Bill Text: NY A10290 | 2019-2020 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides that no court shall issue a warrant of eviction or judgment of possession against a residential tenant that has suffered a financial hardship for the non-payment of rent that accrues or becomes due during the COVID-19 covered period.
Spectrum: Partisan Bill (Democrat 25-0)
Status: (Passed) 2020-06-30 - APPROVAL MEMO.2 [A10290 Detail]
Download: New_York-2019-A10290-Amended.html
Bill Title: Provides that no court shall issue a warrant of eviction or judgment of possession against a residential tenant that has suffered a financial hardship for the non-payment of rent that accrues or becomes due during the COVID-19 covered period.
Spectrum: Partisan Bill (Democrat 25-0)
Status: (Passed) 2020-06-30 - APPROVAL MEMO.2 [A10290 Detail]
Download: New_York-2019-A10290-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 10290--A IN ASSEMBLY April 8, 2020 ___________ Introduced by M. of A. DINOWITZ, SEAWRIGHT, EPSTEIN, LENTOL, SIMOTAS, JAFFEE, GOTTFRIED, ORTIZ, RAMOS, SIMON -- read once and referred to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the real property actions and proceedings law, the real property law, and the civil practice law and rules, in relation to proceedings related to a tenant's default in the payment of rent between March 7, 2020 and a date six months after the expiration of the state COVID-19 disaster emergency The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "tenant 2 safe harbor act". 3 § 2. Subdivision 2 of section 711 of the real property actions and 4 proceedings law, as amended by section 12 of part M of chapter 36 of the 5 laws of 2019, is amended to read as follows: 6 2. The tenant has defaulted in the payment of rent, pursuant to the 7 agreement under which the premises are held, and a written demand of the 8 rent has been made with at least fourteen days' notice requiring, in the 9 alternative, the payment of the rent, or the possession of the premises, 10 has been served upon him or her as prescribed in section seven hundred 11 thirty-five of this article. Any person succeeding to the landlord's 12 interest in the premises may proceed under this subdivision for rent due 13 his or her predecessor in interest if he or she has a right thereto. 14 Where a tenant dies during the term of the lease and rent due has not 15 been paid and the apartment is occupied by a person with a claim to 16 possession, a proceeding may be commenced naming the occupants of the 17 apartment seeking a possessory judgment only as against the estate. 18 Entry of such a judgment shall be without prejudice to the possessory 19 claims of the occupants, and any warrant issued shall not be effective 20 as against the occupants. This subdivision shall not apply where a 21 tenant has defaulted in the payment of rent due between March seventh, 22 two thousand twenty and a date six months after the expiration of the 23 state disaster emergency, as such term is defined in section twenty of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16113-04-0A. 10290--A 2 1 the executive law, declared pursuant to executive order two hundred two 2 of two thousand twenty, as amended. 3 § 3. Subdivision 2 of section 747 of the real property actions and 4 proceedings law, as added by chapter 312 of the laws of 1962, is amended 5 to read as follows: 6 2. The judgment shall not bar an action to recover the possession of 7 real property. The judgment shall not bar an action, proceeding or coun- 8 terclaim, commenced or interposed within sixty days of entry of the 9 judgment, for affirmative equitable relief which was not sought by coun- 10 terclaim in the proceeding because of the limited jurisdiction of the 11 court. No judgment for possession shall be entered from rent owed 12 between March seventh, two thousand twenty and a date six months after 13 the expiration of the state disaster emergency, as such term is defined 14 in section twenty of the executive law, declared pursuant to executive 15 order two hundred two of two thousand twenty, as amended. 16 § 4. The real property actions and proceedings law is amended by 17 adding a new section 712 to read as follows: 18 § 712. Grounds where landlord-tenant relationship exists; special 19 proceedings for rent due during the COVID-19 pandemic. A tenant shall 20 include an occupant of one or more rooms in a rooming house or a resi- 21 dent, not including a transient occupant, of one or more rooms in a 22 hotel who has been in possession for thirty consecutive days or longer. 23 No tenant or lawful occupant of a premises shall be removed from 24 possession in a special proceeding maintained under this article upon 25 the grounds of this section. A special proceeding for a judgment of rent 26 due may be maintained where the tenant has defaulted in the payment of 27 rent, pursuant to the agreement under which the premises are held, where 28 such rent was due between March seventh, two thousand twenty and a date 29 six months after the expiration of the state disaster emergency, as that 30 term is defined in section twenty of the executive law, declared pursu- 31 ant to executive order two hundred two of two thousand twenty, as 32 amended, and a written demand of the rent has been made with at least 33 fourteen days' notice requiring the payment of the rent, served upon the 34 tenant as prescribed in section seven hundred thirty-five of this arti- 35 cle. Any person succeeding to the landlord's interest in the premises 36 may proceed under this section for rent due his or her predecessor in 37 interest for the time period specified above if he or she has a right 38 thereto. 39 § 5. Subdivisions 1, 2, 4, 5 and 6 of section 223-b of the real prop- 40 erty law, as amended by section 2 of part M of chapter 36 of the laws of 41 2019, are amended to read as follows: 42 1. No landlord of premises or units to which this section is applica- 43 ble shall serve a notice to quit upon any tenant or commence any action 44 to recover real property or summary proceeding to recover possession of 45 real property in retaliation for: 46 a. A good faith complaint, by or in behalf of the tenant, to the land- 47 lord, the landlord's agent or a governmental authority of the landlord's 48 alleged violation of any health or safety law, regulation, code, or 49 ordinance, the warranty of habitability under section two hundred thir- 50 ty-five-b of this article, the duty to repair under sections seventy- 51 eight, seventy-nine, and eighty of the multiple dwelling law or section 52 one hundred seventy-four of the multiple residence law, or any law or 53 regulation which has as its objective the regulation of premises used 54 for dwelling purposes or which pertains to the offense of rent gouging 55 in the third, second or first degree; orA. 10290--A 3 1 b. Actions taken in good faith, by or in behalf of the tenant, to 2 secure or enforce any rights under the lease or rental agreement, the 3 warranty of habitability under section two hundred thirty-five-b of this 4 article, the duty to repair under sections seventy-eight, seventy-nine, 5 and eighty of the multiple dwelling law or section one hundred seventy- 6 four of the multiple residence law, or under any other law of the state 7 of New York, or of its governmental subdivisions, or of the United 8 States which has as its objective the regulation of premises used for 9 dwelling purposes or which pertains to the offense of rent gouging in 10 the third, second or first degree; [or] 11 c. The tenant's participation in the activities of a tenant's organ- 12 ization; or 13 d. The tenant's failure to pay all or a portion of rent due between 14 March seventh, two thousand twenty and a date six months after the expi- 15 ration of the state disaster emergency, as that term is defined in 16 section twenty of the executive law, declared pursuant to executive 17 order two hundred two of two thousand twenty, as amended. 18 2. No landlord of premises or units to which this section is applica- 19 ble or such landlord's agent shall substantially alter the terms of the 20 tenancy in retaliation for any actions set forth in paragraphs a, b, 21 [and] c, and d of subdivision one of this section. Substantial alter- 22 ation shall include, but is not limited to, the refusal to continue a 23 tenancy of the tenant, upon expiration of the tenant's lease, to renew 24 the lease or offer a new lease, or offering a new lease with an unrea- 25 sonable rent increase; provided, however, that a landlord shall not be 26 required under this section to offer a new lease or a lease renewal for 27 a term greater than one year. 28 4. In any action to recover real property or summary proceeding to 29 recover possession of real property, judgment shall be entered for the 30 tenant if the court finds that the landlord is acting in retaliation for 31 any action set forth in paragraphs a, b, [and] c, and d of subdivision 32 one of this section. Retaliation shall be asserted as an affirmative 33 defense in such action or proceeding. The tenant shall not be relieved 34 of the obligation to pay any rent for which he is otherwise liable. 35 5. In an action or proceeding instituted against a tenant of premises 36 or a unit to which this section is applicable, a rebuttable presumption 37 that the landlord is acting in retaliation shall be created if the 38 tenant establishes that the landlord served a notice to quit, or insti- 39 tuted an action or proceeding to recover possession, or attempted to 40 substantially alter the terms of the tenancy, within one year after: 41 a. A good faith complaint was made, by or in behalf of the tenant, to 42 the landlord, the landlord's agent or a governmental authority of the 43 landlord's violation of any health or safety law, regulation, code, or 44 ordinance, the warranty of habitability under section two hundred thir- 45 ty-five-b of this article, the duty to repair under sections seventy- 46 eight, seventy-nine, and eighty of the multiple dwelling law or section 47 one hundred seventy-four of the multiple residence law, or any law or 48 regulation which has as its objective the regulation of premises used 49 for dwelling purposes or which pertains to the offense of rent gouging 50 in the third, second or first degree; or 51 b. The tenant in good faith took action to secure or enforce against 52 the landlord or his agents any rights under the lease or rental agree- 53 ment, the warranty of habitability under section two hundred thirty- 54 five-b of this article, the duty to repair under sections seventy-eight, 55 seventy-nine, and eighty of the multiple dwelling law or section one 56 hundred seventy-four of the multiple residence law, or under any otherA. 10290--A 4 1 law of the state of New York, or of its governmental subdivisions, or of 2 the United States which has as its objective the regulation of premises 3 used for dwelling purposes or which pertains to the offense of rent 4 gouging in the third, second or first degree. 5 c. Judgment under subdivision three or four of this section was 6 entered for the tenant in a previous action between the parties; or an 7 inspection was made, an order was entered, or other action was taken as 8 a result of a complaint or act described in paragraph a or b of this 9 subdivision. 10 d. The tenant failed to pay all or a portion of rent due between March 11 seventh, two thousand twenty and a date six months after the expiration 12 of the state disaster emergency, as that term is defined in section 13 twenty of the executive law, declared pursuant to executive order two 14 hundred two of two thousand twenty, as amended. 15 The effect of the presumption shall be to require the landlord to 16 establish a non-retaliatory motive for his acts by a preponderance of 17 the evidence. 18 6. This section shall apply to all rental residential premises except 19 owner-occupied dwellings with less than four units. However, its 20 provisions, other than paragraph d of subdivision one of this section, 21 shall not be given effect in any case in which it is established that 22 the condition from which the complaint or action arose was caused by the 23 tenant, a member of the tenant's household, or a guest of the tenant. 24 Nor shall it apply in a case where a tenancy was terminated pursuant to 25 the terms of a lease as a result of a bona fide transfer of ownership. 26 § 6. Subdivision (b) of section 5231 of the civil practice law and 27 rules, as amended by chapter 575 of the laws of 2008, is amended to read 28 as follows: 29 (b) Issuance. Where a judgment debtor is receiving or will receive 30 money from any source, an income execution for installments therefrom of 31 not more than ten percent thereof may be issued and delivered to the 32 sheriff of the county in which the judgment debtor resides or, where the 33 judgment debtor is a non-resident, the county in which he is employed; 34 provided, however, that (i) no amount shall be withheld from the judg- 35 ment debtor's earnings pursuant to an income execution for any week 36 unless the disposable earnings of the judgment debtor for that week 37 exceed the greater of thirty times the federal minimum hourly wage 38 prescribed in the Fair Labor Standards Act of 1938 or thirty times the 39 state minimum hourly wage prescribed in section six hundred fifty-two of 40 the labor law as in effect at the time the earnings are payable; (ii) 41 except as provided in paragraph (iii) of this subdivision, the amount 42 withheld from the judgment debtor's earnings pursuant to an income 43 execution for any week shall not exceed twenty-five percent of the 44 disposable earnings of the judgment debtor for that week, or, the amount 45 by which the disposable earnings of the judgment debtor for that week 46 exceed the greater of thirty times the federal minimum hourly wage 47 prescribed by the Fair Labor Standards Act of 1938 or thirty times the 48 state minimum hourly wage prescribed in section six hundred fifty-two of 49 the labor law as in effect at the time the earnings are payable, which- 50 ever is less; (iii) where the income execution is for a judgment of 51 residential rent due between March seventh, two thousand twenty and a 52 date six months after the expiration of the state disaster emergency, as 53 that term is defined in section twenty of the executive law, declared 54 pursuant to executive order two hundred two of two thousand twenty, as 55 amended, the amount withheld from the judgment debtor's earnings pursu- 56 ant to an income execution for any week shall not exceed ten percent ofA. 10290--A 5 1 the disposable earnings of the judgment debtor for that week, or, the 2 amount by which the disposable earnings of the judgment debtor for that 3 week exceed the greater of thirty times the federal minimum hourly wage 4 prescribed by the Fair Labor Standards Act of 1938 or thirty times the 5 state minimum hourly wage prescribed in section six hundred fifty-two of 6 the labor law as in effect at the time the earnings are payable, which- 7 ever is less; (iv) if the earnings of the judgment debtor are also 8 subject to deductions for alimony, support or maintenance for family 9 members or former spouses pursuant to section five thousand two hundred 10 forty-one or section five thousand two hundred forty-two of this arti- 11 cle, the amount withheld from the judgment debtor's earnings pursuant to 12 this section shall not exceed the amount by which twenty-five percent of 13 the disposable earnings of the judgment debtor for that week exceeds the 14 amount deducted from the judgment debtor's earnings in accordance with 15 section five thousand two hundred forty-one or section five thousand two 16 hundred forty-two of this article. Nothing in this section shall be 17 construed to modify, abrogate, impair, or affect any exemption from the 18 satisfaction of a money judgment otherwise granted by law. 19 § 7. This act shall take effect immediately.
