S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4098
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2025
                                ___________
 
 Introduced  by  Sens. PARKER, FERNANDEZ, HARCKHAM, SALAZAR -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Housing, Construction and Community Development
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation to conditions precedent to the bringing of certain actions or
   proceedings

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 711 of the real  property  actions
 and proceedings law, as amended by section 4 of part HH of chapter 56 of
 the laws of 2024, is amended to read as follows:
   2.  The  tenant  has defaulted in the payment of rent, pursuant to the
 agreement under which the premises are held, and a written demand of the
 rent has been made with at least fourteen days' notice requiring, in the
 alternative, the payment of the rent, or the possession of the premises,
 has been served upon the tenant as prescribed in section  seven  hundred
 thirty-five  of  this  article,  AND  AT THE TIME OF COMMENCEMENT OF THE
 PROCEEDING THERE ARE NO VIOLATIONS OF  ANY  APPLICABLE  STATE,  CITY  OR
 LOCAL CODES RELATING TO HOUSING MAINTENANCE OR HOUSING STANDARDS, AND NO
 CONDITIONS THAT CONTRAVENE SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL
 PROPERTY  LAW,  IN  THE  SUBJECT APARTMENT OR IN THE COMMON AREAS OF THE
 SUBJECT BUILDING, AND THERE IS NO LACK OF HEAT,  RUNNING  WATER,  LIGHT,
 ELECTRICITY OR OF ADEQUATE SEWAGE DISPOSAL FACILITIES, OR AN INFESTATION
 BY  RODENTS, OR ANY OTHER CONDITION DANGEROUS TO LIFE, HEALTH OR SAFETY,
 WHICH HAS EXISTED FOR FIVE DAYS, OR ANY COMBINATION OF  SUCH  CONDITIONS
 IN  ANY  APARTMENTS  IN  THE  SUBJECT BUILDING. IF AT THE TIME OF FILING
 THERE EXIST VIOLATIONS OF ANY APPLICABLE STATE, CITY OR  LOCAL  BUILDING
 OR  HOUSING  CODES  WITH  RESPECT TO THE SUBJECT APARTMENT OR THE COMMON
 AREAS OF THE SUBJECT BUILDING OR THERE  IS  NO  LACK  OF  HEAT,  RUNNING
 WATER,  LIGHT, ELECTRICITY OR OF ADEQUATE SEWAGE DISPOSAL FACILITIES, OR
 AN INFESTATION BY RODENTS, OR ANY OTHER  CONDITION  DANGEROUS  TO  LIFE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04167-01-5
              

 S. 4098                             2
 
 HEALTH OR SAFETY, WHICH HAS EXISTED FOR FIVE DAYS, OR ANY COMBINATION OF
 SUCH  CONDITIONS  IN  ANY APARTMENTS IN THE SUBJECT BUILDING, A LANDLORD
 MAY COMMENCE A PROCEEDING UNDER THIS SUBDIVISION  BY  FILING,  WITH  THE
 PETITION  AND  NOTICE  OF  PETITION  PRESCRIBED BY SECTION SEVEN HUNDRED
 THIRTY-ONE OF THIS ARTICLE, AN AFFIDAVIT  INCLUDING  FACTS  ESTABLISHING
 THAT  SUCH  VIOLATION  OR VIOLATIONS WERE RECORDED ERRONEOUSLY OR THAT A
 STATE, CITY OR LOCAL AGENCY, AUTHORITY OR DEPARTMENT ERRONEOUSLY  FAILED
 TO REMOVE SUCH VIOLATION OR VIOLATIONS. A PROCEEDING UNDER THIS SUBDIVI-
 SION  CANNOT  BE  MAINTAINED  IF THE COURT FINDS THAT THE ALLEGATIONS IN
 SUCH AFFIDAVIT ARE UNTRUE OR IF THE COURT FINDS  THAT  AT  THE  TIME  OF
 COMMENCEMENT  OF  THE PROCEEDING THERE WERE VIOLATIONS OF ANY APPLICABLE
 STATE, CITY OR LOCAL CODES RELATING TO HOUSING  MAINTENANCE  OR  HOUSING
 STANDARDS  OR CONTRAVENTIONS OF SECTION TWO HUNDRED THIRTY-FIVE-B OF THE
 REAL PROPERTY LAW, IN THE SUBJECT APARTMENT OR IN THE  COMMON  AREAS  OF
 THE  SUBJECT  BUILDING,  OR EXTREMELY HAZARDOUS VIOLATIONS IN ANY APART-
 MENTS IN THE SUBJECT BUILDING. The fourteen-day notice shall  append  or
 contain 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 article six-A of  the  real  property
 law, the "good cause eviction law", and if the premises are exempt, such
 notice  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. Any person succeeding to the landlord's  interest  in
 the  premises  may  proceed  under  this  subdivision  for rent due such
 person's predecessor in interest if such person  has  a  right  thereto.
 Where  a  tenant  dies during the term of the lease and rent due has not
 been paid and the apartment is occupied by a  person  with  a  claim  to
 possession,  a  proceeding  may be commenced naming the occupants of the
 apartment seeking a possessory judgment  only  as  against  the  estate.
 Entry  of  such  a judgment shall be without prejudice to the possessory
 claims of the occupants, and any warrant issued shall not  be  effective
 as against the occupants.
   §  1-a.  Subdivision 2 of section 711 of the real property actions and
 proceedings law, as amended by section 12 of part M of chapter 36 of the
 laws of 2019, is amended to read as follows:
   2. The tenant has defaulted in the payment of rent,  pursuant  to  the
 agreement under which the premises are held, and a written demand of the
 rent has been made with at least fourteen days' notice requiring, in the
 alternative, the payment of the rent, or the possession of the premises,
 has  been  served  upon [him] SUCH TENANT as prescribed in section seven
 hundred thirty-five of this article, AND AT THE TIME OF COMMENCEMENT  OF
 THE  PROCEEDING THERE ARE NO VIOLATIONS OF ANY APPLICABLE STATE, CITY OR
 LOCAL CODES RELATING TO HOUSING MAINTENANCE OR HOUSING STANDARDS, AND NO
 CONDITIONS THAT CONTRAVENE SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL
 PROPERTY LAW, IN THE SUBJECT APARTMENT OR IN THE  COMMON  AREAS  OF  THE
 SUBJECT  BUILDING,  AND  THERE IS NO LACK OF HEAT, RUNNING WATER, LIGHT,
 ELECTRICITY OR OF ADEQUATE SEWAGE DISPOSAL FACILITIES, OR AN INFESTATION
 BY RODENTS, OR ANY OTHER CONDITION DANGEROUS TO LIFE, HEALTH OR  SAFETY,
 WHICH  HAS  EXISTED FOR FIVE DAYS, OR ANY COMBINATION OF SUCH CONDITIONS
 IN ANY APARTMENTS IN THE SUBJECT BUILDING. IF  AT  THE  TIME  OF  FILING
 THERE  EXIST  VIOLATIONS OF ANY APPLICABLE STATE, CITY OR LOCAL BUILDING
 S. 4098                             3
 
 OR HOUSING CODES WITH RESPECT TO THE SUBJECT  APARTMENT  OR  THE  COMMON
 AREAS  OF  THE  SUBJECT  BUILDING  OR  THERE IS NO LACK OF HEAT, RUNNING
 WATER, LIGHT, ELECTRICITY OR OF ADEQUATE SEWAGE DISPOSAL FACILITIES,  OR
 AN  INFESTATION  BY  RODENTS,  OR ANY OTHER CONDITION DANGEROUS TO LIFE,
 HEALTH OR SAFETY, WHICH HAS EXISTED FOR FIVE DAYS, OR ANY COMBINATION OF
 SUCH CONDITIONS IN ANY APARTMENTS IN THE SUBJECT  BUILDING,  A  LANDLORD
 MAY  COMMENCE  A  PROCEEDING  UNDER THIS SUBDIVISION BY FILING, WITH THE
 PETITION AND NOTICE OF PETITION  PRESCRIBED  BY  SECTION  SEVEN  HUNDRED
 THIRTY-ONE  OF  THIS  ARTICLE, AN AFFIDAVIT INCLUDING FACTS ESTABLISHING
 THAT SUCH VIOLATION OR VIOLATIONS WERE RECORDED ERRONEOUSLY  OR  THAT  A
 STATE,  CITY OR LOCAL AGENCY, AUTHORITY OR DEPARTMENT ERRONEOUSLY FAILED
 TO REMOVE SUCH VIOLATION OR VIOLATIONS. A PROCEEDING UNDER THIS SUBDIVI-
 SION CANNOT BE MAINTAINED IF THE COURT FINDS  THAT  THE  ALLEGATIONS  IN
 SUCH  AFFIDAVIT  ARE  UNTRUE  OR  IF THE COURT FINDS THAT AT THE TIME OF
 COMMENCEMENT OF THE PROCEEDING THERE WERE VIOLATIONS OF  ANY  APPLICABLE
 STATE,  CITY  OR  LOCAL CODES RELATING TO HOUSING MAINTENANCE OR HOUSING
 STANDARDS OR CONTRAVENTIONS OF SECTION TWO HUNDRED THIRTY-FIVE-B OF  THE
 REAL  PROPERTY  LAW,  IN THE SUBJECT APARTMENT OR IN THE COMMON AREAS OF
 THE SUBJECT BUILDING, OR EXTREMELY HAZARDOUS VIOLATIONS  IN  ANY  APART-
 MENTS  IN THE SUBJECT BUILDING.  Any person succeeding to the landlord's
 interest in the premises may proceed under this subdivision for rent due
 [his] THE predecessor in interest if [he] SUCH PERSON has a right there-
 to. Where a tenant dies during the term of the lease and  rent  due  has
 not  been paid and the apartment is occupied by a person with a claim to
 possession, a proceeding may be commenced naming the  occupants  of  the
 apartment  seeking  a  possessory  judgment  only as against the estate.
 Entry of such a judgment shall be without prejudice  to  the  possessory
 claims  of  the occupants, and any warrant issued shall not be effective
 as against the occupants.
   § 2. Section 741 of the real property actions and proceedings  law  is
 amended by adding a new subdivision 3-a to read as follows:
   3-A.  STATE  THAT  AT THE TIME OF COMMENCEMENT OF THE PROCEEDING THERE
 ARE NO VIOLATIONS OF ANY APPLICABLE STATE, CITY OR LOCAL CODES  RELATING
 TO  HOUSING  MAINTENANCE  OR  HOUSING  STANDARDS, AND NO CONDITIONS THAT
 CONTRAVENE SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL  PROPERTY  LAW,
 IN THE SUBJECT APARTMENT OR IN THE COMMON AREAS OF THE SUBJECT BUILDING,
 AND  NO  EXTREMELY HAZARDOUS VIOLATIONS IN ANY APARTMENTS IN THE SUBJECT
 BUILDING, OR STATE THAT AN AFFIDAVIT HAS BEEN  FILED  AS  PRESCRIBED  BY
 SECTION SEVEN HUNDRED ELEVEN OF THIS ARTICLE.
   §  3.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision 2 of section  711  of  the  real  property
 actions  and  proceedings  law  made by section one of this act shall be
 subject to the expiration and reversion of such subdivision pursuant  to
 section 7 of part HH of chapter 56 of the laws of 2024, as amended, when
 upon  such  date  the provisions of section one-a of this act shall take
 effect.