NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1621A
SPONSOR: Rosenthal (MS) TITLE OF BILL:
An act to amend the real property actions and proceedings law, in
relation to conditions precedent to the bringing of certain actions or
proceedings
PURPOSE:
This bill prevents property owners who are actively in violation of
state, city, or local building or housing codes from bringing eviction
proceedings against tenants for nonpayment of rent.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivision 1 and 2 of section 711 of the real prop-
erty actions and proceedings law.
Section two amends section 741 of the real property actions and
proceedings law by adding a new subdivision 3-a.
Section three amends adds a new section 752 to the real property action
and proceedings law Section four establishes the effective date.
JUSTIFICATION:
In New York City, the Department of Housing Preservation and Development
reported a record 835,011 housing maintenance problems in fiscal year
2025, including over 161,000 heat and hot water failures and 42,000 lead
paint hazards. A 2018 study conducted by the Regional Plan Association
found that 48% of evictions in New York City occurred in buildings with
numerous building code violations. This bill protects tenants from
potentially hazardous and unsafe conditions and creates a more just
legal landscape by establishing that a landlord must have "clean hands"
to move forward with an eviction proceeding. Where a landlord has
corrected existing violations, or can show they were recorded in error,
the case may proceed. This legislation would ensure that the obligations
of both the landlord and tenant are considered in any eviction proceed-
ing, preventing either party from demanding judicial enforcement of the
other's duties while remaining in breach of their own.
LEGISLATIVE HISTORY:
2023-24: A.1853 - Referred to Housing; S.6769 - Referred to Housing,
Construction and Community Development
2021-22: A.490-A - Referred to Housing
2019-20: A.2036 - Referred to Housing
2017-18: A,3212 - Referred to Housing; S.3646 - Referred to Housing,
Construction and Community Development
2015-16: A.604 - Referred to Housing; 5.593 - Referred to Housing,
Construction and Community Development
2013-14: A.505 - Referred to Housing; S.5438 Referred to Housing,
Construction and Community Development
2011-12: A.1612 - Referred to Housing
2009-10: A.4545 - Referred to Housing
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
Immediately.
