S03082 Summary:

Add Art 6-A §§210 - 216, RP L
Prohibits eviction without good cause.
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S03082 Actions:

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S03082 Committee Votes:

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S03082 Floor Votes:

There are no votes for this bill in this legislative session.
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S03082 Memo:

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S03082 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                    IN SENATE
                                    January 27, 2021
          read  twice  and  ordered printed, and when printed to be committed to
          the Committee on Judiciary

        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
     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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 3082                             2
     1  defined in paragraph one of subdivision a of section two  hundred  thir-
     2  ty-three  of  this  chapter,  an occupant of a rooming house or hotel as
     3  defined in section seven hundred eleven of the real property actions and
     4  proceedings  law  or any other person entitled to the possession, use or
     5  occupancy of any housing accommodation.
     6    4. The term "rent" as used in this article shall  mean  any  consider-
     7  ation, including any bonus, benefit or gratuity demanded or received for
     8  or in connection with the possession, use or occupancy of housing accom-
     9  modations  or  the  execution  or  transfer  of a lease for such housing
    10  accommodations.
    11    5. The term "disabled person" as used in this  article  shall  mean  a
    12  person  who  has an impairment which results from anatomical, physiolog-
    13  ical or psychological  conditions,  other  than  addiction  to  alcohol,
    14  gambling,  or  any  controlled  substance,  which  are  demonstrable  by
    15  medically acceptable clinical and laboratory diagnostic techniques,  and
    16  which  are expected to be permanent and which substantially limit one or
    17  more of such person's major life activities.
    18    § 212. Applicability. This article shall apply to all housing accommo-
    19  dations except:
    20    1. owner-occupied premises with less than four units;
    21    2. premises sublet pursuant to section  two  hundred  twenty-six-b  of
    22  this  chapter,  or otherwise, where the sublessor seeks in good faith to
    23  recover possession of such housing accommodation  for  his  or  her  own
    24  personal use and occupancy;
    25    3.  premises the possession, use or occupancy of which is solely inci-
    26  dent to employment and such employment is being lawfully terminated; and
    27    4. premises otherwise subject to  regulation  of  rents  or  evictions
    28  pursuant to state or federal law to the extent that such state or feder-
    29  al  law  requires  "good  cause"  for termination or non-renewal of such
    30  tenancies.
    31    § 213. Necessity for good cause. No landlord shall, by action to evict
    32  or to recover possession, by exclusion from possession,  by  failure  to
    33  renew  any  lease, or otherwise, remove any tenant from housing accommo-
    34  dations covered by section two hundred twelve of this article except for
    35  good cause as defined in section two hundred fourteen of this article.
    36    § 214. Grounds for removal of tenants. 1. No landlord shall  remove  a
    37  tenant from any housing accommodation, or attempt such removal or exclu-
    38  sion  from  possession,  notwithstanding  that the tenant has no written
    39  lease or that the lease or other rental agreement has expired or  other-
    40  wise  terminated, except upon order of a court of competent jurisdiction
    41  entered in an appropriate judicial action or  proceeding  in  which  the
    42  petitioner  or plaintiff has established one of the following grounds as
    43  good cause for removal or eviction:
    44    (a) The tenant has failed to pay rent due and owing, provided  however
    45  that  the rent due and owing, or any part thereof, did not result from a
    46  rent increase which is  unreasonable  or  imposed  for  the  purpose  of
    47  circumventing  the intent of this article. In determining whether all or
    48  part of the rent due and owing is the result  of  an  unreasonable  rent
    49  increase,  it  shall  be  a  rebuttable  presumption that the rent for a
    50  dwelling not protected by rent regulation is unreasonable if  said  rent
    51  has been increased in any calendar year by a percentage exceeding either
    52  three  percent or one and one-half times the annual percentage change in
    53  the Consumer Price Index for the region in which  the  housing  accommo-
    54  dation is located, as established the August preceding the calendar year
    55  in question, whichever is greater;

        S. 3082                             3
     1    (b)  The  tenant  is  violating a substantial obligation of his or her
     2  tenancy, other than the obligation  to  surrender  possession,  and  has
     3  failed  to  cure  such violation after written notice that the violation
     4  cease within ten days of receipt of such written notice, provided howev-
     5  er,  that  the  obligation of tenancy for which violation is claimed was
     6  not imposed for the purpose of circumventing the intent of this article;
     7    (c) The tenant is committing or permitting a nuisance in such  housing
     8  accommodation, or is maliciously or by reason of negligence damaging the
     9  housing  accommodation;  or the tenant's conduct is such as to interfere
    10  with the comfort of the landlord or other tenants or  occupants  of  the
    11  same or adjacent buildings or structures;
    12    (d)  Occupancy  of  the  housing  accommodation  by  the  tenant is in
    13  violation of or causes a violation of law and the landlord is subject to
    14  civil or criminal penalties therefore; provided however that  an  agency
    15  of  the  state  or  municipality having jurisdiction has issued an order
    16  requiring the tenant to vacate  the  housing  accommodation.  No  tenant
    17  shall  be  removed  from  possession  of a housing accommodation on such
    18  ground unless the court finds that the cure  of  the  violation  of  law
    19  requires the removal of the tenant and that the landlord did not through
    20  neglect  or  deliberate  action  or  failure to act create the condition
    21  necessitating the vacate order. In instances where the landlord does not
    22  undertake to cure conditions of the housing accommodation  causing  such
    23  violation  of  the law, the tenant shall have the right to pay or secure
    24  payment in a manner satisfactory to the court, to  cure  such  violation
    25  provided  that  any tenant expenditures shall be applied against rent to
    26  which the landlord is entitled. In instances where removal of  a  tenant
    27  is  absolutely essential to his or her health and safety, the removal of
    28  the tenant shall be without prejudice to any leasehold interest or other
    29  right of occupancy the tenant may have and the tenant shall be  entitled
    30  to  resume possession at such time as the dangerous conditions have been
    31  removed. Nothing herein shall abrogate or otherwise limit the right of a
    32  tenant to bring an action for monetary damages against the  landlord  to
    33  compel compliance by the landlord with all applicable state or municipal
    34  laws or housing codes;
    35    (e)  The tenant is using or permitting the housing accommodation to be
    36  used for an illegal purpose;
    37    (f) The tenant has unreasonably refused the  landlord  access  to  the
    38  housing  accommodation  for  the  purpose of making necessary repairs or
    39  improvements required by law or for the purpose of showing  the  housing
    40  accommodation  to  a  prospective  purchaser,  mortgagee or other person
    41  having a legitimate interest therein;
    42    (g) The landlord seeks in good faith to recover possession of a  hous-
    43  ing  accommodation  located  in  a building containing fewer than twelve
    44  units because of immediate and compelling necessity for his or  her  own
    45  personal  use  and  occupancy  as his or her principal residence, or the
    46  personal use and occupancy as principal residence of his or her  spouse,
    47  parent,  child, stepchild, father-in-law or mother-in-law, when no other
    48  suitable housing accommodation in such building is available. This para-
    49  graph shall permit recovery of only one housing accommodation and  shall
    50  not  apply to a housing accommodation occupied by a tenant who is sixty-
    51  two years of age or older or who is a disabled person;
    52    (h) The landlord seeks in good faith to recover possession of  any  or
    53  all  housing  accommodations  located  in a building with less than five
    54  units to personally occupy such housing accommodations  as  his  or  her
    55  principal residence.

        S. 3082                             4
     1    2. A tenant required to surrender a housing accommodation by virtue of
     2  the operation of paragraph (g) or (h) of subdivision one of this section
     3  shall  have a cause of action in any court of competent jurisdiction for
     4  damages, declaratory,  and  injunctive  relief  against  a  landlord  or
     5  purchaser  of  the premises who makes a fraudulent statement regarding a
     6  proposed use of the housing accommodation. In any action  or  proceeding
     7  brought pursuant to this provision a prevailing tenant shall be entitled
     8  to recovery of actual damages, and reasonable attorneys' fees.
     9    3.  Nothing in this section shall abrogate or limit the tenant's right
    10  pursuant to section seven hundred fifty-one of the real property actions
    11  and proceedings law to permanently stay the issuance or execution  of  a
    12  warrant  or eviction in a summary proceeding, whether characterized as a
    13  nonpayment, objectionable tenancy, or holdover proceeding, the  underly-
    14  ing  basis  of  which  is  the nonpayment of rent, so long as the tenant
    15  complies with the  procedural  requirements  of  section  seven  hundred
    16  fifty-one of the real property actions and proceedings law.
    17    §  215.  Preservation of existing requirements of law. No action shall
    18  be maintainable and no judgment of possession shall be entered for hous-
    19  ing accommodations pursuant to section  two  hundred  fourteen  of  this
    20  article,  unless  the  landlord has complied with any and all applicable
    21  laws governing such action or proceeding and has complied with  any  and
    22  all applicable laws governing notice to tenants, including without limi-
    23  tation  the  manner  and  the  time  of  service  of such notice and the
    24  contents of such notice.
    25    § 216. Waiver of rights void. Any agreement by a tenant heretofore  or
    26  hereinafter  entered  into  in a written lease or other rental agreement
    27  waiving or modifying his or her rights as  set  forth  in  this  article
    28  shall be void as contrary to public policy.
    29    § 2. Severability. If any provision of this act, or any application of
    30  any  provision of this act, is held to be invalid, that shall not affect
    31  the validity or effectiveness of any other provision of this act, or  of
    32  any  other  application of any provision of this act, which can be given
    33  effect without that provision or  application;  and  to  that  end,  the
    34  provisions and applications of this act are severable.
    35    § 3. This act shall take effect immediately and shall apply to actions
    36  and proceedings commenced on or after such effective date.
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