S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    709
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Housing
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation to proceedings to recover possession

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of section 711 of the  real  property
 actions and proceedings law, as amended by section 1 of part II of chap-
 ter 56 of the laws of 2024, is amended to read as follows:
   [A]  NO  TENANT  IN  A  RESIDENTIAL  DWELLING  SHALL  BE  REMOVED FROM
 POSSESSION EXCEPT IN A SPECIAL  PROCEEDING  OR  THROUGH  OTHER  JUDICIAL
 PROCESS.  FOR  THE  PURPOSES  OF THIS ARTICLE, A tenant shall include an
 occupant of one or more rooms in a rooming  house  or  a  resident,  not
 including  a transient occupant, of one or more rooms in a hotel who has
 been in possession for thirty consecutive days or longer. A tenant shall
 not include a squatter. For the purposes of this section, a squatter  is
 a  person  who  enters  onto  or intrudes upon real property without the
 permission of the person entitled to possession, and continues to occupy
 the property without title, right or permission of the owner or  owner's
 agent  or  a  person  entitled to possession. In the event of a conflict
 between the provisions regarding  squatters  of  this  section  and  the
 provisions  of  subdivision  three  of section seven hundred thirteen of
 this article, the provisions of section seven hundred thirteen  of  this
 article shall be controlling. No tenant or lawful occupant of a dwelling
 or  housing  accommodation  shall be removed from possession except in a
 special proceeding. A special proceeding may be  maintained  under  this
 article upon the following grounds:
   §  2.  Subdivision  1  of section 721 of the real property actions and
 proceedings law, as added by chapter 312 of the laws of 1962, is amended
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02401-01-5
 A. 709                              2
 
   1. The landlord or lessor,  PROVIDED,  HOWEVER,  THAT  NO  PERSON  MAY
 INSTITUTE A PROCEEDING PURSUANT TO THIS ARTICLE WITH RESPECT TO PREMISES
 LOCATED  IN  A  MULTIPLE  DWELLING  UNTIL  SUCH TIME AS THE OWNER OF THE
 MULTIPLE DWELLING HAS REGISTERED PROPERLY WITH  THE  AGENCY  RESPONSIBLE
 FOR CODE ENFORCEMENT, IN ACCORDANCE WITH THE PROVISIONS OF SECTION THREE
 HUNDRED  OF  THE  MULTIPLE RESIDENCE LAW OR SECTION THREE HUNDRED OF THE
 MULTIPLE DWELLING LAW.
   § 3. Subdivision 1 of section 731 of the  real  property  actions  and
 proceedings  law,  as  amended  by  chapter  563 of the laws of 1994, is
 amended to read as follows:
   1.  The  special  proceeding  prescribed  by  this  article  shall  be
 commenced  by  petition  and a notice of petition PREPARED IN ACCORDANCE
 WITH RULES APPROVED BY THE APPELLATE DIVISION WITH JURISDICTION OVER THE
 PROCEEDINGS. SUCH RULES SHALL PROVIDE FOR THE USE OF  LANGUAGE  THAT  IS
 DESIGNED TO BE UNDERSTOOD BY THE RESPONDENT IN THE PROCEEDING. THE PETI-
 TION  SHALL INCLUDE SUCH OTHER NOTICE OF THE RIGHTS OF THE RESPONDENT AS
 MAY BE DEEMED APPROPRIATE, INCLUDING A STATEMENT THAT A FORM  ANSWER  IS
 AVAILABLE  FROM  THE  CLERK  OF THE COURT.   A notice of petition may be
 issued only by an attorney, judge or the clerk of the court; it may  not
 be issued by a party prosecuting the proceeding in person.
   §  4. Section 741 of the real property actions and proceedings law, as
 added by chapter 312 of the laws  of  1962,  the  opening  paragraph  as
 amended  by chapter 583 of the laws of 1979, subdivision 5 as amended by
 chapter 302 of the laws of 1976, subdivisions 5-a and 5-b  as  added  by
 section 5 of part HH of chapter 56 of the laws of 2024, subdivision 6 as
 added  by  chapter  615  of  the laws of 2022, subdivision 7 as added by
 chapter 579 of the laws of 2023 and subdivision 8 as amended by  chapter
 64 of the laws of 2024, is amended to read as follows:
   §  741.  Contents  of  petition. The petition shall be verified by the
 person authorized by section seven hundred twenty-one OF THIS ARTICLE to
 maintain the proceeding; or by a legal representative, attorney or agent
 of such person pursuant to subdivision (d) of section  [thirty  hundred]
 THREE  THOUSAND  twenty of the civil practice law and rules. An attorney
 of such person  may  verify  the  petition  on  information  and  belief
 notwithstanding  the  fact  that  such person is in the county where the
 [attorney has his] ATTORNEY'S office IS LOCATED. Every petition shall:
   1. State the interest of the petitioner in  the  premises  from  which
 removal is sought.
   2.  State  the  respondent's  interest  in the premises and [his] SUCH
 RESPONDENT'S relationship to petitioner with regard thereto.
   3. Describe the premises from which removal is sought.
   4. STATE WHETHER THERE ARE ANY VIOLATIONS OF ANY STATE OR LOCAL  HOUS-
 ING CODES  WHICH REMAIN OUTSTANDING ON THE PREMISES OR COMMON AREAS.  IN
 CITIES WITH A POPULATION OF ONE MILLION OR MORE, OR IN ANY  MUNICIPALITY
 IN  WHICH  HOUSING CODE VIOLATIONS ARE CLASSIFIED BY DEGREE OF THREAT TO
 HEALTH AND SAFETY, THE PETITION SHALL ITEMIZE ANY SUCH VIOLATIONS  WHICH
 HAVE  BEEN  IDENTIFIED  BY THE APPLICABLE CODE ENFORCEMENT AGENCY IN ITS
 NOTICE  OF VIOLATION AS BEING "HAZARDOUS",  "IMMEDIATELY  HAZARDOUS"  OR
 WHICH  HAVE  BEEN  OTHERWISE  CATEGORIZED  AS CONSTITUTING A SERIOUS, OR
 IMMINENT, THREAT TO HEALTH AND SAFETY OR REQUIRING IMMEDIATE REPAIR.
   5. STATE WHETHER THE PETITIONER HAS BEEN NOTIFIED BY THE LOCAL DEPART-
 MENT OF SOCIAL SERVICES THAT PAYMENT FOR RENT IS BEING WITHHELD PURSUANT
 TO SECTION ONE HUNDRED FORTY-THREE-B OF THE SOCIAL SERVICES LAW FOR  ANY
 PORTION OF THE PREMISES.
   6.  WITH RESPECT TO PREMISES SUBSIDIZED DIRECTLY OR INDIRECTLY UNDER A
 STATE OR FEDERAL PROGRAM  WHICH  REQUIRES  THAT  CONDITIONS  BE  MET  IN
 A. 709                              3
 
 CONNECTION  WITH  LEASE  TERMINATION  OR EVICTION, STATE THE NAME OF THE
 PROGRAM, THE NAME OF THE AGENCY CHARGED WITH SUPERVISION AND WHETHER THE
 PETITIONER HAS COMPLIED  WITH  ALL  APPLICABLE  RULES,  REGULATIONS  AND
 ADMINISTRATIVE  HEARING REQUIREMENTS AND HAS SERVED ALL NOTICES REQUIRED
 IN CONNECTION WITH LEASE TERMINATION OR EVICTION  FROM  THAT  PUBLIC  OR
 SUBSIDIZED HOUSING PROGRAM.
   7. State the facts upon which the special proceeding is based.
   [5.] 8. State the relief sought. The relief may include a judgment for
 rent due, and for a period of occupancy during which no rent is due, for
 the  fair  value  of  use and occupancy of the premises if the notice of
 petition contains a notice that a demand for such a  judgment  has  been
 made.  ANY  WILLFUL  MATERIAL MISSTATEMENT OR OMISSION BY THE PETITIONER
 WITH RESPECT TO THE REQUIREMENTS OF THIS SECTION SHALL SUBJECT THE PETI-
 TIONER TO A CIVIL PENALTY, NOT TO EXCEED ONE THOUSAND DOLLARS,  TO    BE
 ASSESSED  IN  THE EVICTION PROCEEDING OR IN A SUBSEQUENT PLENARY ACTION.
 THE PETITIONER  MAY  REQUEST  LEAVE  OF  THE COURT TO AMEND THE PETITION
 FOR THE PURPOSE OF CORRECTING MATERIAL  MISSTATEMENTS  OR  CURING  OMIS-
 SIONS. IN THE EVENT LEAVE TO AMEND IS GRANTED, THE RESPONDENT  SHALL  BE
 PROVIDED AN ADJOURNMENT  TO  RESPOND  OF  NOT  LESS  THAN  TEN DAYS FROM
 THE  DATE  OF  SERVICE  OF  THE  AMENDED PETITION. A PETITIONER SHALL BE
 DEEMED  TO HAVE MADE  A  MATERIAL  MISSTATEMENT OR OMISSION WITH RESPECT
 TO THE REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION UPON  SUBMISSION
 TO    THE COURT OF  CERTIFIED  RECORDS,  OR OTHERWISE PROPERLY AUTHENTI-
 CATED RECORDS, OF THE  LOCAL  AGENCY  OR  AGENCIES  CHARGED  WITH   CODE
 COMPLIANCE      THAT  VIOLATIONS  OF APPLICABLE CODES, OTHER THAN TENANT
 CAUSED OR HOUSEKEEPING AS  DETERMINED BY THE COURT, WERE OUTSTANDING  AT
 THE  TIME OF THE VERIFICATION OF THE PETITION WHICH WERE  NOT  DESCRIBED
 THEREIN.  A  MATERIAL MISSTATEMENT SHALL BE DEEMED  WILLFUL  UNLESS  THE
 PETITIONER  CAN  ESTABLISH BY  A PREPONDERANCE OF THE EVIDENCE THAT SUCH
 MISSTATEMENT WAS NOT WILLFUL. IN ADDITION TO THE FOREGOING, IN THE EVENT
 THAT AN EVICTION WARRANT IS EXECUTED IN A PROCEEDING IN WHICH A  WILLFUL
 MATERIAL  MISSTATEMENT   IS MADE,  THE  RESPONDENT  SHALL BE ENTITLED TO
 DAMAGES NOT EXCEEDING THREE TIMES THE COSTS INCURRED AS A RESULT OF  THE
 EVICTION   UNLESS  THE  PETITIONER CAN ESTABLISH THAT THE EVICTION WOULD
 HAVE BEEN JUSTIFIED REGARDLESS OF THE MISSTATEMENT.
   [5-a.] 9. Append  or  incorporate  the  notice  required  pursuant  to
 section  two  hundred thirty-one-c of the real property law, which shall
 state the following: (i) if the premises are or are not subject to arti-
 cle six-A of the real property law, the "good cause eviction  law",  and
 if  the  premises are exempt, such petition shall state why the premises
 are exempt from such law; (ii) if the landlord is not renewing the lease
 for a unit subject to article six-A of the real property law, the lawful
 basis for such non-renewal; and (iii) if the landlord is increasing  the
 rent  upon  an  existing lease of a unit subject to article six-A of the
 real property law above the applicable local rent standard,  as  defined
 in  subdivision eight of section two hundred eleven of the real property
 law, the justification for such increase.
   [5-b.] 10. If the petitioner claims exemption from the  provisions  of
 article  six-A  of  the real property law pursuant to subdivision one of
 section two hundred fourteen of the real property law, append or  incor-
 porate  the  information required pursuant to subdivision one of section
 two hundred fourteen of the real property law.
   [6.] 11. In the city of Albany, where the premises from which  removal
 is  sought  is subject to a local law requiring the registration of said
 premises as a condition of legal rental, allege proof of compliance with
 such local law.
 A. 709                              4
 
   [7.] 12. In the city  of  Newburgh,  where  the  premises  from  which
 removal  is  sought is subject to a local law requiring the registration
 of said premises as a condition of legal rental, allege proof of compli-
 ance with such local law.
   [8.]  13.  In  the  city  of  Syracuse,  where the premises from which
 removal is sought is subject to a local law requiring  the  registration
 of said premises as a condition of legal rental, allege proof of compli-
 ance with such local law.
   §  5. Section 743 of the real property actions and proceedings law, as
 amended by section 16 of part M of chapter 36 of the laws  of  2019,  is
 amended to read as follows:
   §  743. Answer. Except as provided in section seven hundred thirty-two
 of this article, relating to a proceeding for non-payment  of  rent,  at
 the  time when the petition is to be heard the respondent, or any person
 in possession or claiming possession of the premises, may answer, orally
 or in writing. If the answer is oral  the  substance  thereof  shall  be
 recorded  by  the  clerk  or, if a particular court has no clerk, by the
 presiding judge or justice of such court, and  maintained  in  the  case
 record.    A  FORM  ANSWER, IN A FORM APPROVED BY THE APPELLATE DIVISION
 WITH JURISDICTION OVER THE PROCEEDING, SHALL BE MADE  AVAILABLE  TO  THE
 RESPONDENT  BY  THE  CLERK  OF  THE COURT. THE FORM ANSWER SHALL INCLUDE
 POSSIBLE DEFENSES TO  THE  PROCEEDING,  INCLUDING  BUT  NOT  LIMITED  TO
 DEFENSES  ESTABLISHED  BY  SECTIONS  TWO  HUNDRED  TWENTY-THREE  AND TWO
 HUNDRED THIRTY-FIVE-B OF THE REAL  PROPERTY  LAW,  SECTION  ONE  HUNDRED
 FORTY-THREE-B  OF  THE  SOCIAL  SERVICES  LAW  AND SECTION THREE HUNDRED
 FIVE-A OF THE MULTIPLE RESIDENCE LAW. The answer may contain  any  legal
 or  equitable defense, or counterclaim. The court may render affirmative
 judgment for the amount found due on the counterclaim.
   § 6. Subdivision 1 of section 745 of the  real  property  actions  and
 proceedings law, as amended by section 17 of part M of chapter 36 of the
 laws of 2019, is amended to read as follows:
   1. Where triable issues of fact are raised, they shall be tried by the
 court  unless,  at the time the petition is noticed to be heard, a party
 demands a trial by jury, in which case trial shall be by jury.  WHEN THE
 PETITION INDICATES PURSUANT TO SUBDIVISION FOUR OF SECTION SEVEN HUNDRED
 FORTY-ONE OF THIS ARTICLE, THAT THERE ARE OUTSTANDING  CODE  VIOLATIONS,
 THE  COURT  SHALL  INQUIRE  REGARDING  THE  DURATION AND SEVERITY OF THE
 OUTSTANDING VIOLATIONS AND MAY STAY THE PROCEEDING  PENDING  REMOVAL  OF
 THE  VIOLATIONS  IN  ACCORDANCE WITH SECTION SEVEN HUNDRED FIFTY-FIVE OF
 THIS ARTICLE, OR MAKE OTHER  DISPOSITION  OF  THE  PROCEEDING  INCLUDING
 GRANTING  A  TOTAL  OR  PARTIAL  ABATEMENT  OF RENT, OR DISMISSAL OF THE
 PROCEEDING, AS APPROPRIATE. At the time when issue is joined the  court,
 at the request of either party shall adjourn the trial of the issue, not
 less  than  fourteen  days,  except by consent of all parties. A party's
 second or subsequent request for adjournment shall  be  granted  in  the
 court's sole discretion.
   §  7. Section 749 of the real property actions and proceedings  law is
 amended by adding two new subdivisions 4 and 5 to read as follows:
   4. THE NOTICE DESCRIBED IN  SUBDIVISION  TWO  OF  THIS  SECTION  SHALL
 INCLUDE  A  STATEMENT ADVISING THE RESPONDENT THAT ASSISTANCE TO PREVENT
 THE EVICTION OR OTHERWISE TO PREVENT THE RESPONDENT FROM BECOMING  HOME-
 LESS  MAY  BE AVAILABLE FROM THE LOCAL DEPARTMENT OF SOCIAL SERVICES AND
 SHALL INCLUDE THE PHONE NUMBER PROVIDED TO THE  ENFORCEMENT  OFFICER  BY
 ANY PRIVATE OR PUBLIC AGENCY PROVIDING SUCH ASSISTANCE AT THE REQUEST OF
 SUCH  AGENCY.  REFERRAL  TO  LEGAL  AID,  LEGAL  SERVICES OR OTHER LEGAL
 ASSISTANCE OFFICES SHALL ALSO BE INCLUDED ON SUCH NOTICES AT THE REQUEST
 A. 709                              5
 
 OF SUCH OFFICES. IN A PROCEEDING BASED  UPON  NON-PAYMENT,  SUCH  NOTICE
 SHALL  ALSO  ADVISE  THE  RESPONDENT OF THE RENT DETERMINED DUE TOGETHER
 WITH TAXES, ASSESSMENTS, INTEREST, PENALTIES  AND  COSTS  IN  ACCORDANCE
 WITH  THE  PROVISIONS OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED FIFTY-
 ONE OF THIS ARTICLE, AND SHALL  ADVISE  THE  RESPONDENT  OF  THE  AMOUNT
 REQUIRED AND PROCEDURE FOR PAYMENT.
   5.  UPON  WRITTEN OR ORAL NOTIFICATION TO THE OFFICER BY AN AUTHORIZED
 REPRESENTATIVE OF THE LOCAL DEPARTMENT OF SOCIAL SERVICES THAT AN APPLI-
 CATION FOR ASSISTANCE TO PREVENT EVICTION IS PENDING ON  BEHALF  OF  THE
 RESPONDENT  HOUSEHOLD,  THE  OFFICER SHALL REFRAIN FROM EXECUTION OF THE
 WARRANT UNTIL SUCH TIME  AS  THAT  OFFICER  IS  ADVISED  BY  THE  SOCIAL
 SERVICES  OFFICIAL  OF  THE DETERMINATION OF SUCH APPLICATION, PROVIDED,
 HOWEVER, THAT THE SOCIAL SERVICES DISTRICT SHALL  GUARANTEE  PAYMENT  TO
 THE PETITIONER FOR ANY ADDITIONAL RENT ACCRUING DURING THIS PERIOD TO BE
 CALCULATED  ON  A PRO-RATA BASIS FOR THE NUMBER OF DAYS DELAY OCCASIONED
 BY THE OPERATION OF THIS PROVISION.
   § 8. The opening paragraph and subdivision 1 of  section  751  of  the
 real  property  actions and proceedings  law, as added by chapter 312 of
 the laws of 1962, are amended to read as follows:
    The respondent  may,  at  any  time  before  a  warrant  is  [issued]
 EXECUTED,  stay  the  [issuing]  EXECUTION  thereof  and  also  stay  an
 execution to collect the costs, as follows:
   1.  Where the lessee or tenant holds  over  after  a  default  in  the
 payment  of rent, or of taxes or assessments, [he] SUCH LESSEE OR TENANT
 may effect a stay by depositing the amount of the rent due  or  of  such
 taxes  or assessments, and interest and penalty, if any thereon due, and
 the costs of the special proceeding, with the clerk  of  the  court,  or
 where the office of clerk is not provided for, with the court, who shall
 thereupon,  upon  demand,  pay the amount deposited to the petitioner or
 [his] SUCH PETITIONER'S duly authorized agent; or by delivering  to  the
 court or clerk [his] A WRITTEN ASSURANCE BY AN AUTHORIZED REPRESENTATIVE
 OF  THE  LOCAL  DEPARTMENT  OF  SOCIAL SERVICES OR AN undertaking to the
 petitioner in such sum as the court approves to the effect that [he will
 pay] the rent[, or] DUE WILL BE PAID TOGETHER WITH such taxes or assess-
 ments, and interest and penalty and costs within ten days, at the  expi-
 ration  of  which  time  a warrant may issue, unless [he] THE RESPONDENT
 produces to the court satisfactory evidence of the payment.
   § 9. This act shall take effect on the first of February next succeed-
 ing the date on which it shall have become a  law  and  shall  apply  to
 actions  and  proceedings  commenced  on  or  after such effective date;
 provided, however, that the amendments to subdivisions 5-a  and  5-b  of
 section  741  of  the  real property actions and proceedings law made by
 section four of this act shall not affect the repeal of such subdivision
 and shall be deemed repealed  therewith.    Effective  immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such effective date.