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A05030 Summary:

BILL NOA05030B
 
SAME ASSAME AS S02892-B
 
SPONSORHunter
 
COSPNSRRosenthal L, Reyes, Barnwell, Fernandez, Niou, Barrett, Pretlow, Epstein, Miller MG, Simotas, Richardson, Arroyo, Davila, Cruz, Taylor, Crespo, Mosley, Pichardo, Gottfried, Glick, McMahon, Frontus, Carroll, Jaffee, Bichotte, Romeo, Dinowitz, Ortiz, Barron, Perry, Hevesi, Bronson, Seawright, Ryan, Kim, Rivera, Joyner, De La Rosa, Fall, D'Urso, Rozic, Blake, Darling, Walker, Ramos, Quart, Rodriguez, DenDekker, Jacobson, Steck, Rosenthal D, Colton, O'Donnell, Lentol, Cook, Aubry
 
MLTSPNSRNolan, Simon
 
Add Art 6-A 210 - 216, RP L
 
Prohibits eviction without good cause.
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A05030 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5030--B
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2019
                                       ___________
 
        Introduced by M. of A. HUNTER, L. ROSENTHAL, REYES, BARNWELL, FERNANDEZ,
          NIOU,  BARRETT,  PRETLOW,  EPSTEIN, M. G. MILLER, SIMOTAS, RICHARDSON,
          ARROYO, DAVILA, CRUZ, TAYLOR,  CRESPO,  MOSLEY,  PICHARDO,  GOTTFRIED,
          GLICK,  McMAHON,  FRONTUS, CARROLL, JAFFEE, BICHOTTE, DINOWITZ, ORTIZ,
          BARRON, PERRY, HEVESI, BRONSON, SEAWRIGHT, RYAN, KIM, RIVERA,  JOYNER,
          DE LA ROSA,  FALL,  D'URSO,  WEPRIN,  ROZIC,  BLAKE,  DARLING, WALKER,
          RAMOS, QUART, RODRIGUEZ,  DenDEKKER,  JACOBSON,  STECK,  D. ROSENTHAL,
          COLTON,  O'DONNELL, LENTOL, COOK, AUBRY -- Multi-Sponsored by -- M. of
          A. NOLAN, SIMON -- read once and referred to the Committee on  Housing
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee -- recommitted to the  Committee  on
          Housing  in  accordance  with  Assembly  Rule  3,  sec. 2 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        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:

     1    Section 1. The real property law is amended by adding  a  new  article
     2  6-A to read as follows:
     3                                 ARTICLE 6-A
     4                 PROHIBITION OF EVICTION WITHOUT GOOD CAUSE
     5  Section 210. Short title.
     6          211. Definitions.
     7          212. Applicability.
     8          213. Necessity for good cause.
     9          214. Grounds for removal of tenants.
    10          215. Preservation of existing requirements of law.
    11          216. Waiver of rights void.
    12    § 210. Short title. This article shall be cited as the "Prohibition of
    13  eviction without good cause law".
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07492-07-0

        A. 5030--B                          2
 
     1    §  211.  Definitions.  1. The term "housing accommodation", as used in
     2  this article shall mean any residential  premises,  including  a  mobile
     3  home or land in a mobile home park.
     4    2.  The  term "landlord" as used in this article shall mean any owner,
     5  lessor, sublessor, assignor, or other person receiving  or  entitled  to
     6  receive  rent for the occupancy of any housing accommodation or an agent
     7  of any of the foregoing.
     8    3. The term "tenant" as used in this  article  shall  mean  a  tenant,
     9  sub-tenant,  lessee,  sublessee,  assignee,  manufactured home tenant as
    10  defined in paragraph one of subdivision a of section two  hundred  thir-
    11  ty-three  of  this  chapter,  an occupant of a rooming house or hotel as
    12  defined in section seven hundred eleven of the real property actions and
    13  proceedings law or any other person entitled to the possession,  use  or
    14  occupancy of any housing accommodation.
    15    4.  The  term  "rent" as used in this article shall mean any consider-
    16  ation, including any bonus, benefit or gratuity demanded or received for
    17  or in connection with the possession, use or occupancy of housing accom-
    18  modations or the execution or transfer  of  a  lease  for  such  housing
    19  accommodations.
    20    5.  The  term  "disabled  person" as used in this article shall mean a
    21  person who has an impairment which results from  anatomical,  physiolog-
    22  ical  or  psychological  conditions,  other  than  addiction to alcohol,
    23  gambling,  or  any  controlled  substance,  which  are  demonstrable  by
    24  medically  acceptable clinical and laboratory diagnostic techniques, and
    25  which are expected to be permanent and which substantially limit one  or
    26  more of such person's major life activities.
    27    § 212. Applicability. This article shall apply to all housing accommo-
    28  dations except:
    29    1. owner-occupied premises with less than four units;
    30    2.  premises  sublet  pursuant  to section two hundred twenty-six-b of
    31  this chapter, or otherwise, where the sublessor seeks in good  faith  to
    32  recover  possession  of  such  housing  accommodation for his or her own
    33  personal use and occupancy;
    34    3. premises the possession, use or occupancy of which is solely  inci-
    35  dent to employment and such employment is being lawfully terminated; and
    36    4.  premises  otherwise  subject  to  regulation of rents or evictions
    37  pursuant to state or federal law to the extent that such state or feder-
    38  al law requires "good cause" for  termination  or  non-renewal  of  such
    39  tenancies.
    40    § 213. Necessity for good cause. No landlord shall, by action to evict
    41  or  to  recover  possession, by exclusion from possession, by failure to
    42  renew any lease, or otherwise, remove any tenant from  housing  accommo-
    43  dations covered by section two hundred twelve of this article except for
    44  good cause as defined in section two hundred fourteen of this article.
    45    §  214.  Grounds for removal of tenants. 1. No landlord shall remove a
    46  tenant from any housing accommodation, or attempt such removal or exclu-
    47  sion from possession, notwithstanding that the  tenant  has  no  written
    48  lease  or that the lease or other rental agreement has expired or other-
    49  wise terminated, except upon order of a court of competent  jurisdiction
    50  entered  in  an  appropriate  judicial action or proceeding in which the
    51  petitioner or plaintiff has established one of the following grounds  as
    52  good cause for removal or eviction:
    53    (a)  The tenant has failed to pay rent due and owing, provided however
    54  that the rent due and owing, or any part thereof, did not result from  a
    55  rent  increase  which  is  unreasonable  or  imposed  for the purpose of
    56  circumventing the intent of this article. In determining whether all  or

        A. 5030--B                          3
 
     1  part  of  the  rent  due and owing is the result of an unreasonable rent
     2  increase, it shall be a rebuttable  presumption  that  the  rent  for  a
     3  dwelling  not  protected by rent regulation is unreasonable if said rent
     4  has been increased in any calendar year by a percentage exceeding either
     5  three  percent or one and one-half times the annual percentage change in
     6  the Consumer Price Index for the region in which  the  housing  accommo-
     7  dation is located, as established the August preceding the calendar year
     8  in question, whichever is greater;
     9    (b)  The  tenant  is  violating a substantial obligation of his or her
    10  tenancy, other than the obligation  to  surrender  possession,  and  has
    11  failed  to  cure  such violation after written notice that the violation
    12  cease within ten days of receipt of such written notice, provided howev-
    13  er, that the obligation of tenancy for which violation  is  claimed  was
    14  not imposed for the purpose of circumventing the intent of this article;
    15    (c)  The tenant is committing or permitting a nuisance in such housing
    16  accommodation, or is maliciously or by reason of negligence damaging the
    17  housing accommodation; or the tenant's conduct is such as  to  interfere
    18  with  the  comfort  of the landlord or other tenants or occupants of the
    19  same or adjacent buildings or structures;
    20    (d) Occupancy of  the  housing  accommodation  by  the  tenant  is  in
    21  violation of or causes a violation of law and the landlord is subject to
    22  civil  or  criminal penalties therefore; provided however that an agency
    23  of the state or municipality having jurisdiction  has  issued  an  order
    24  requiring  the  tenant  to  vacate  the housing accommodation. No tenant
    25  shall be removed from possession of  a  housing  accommodation  on  such
    26  ground  unless  the  court  finds  that the cure of the violation of law
    27  requires the removal of the tenant and that the landlord did not through
    28  neglect or deliberate action or failure  to  act  create  the  condition
    29  necessitating the vacate order. In instances where the landlord does not
    30  undertake  to  cure conditions of the housing accommodation causing such
    31  violation of the law, the tenant shall have the right to pay  or  secure
    32  payment  in  a  manner satisfactory to the court, to cure such violation
    33  provided that any tenant expenditures shall be applied against  rent  to
    34  which  the  landlord is entitled. In instances where removal of a tenant
    35  is absolutely essential to his or her health and safety, the removal  of
    36  the tenant shall be without prejudice to any leasehold interest or other
    37  right  of occupancy the tenant may have and the tenant shall be entitled
    38  to resume possession at such time as the dangerous conditions have  been
    39  removed. Nothing herein shall abrogate or otherwise limit the right of a
    40  tenant  to  bring an action for monetary damages against the landlord to
    41  compel compliance by the landlord with all applicable state or municipal
    42  laws or housing codes;
    43    (e) The tenant is using or permitting the housing accommodation to  be
    44  used for an illegal purpose;
    45    (f)  The  tenant  has  unreasonably refused the landlord access to the
    46  housing accommodation for the purpose of  making  necessary  repairs  or
    47  improvements  required  by law or for the purpose of showing the housing
    48  accommodation to a prospective  purchaser,  mortgagee  or  other  person
    49  having a legitimate interest therein;
    50    (g)  The landlord seeks in good faith to recover possession of a hous-
    51  ing accommodation located in a building  containing  fewer  than  twelve
    52  units  because  of immediate and compelling necessity for his or her own
    53  personal use and occupancy as his or her  principal  residence,  or  the
    54  personal  use and occupancy as principal residence of his or her spouse,
    55  parent, child, stepchild, father-in-law or mother-in-law, when no  other
    56  suitable housing accommodation in such building is available. This para-

        A. 5030--B                          4

     1  graph  shall permit recovery of only one housing accommodation and shall
     2  not apply to a housing accommodation occupied by a tenant who is  sixty-
     3  two years of age or older or who is a disabled person;
     4    (h)  The  landlord seeks in good faith to recover possession of any or
     5  all housing accommodations located in a building  with  less  than  five
     6  units  to  personally  occupy  such housing accommodations as his or her
     7  principal residence.
     8    2. A tenant required to surrender a housing accommodation by virtue of
     9  the operation of paragraph (g) or (h) of subdivision one of this section
    10  shall have a cause of action in any court of competent jurisdiction  for
    11  damages,  declaratory,  and  injunctive  relief  against  a  landlord or
    12  purchaser of the premises who makes a fraudulent statement  regarding  a
    13  proposed  use  of the housing accommodation. In any action or proceeding
    14  brought pursuant to this provision a prevailing tenant shall be entitled
    15  to recovery of actual damages, and reasonable attorneys' fees.
    16    3. Nothing in this section shall abrogate or limit the tenant's  right
    17  pursuant to section seven hundred fifty-one of the real property actions
    18  and  proceedings  law to permanently stay the issuance or execution of a
    19  warrant or eviction in a summary proceeding, whether characterized as  a
    20  nonpayment,  objectionable tenancy, or holdover proceeding, the underly-
    21  ing basis of which is the nonpayment of rent,  so  long  as  the  tenant
    22  complies  with  the  procedural  requirements  of  section seven hundred
    23  fifty-one of the real property actions and proceedings law.
    24    § 215. Preservation of existing requirements of law. No  action  shall
    25  be maintainable and no judgment of possession shall be entered for hous-
    26  ing  accommodations  pursuant  to  section  two hundred fourteen of this
    27  article, unless the landlord has complied with any  and  all  applicable
    28  laws  governing  such action or proceeding and has complied with any and
    29  all applicable laws governing notice to tenants, including without limi-
    30  tation the manner and the  time  of  service  of  such  notice  and  the
    31  contents of such notice.
    32    §  216. Waiver of rights void. Any agreement by a tenant heretofore or
    33  hereinafter entered into in a written lease or  other  rental  agreement
    34  waiving  or  modifying  his  or  her rights as set forth in this article
    35  shall be void as contrary to public policy.
    36    § 2. Severability. If any provision of this act, or any application of
    37  any provision of this act, is held to be invalid, that shall not  affect
    38  the  validity or effectiveness of any other provision of this act, or of
    39  any other application of any provision of this act, which can  be  given
    40  effect  without  that  provision  or  application;  and to that end, the
    41  provisions and applications of this act are severable.
    42    § 3. This act shall take effect immediately and shall apply to actions
    43  and proceedings commenced on or after such effective date.
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