Martucci & Brabenec Demand Fairness for Small Property Owners

Announce Legislation to Exempt Landlords with Ten or Fewer Units from the State’s Eviction Moratorium 

HUGUENOT, NY — Senator Mike Martucci (R,C,I-Hudson Valley/Catskills) and Assemblyman Karl Brabenec (R,C-Deerpark) stood shoulder to shoulder with two local property owners to demand the passage of their legislation that will exempt small landlords who own ten or fewer rental units from the State’s one-size-fits-all eviction moratorium. Beginning during the height of the COVID-19 pandemic, the eviction moratorium was supposed to be a temporary measure to address the pandemic. It was extended last week until August 31, 2021, despite Federal guidance that states such moratoriums should be allowed to expire by June 30.

The moratorium has been devastating to small landlords who must continue to pay their bills despite receiving no rent payments and absent the need for their tenants to swear they were negatively impacted by COVID under penalty of perjury. Some, like Janice Bullis, have even been prevented from selling their own home because tenants will not leave.

“The Governor and his allies in the Legislature have enacted an eviction moratorium that treats small property owners like Janice Bullis and Michael Kohler exactly the same as millionaires that own high-rises in Manhattan,” said Senator Martucci. “Our bill would exempt them from this restrictive policy, allowing Janice to sell her home, and granting other small landlords their day in court. This is simply about fairness—nothing more and nothing less.”

“Small landlords are in desperate need of relief,” said Assemblyman Brabenec, “The eviction moratorium is absolutely ridiculous at this point and we need to provide this critical exemption to small, mom-and-pop landlords that are struggling to make ends meet and pay their bills.”

“I have one small rental unit on my property and because of this eviction moratorium my tenant has refused to officially leave and remove his things from his living space,” said Janice Bullis, a local resident and property owner. “I’m a 78-year-old widow and I have been trying to sell my house in order to secure a safer and more manageable housing situation. My tenant’s refusal to leave, which is permitted by this outrageous policy, has made it impossible for me to sell this property—essentially forcing me to continue to own and maintain this home and pay the bills. Forcing me to keep a home I want to sell so a tenant can stay there rent-free is un-American.”

“I own two rental units and I have a tenant who I began eviction proceedings on long before the COVID pandemic,” said Michael Kohler, another small property owner. “Once the moratorium kicked in he refused to leave. More recently, he has taunted me by asking how it feels to have him “squatting” on my property. It is outrageous that my rights are being trampled on so that a bad tenant can continue to live on my property rent-free. We must pass Senator Martucci’s and Assemblyman Brabenec’s legislation immediately.”

Senator Martucci has two bills in the Senate: S6597, limiting the application of the eviction moratorium to those who own ten or fewer units, and S6726 which would repeal the eviction moratorium for all property owners on June 30, 2021 as Federal guidelines suggest. Assemblyman Brabenec is introducing duplicates to this legislation in the State Assembly. 

Mike Martucci is serving his first term as the Senator for New York's 42nd State Senate District which comprises all of Sullivan County and parts of Orange, Ulster, and Delaware counties. He is the ranking member of the Senate Standing Committees on Disabilities and Commerce, Economic Development And Small Business.

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