXISTED in respect to a multiple
 dwelling and that notice of such violation has been given by the depart-
 ment, by mail, to the owner last registered with the department and (ii)
 such note of the violation [is] WAS not cancelled or removed  of  record
 within  [six]  THREE  months  after  the  date  of  such  notice of such
 violation, then for the period that such violation  remains  uncorrected
 after the expiration of said [six] THREE months, no rent shall be recov-
 ered  by  any owner for any premises in such multiple dwelling used by a
 resident thereof for human habitation in which the condition  constitut-
 ing such rent impairing violation exists, provided, however, that if the
 violation  is  one that requires approval of plans by the department for
 the corrective work and if plans for such  corrective  work  shall  have
 been  duly filed within [three months] ONE MONTH from the date of notice
 of such violation by the department to the owner  last  registered  with
 the department, the [six-months] THREE MONTH period aforementioned shall
 not  begin  to run until the date that plans for the corrective work are
 approved by the department; if plans are not filed within  said  [three-
 months] ONE MONTH period or if so filed, they are disapproved and amend-
 ments  are not duly filed within thirty days after the date of notifica-
 tion of the disapproval by the department to the person having filed the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04185-01-5
              

 A. 3957                             2
 
 plans, the [six-months] THREE MONTH period shall be computed  as  if  no
 plans whatever had been filed under this proviso. If a condition consti-
 tuting  a  rent  impairing  violation  exists  in the part of a multiple
 dwelling  used  in  common  by  the  residents  or in the part under the
 control of the owner thereof, the violation shall be deemed to exist  in
 the respective premises of each resident of the multiple dwelling.
   b.  The provisions of subparagraph a shall not apply if (i) the condi-
 tion referred to in the department's notice to the owner last registered
 with the department did not in fact exist, notwithstanding the  notation
 thereof  in  the  records of the department; (ii) the condition which is
 the subject of the violation has in fact been corrected WITHIN THE THREE
 MONTH PERIOD REQUIRED BY SUBPARAGRAPH A OF THIS SUBDIVISION, though  the
 note  thereof in the department has not been removed or cancelled; (iii)
 the violation has been caused by the resident from whom rent  is  sought
 to  be  collected  or  by  members of [his] SUCH RESIDENT'S family or by
 [his] SUCH RESIDENT'S guests or by  another  resident  of  the  multiple
 dwelling or the members of the family of such other resident or by [his]
 SUCH OTHER RESIDENT'S guests, or (iv) the resident proceeded against for
 rent  has  refused  entry to the owner for the purpose of correcting the
 condition giving rise to the violation.
   c. To raise a defense under subparagraph a in any  action  to  recover
 rent or in any special proceeding for the recovery of possession because
 of  non-payment of rent, the resident must affirmatively plead and prove
 the material facts under subparagraph a[, and must also deposit with the
 clerk of the court in which the action or proceeding is pending  at  the
 time  of filing of the resident's answer the amount of rent sought to be
 recovered in  the  action  or  upon  which  the  proceeding  to  recover
 possession  is  based,  to be held by the clerk of the court until final
 disposition of the action or proceeding at which time the rent deposited
 shall be paid to the owner, if the owner prevails, or be returned to the
 resident if the resident prevails. Such deposit of  rent  shall  vitiate
 any  right  on  the  part  of the owner to terminate the lease or rental
 agreement of the resident because of nonpayment of rent].
   d. If a resident voluntarily pays rent or an installment of rent  when
 [he]  SUCH  RESIDENT  would  be  privileged  to  withhold the same under
 subparagraph a, [he] SUCH RESIDENT shall [not thereafter] have  [any]  A
 claim or cause of action to recover back the rent or installment of rent
 so  paid.    A  voluntary  payment  within the meaning hereof shall mean
 payment other than one made pursuant to  a  judgment  in  an  action  or
 special proceeding.
   e.  [If  upon  the  trial of any action to recover rent or any special
 proceeding for the recovery of possession because of non-payment of rent
 it shall appear that the  resident  has  raised  a  defense  under  this
 section  in  bad faith, or has caused the violation or has refused entry
 to the owner for the purpose of correcting the condition giving rise  to
 the  violation,  the court, in its discretion, may impose upon the resi-
 dent the reasonable costs of the owner, including counsel fees, in main-
 taining the action or proceeding not to exceed one hundred dollars.] THE
 DEPARTMENT SHALL NOTIFY THE RESIDENT AND OWNER  WHEN  A  RENT  IMPAIRING
 VIOLATION  HAS  BEEN  PLACED  IN THEIR APARTMENT. THE NOTIFICATION SHALL
 INCLUDE A LIST OF THE RENT IMPAIRING VIOLATIONS PLACED AND  AN  EXPLANA-
 TION OF THE RESIDENT'S RIGHT TO RAISE THE RENT IMPAIRING VIOLATIONS AS A
 DEFENSE  IN  ANY ACTION TO RECOVER RENT OR IN ANY SPECIAL PROCEEDING FOR
 THE RECOVERY OF POSSESSION BECAUSE OF NON-PAYMENT OF RENT.
   § 2. Subdivisions 10 and 11  of  section  713  of  the  real  property
 actions and proceedings law, subdivision 10 as amended by chapter 467 of
 A. 3957                             3
 
 the  laws of 1981 and subdivision 11 as added by chapter 312 of the laws
 of 1962, are amended to read as follows:
   10.  The  person  in possession has entered the property or remains in
 possession by force or unlawful means and [he or  his]  SUCH  PERSON  OR
 SUCH  PERSON'S  predecessor  in interest was not in quiet possession for
 three years before the time of the forcible or unlawful entry or detain-
 er and the petitioner was peaceably in actual possession at the time  of
 the forcible or unlawful entry or in constructive possession at the time
 of the forcible or unlawful detainer. ANY LAWFUL OCCUPANT, PHYSICALLY OR
 CONSTRUCTIVELY IN POSSESSION, WHO HAS BEEN EVICTED OR DISPOSSESSED WITH-
 OUT  THE  COURT PROCESS MANDATED BY SECTION SEVEN HUNDRED ELEVEN OF THIS
 ARTICLE, MAY COMMENCE A PROCEEDING UNDER THIS SUBDIVISION TO BE RESTORED
 TO POSSESSION, AND SHALL BE SO RESTORED UPON PROOF THAT  THEIR  EVICTION
 WAS UNLAWFUL; no notice to quit shall be required in order to maintain a
 proceeding under this subdivision.
   11. The person in possession entered into possession as an incident to
 employment  by  petitioner, and the time agreed upon for such possession
 has expired or, if no such time was agreed upon, the employment has been
 terminated[; no notice to quit shall be required in  order  to  maintain
 the proceeding under this subdivision].
   §  3. Subdivisions 2 and 3 of section 732 of the real property actions
 and proceedings law, as amended by section 14 of part M of chapter 36 of
 the laws of 2019, are amended to read as follows:
   2. If the respondent answers, the clerk shall fix a date for trial  or
 hearing  not  less  than three nor more than eight days after joinder of
 issue, and shall immediately notify by mail the parties or their  attor-
 neys of such date. If the determination be for the petitioner, the issu-
 ance  of a warrant shall not be stayed for more than five days from such
 determination, except as provided in section seven  hundred  fifty-three
 of  this  article.   IF THE RESPONDENT FAILS TO APPEAR ON SUCH DATE, THE
 COURT, AFTER  MAKING  AN  ASSESSMENT,  PURSUANT  TO  SECTION  THIRTY-TWO
 HUNDRED  FIFTEEN  OF THE CIVIL PRACTICE LAW AND RULES, MAY ISSUE A JUDG-
 MENT IN FAVOR OF THE PETITIONER AND THE ISSUANCE OF THE WARRANT SHALL BE
 STAYED FOR A PERIOD NOT TO EXCEED TEN DAYS FROM  THE  DATE  OF  SERVICE,
 EXCEPT AS PROVIDED IN SECTION SEVEN HUNDRED FIFTY-THREE OF THIS ARTICLE.
   3.  If the respondent fails to answer within ten days from the date of
 service, as shown by the affidavit or  certificate  of  service  of  the
 notice  of  petition  and  petition, [the judge shall render judgment in
 favor of the petitioner and] THE PETITIONER MAY MAKE AN APPLICATION  FOR
 A  DEFAULT JUDGMENT.   UPON THIS APPLICATION, THE CLERK SHALL FIX A DATE
 FOR INQUEST AND IMMEDIATELY NOTIFY BY MAIL THE PARTIES OR  THEIR  ATTOR-
 NEYS  OF SUCH DATE.  IF THE RESPONDENT FAILS TO APPEAR ON SUCH DATE, THE
 COURT, AFTER  MAKING  AN  ASSESSMENT,  PURSUANT  TO  SECTION  THIRTY-TWO
 HUNDRED  FIFTEEN  OF THE CIVIL PRACTICE LAW AND RULES, MAY ISSUE A JUDG-
 MENT IN FAVOR OF THE PETITIONER AND may stay the issuance of the warrant
 for a period of not to exceed ten days from the date of service,  except
 as provided in section seven hundred fifty-three of this article.
   §  4.  This  act  shall take effect immediately and shall apply to all
 pending proceedings on and after such date.