•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A05030 Summary:

BILL NOA05030A
 
SAME ASSAME AS S02892-A
 
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, Weprin, Rozic, Blake, Raynor, Walker, Ramos, Quart, Rodriguez, DenDekker, Jacobson, Steck, Rosenthal D, Colton
 
MLTSPNSRLentol, Nolan, Simon
 
Add Art 6-A 210 - 216, RP L
 
Prohibits eviction without good cause.
Go to top

A05030 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5030--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2019
                                       ___________
 
        Introduced  by M. of A. HUNTER, L. ROSENTHAL, REYES, BARNWELL, FERNANDEZ
          -- read once and referred to the Committee  on  Housing  --  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".
    14    § 211. Definitions. 1. The term "housing accommodation",  as  used  in
    15  this  article  shall  mean  any residential premises, including a mobile
    16  home or land in a mobile home park.
    17    2. The term "landlord" as used in this article shall mean  any  owner,
    18  lessor,  sublessor,  assignor,  or other person receiving or entitled to
    19  receive rent for the occupancy of any housing accommodation or an  agent
    20  of any of the foregoing.
    21    3.  The  term  "tenant"  as  used in this article shall mean a tenant,
    22  sub-tenant, lessee, sublessee, assignee,  manufactured  home  tenant  as
    23  defined  in  paragraph one of subdivision a of section two hundred thir-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07492-03-9

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

        A. 5030--A                          3
 
     1  cease within ten days of receipt of such written notice, provided howev-
     2  er,  that  the  obligation of tenancy for which violation is claimed was
     3  not imposed for the purpose of circumventing the intent of this article;
     4    (c)  The tenant is committing_or permitting a nuisance in such housing
     5  accommodation, or is maliciously or by reason of negligence damaging the
     6  housing accommodation; or the tenant's conduct is such as  to  interfere
     7  with  the  comfort  of the landlord or other tenants or occupants of the
     8  same or adjacent buildings or structures;
     9    (d) Occupancy of  the  housing  accommodation  by  the  tenant  is  in
    10  violation of or causes a violation of law and the landlord is subject to
    11  civil  or  criminal penalties therefore; provided however that an agency
    12  of the state or municipality having jurisdiction  has  issued  an  order
    13  requiring  the  tenant  to  vacate  the housing accommodation. No tenant
    14  shall be removed from possession of  a  housing  accommodation  on  such
    15  ground  unless  the  court  finds  that the cure of the violation of law
    16  requires the removal of the tenant and that the landlord did not through
    17  neglect or deliberate action or failure  to  act  create  the  condition
    18  necessitating the vacate order. In instances where the landlord does not
    19  undertake  to  cure conditions of the housing accommodation causing such
    20  violation of the law, the tenant shall have the right to pay  or  secure
    21  payment  in  a  manner satisfactory to the court, to cure such violation
    22  provided that any tenant expenditures shall be applied against  rent  to
    23  which  the  landlord is entitled. In instances where removal of a tenant
    24  is absolutely essential to his or her health and safety, the removal  of
    25  the tenant shall be without prejudice to any leasehold interest or other
    26  right  of occupancy the tenant may have and the tenant shall be entitled
    27  to resume possession at such time as the dangerous conditions have  been
    28  removed. Nothing herein shall abrogate or otherwise limit the right of a
    29  tenant  to  bring an action for monetary damages against the landlord to
    30  compel compliance by the landlord with all applicable state or municipal
    31  laws or housing codes;
    32    (e) The tenant is using or permitting the housing accommodation to  be
    33  used for an illegal purpose;
    34    (f)  The  tenant  has  unreasonably refused the landlord access to the
    35  housing accommodation for the purpose of  making  necessary  repairs  or
    36  improvements  required  by law or for the purpose of showing the housing
    37  accommodation to a prospective  purchaser,  mortgagee  or  other  person
    38  having a legitimate interest therein;
    39    (g)  The landlord seeks in good faith to recover possession of a hous-
    40  ing accommodation located in a building  containing  fewer  than  twelve
    41  units  because  of immediate and compelling necessity for his or her own
    42  personal use and occupancy as his or her  principal  residence,  or  the
    43  personal  use and occupancy as principal residence of his or her spouse,
    44  parent, child, stepchild, father-in-law or mother-in-law, when no  other
    45  suitable housing accommodation in such building is available. This para-
    46  graph  shall permit recovery of only one housing accommodation and shall
    47  not apply to a housing accommodation occupied by a tenant who is  sixty-
    48  two years of age or older or who is a disabled person;
    49    (h)  The  landlord seeks in good faith to recover possession of any or
    50  all housing accommodations located in a building  with  less  than  five
    51  units  to  personally  occupy  such housing accommodations as his or her
    52  principal residence.
    53    2. A tenant required to surrender a housing accommodation by virtue of
    54  the operation of paragraph (g) or (h) of subdivision one of this section
    55  shall have a cause of action in any court of competent jurisdiction  for
    56  damages,  declaratory,  and  injunctive  relief  against  a  landlord or

        A. 5030--A                          4
 
     1  purchaser of the premises who makes a fraudulent statement  regarding  a
     2  proposed  use  of the housing accommodation. In any action or proceeding
     3  brought pursuant to this provision a prevailing tenant shall be entitled
     4  to recovery of actual damages, and reasonable attorneys' fees.
     5    3.  Nothing in this section shall abrogate or limit the tenant's right
     6  pursuant to section seven hundred fifty-one of the real property actions
     7  and proceedings law to permanently stay the issuance or execution  of  a
     8  warrant  or eviction in a summary proceeding, whether characterized as a
     9  nonpayment, objectionable tenancy, or holdover proceeding, the  underly-
    10  ing  basis  of  which  is  the nonpayment of rent, so long as the tenant
    11  complies with the  procedural  requirements  of  section  seven  hundred
    12  fifty-one of the real property actions and proceedings law.
    13    §  215.  Preservation of existing requirements of law. No action shall
    14  be maintainable and no judgment of possession shall be entered for hous-
    15  ing accommodations pursuant to section  two  hundred  fourteen  of  this
    16  article,  unless  the  landlord has complied with any and all applicable
    17  laws governing such action or proceeding and has complied with  any  and
    18  all applicable laws governing notice to tenants, including without limi-
    19  tation  the  manner  and  the  time  of  service  of such notice and the
    20  contents of such notice.
    21    § 216. Waiver of rights void. Any agreement by a tenant heretofore  or
    22  hereinafter  entered  into  in a written lease or other rental agreement
    23  waiving or modifying his or her rights as  set  forth  in  this  article
    24  shall be void as contrary to public policy.
    25    § 2. Severability. If any provision of this act, or any application of
    26  any  provision of this act, is held to be invalid, that shall not affect
    27  the validity or effectiveness of any other provision of this act, or  of
    28  any  other  application of any provision of this act, which can be given
    29  effect without that provision or  application;  and  to  that  end,  the
    30  provisions and applications of this act are severable.
    31    § 3. This act shall take effect immediately and shall apply to actions
    32  and proceedings commenced on or after such effective date.
Go to top