Bill Text: NY S07402 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to rent impairing violations and eviction proceedings.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-03 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S07402 Detail]
Download: New_York-2023-S07402-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7402 2023-2024 Regular Sessions IN SENATE May 23, 2023 ___________ Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend the multiple dwelling law, in relation to rent impairing violations; and to amend the real property actions and proceedings law, in relation to eviction proceedings The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 302-a of the multiple dwelling 2 law, as added by chapter 911 of the laws of 1965, is amended to read as 3 follows: 4 3. a. If (i) the official records of the department shall note that a 5 rent impairing violation exists or existed in respect to a multiple 6 dwelling and that notice of such violation has been given by the depart- 7 ment, by mail, to the owner last registered with the department and (ii) 8 such note of the violation [is] was not cancelled or removed of record 9 within [six] three months after the date of such notice of such 10 violation, then for the period that such violation remains uncorrected 11 after the expiration of said [six] three months, no rent shall be recov- 12 ered by any owner for any premises in such multiple dwelling used by a 13 resident thereof for human habitation in which the condition constitut- 14 ing such rent impairing violation exists, provided, however, that if the 15 violation is one that requires approval of plans by the department for 16 the corrective work and if plans for such corrective work shall have 17 been duly filed within [three months] one month from the date of notice 18 of such violation by the department to the owner last registered with 19 the department, the [six-months] three month period aforementioned shall 20 not begin to run until the date that plans for the corrective work are 21 approved by the department; if plans are not filed within said [three-22months] one month period or if so filed, they are disapproved and amend- 23 ments are not duly filed within thirty days after the date of notifica- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11616-01-3S. 7402 2 1 tion of the disapproval by the department to the person having filed the 2 plans, the [six-months] three month period shall be computed as if no 3 plans whatever had been filed under this proviso. If a condition consti- 4 tuting a rent impairing violation exists in the part of a multiple 5 dwelling used in common by the residents or in the part under the 6 control of the owner thereof, the violation shall be deemed to exist in 7 the respective premises of each resident of the multiple dwelling. 8 b. The provisions of subparagraph a shall not apply if (i) the condi- 9 tion referred to in the department's notice to the owner last registered 10 with the department did not in fact exist, notwithstanding the notation 11 thereof in the records of the department; (ii) the condition which is 12 the subject of the violation has in fact been corrected within the three 13 month period required by subparagraph a of this subdivision, though the 14 note thereof in the department has not been removed or cancelled; (iii) 15 the violation has been caused by the resident from whom rent is sought 16 to be collected or by members of his family or by his guests or by 17 another resident of the multiple dwelling or the members of the family 18 of such other resident or by his guests, or (iv) the resident proceeded 19 against for rent has refused entry to the owner for the purpose of 20 correcting the condition giving rise to the violation. 21 c. To raise a defense under subparagraph a in any action to recover 22 rent or in any special proceeding for the recovery of possession because 23 of non-payment of rent, the resident must affirmatively plead and prove 24 the material facts under subparagraph a[, and must also deposit with the25clerk of the court in which the action or proceeding is pending at the26time of filing of the resident's answer the amount of rent sought to be27recovered in the action or upon which the proceeding to recover28possession is based, to be held by the clerk of the court until final29disposition of the action or proceeding at which time the rent deposited30shall be paid to the owner, if the owner prevails, or be returned to the31resident if the resident prevails. Such deposit of rent shall vitiate32any right on the part of the owner to terminate the lease or rental33agreement of the resident because of nonpayment of rent]. 34 d. If a resident voluntarily pays rent or an installment of rent when 35 he or she would be privileged to withhold the same under subparagraph a, 36 he or she shall [not thereafter] have [any] a claim or cause of action 37 to recover back the rent or installment of rent so paid. A voluntary 38 payment within the meaning hereof shall mean payment other than one made 39 pursuant to a judgment in an action or special proceeding. 40 e. [If upon the trial of any action to recover rent or any special41proceeding for the recovery of possession because of non-payment of rent42it shall appear that the resident has raised a defense under this43section in bad faith, or has caused the violation or has refused entry44to the owner for the purpose of correcting the condition giving rise to45the violation, the court, in its discretion, may impose upon the resi-46dent the reasonable costs of the owner, including counsel fees, in main-47taining the action or proceeding not to exceed one hundred dollars.] The 48 department shall notify the resident and owner when a rent impairing 49 violation has been placed in their apartment. The notification shall 50 include a list of the rent impairing violations placed and an explana- 51 tion of the resident's right to raise the rent impairing violations as a 52 defense in any action to recover rent or in any special proceeding for 53 the recovery of possession because of non-payment of rent. 54 § 2. Subdivisions 10 and 11 of section 713 of the real property 55 actions and proceedings law, subdivision 10 as amended by chapter 467 ofS. 7402 3 1 the laws of 1981 and subdivision 11 as added by chapter 312 of the laws 2 of 1962, are amended to read as follows: 3 10. The person in possession has entered the property or remains in 4 possession by force or unlawful means and he or she or his or her prede- 5 cessor in interest was not in quiet possession for three years before 6 the time of the forcible or unlawful entry or detainer and the petition- 7 er was peaceably in actual possession at the time of the forcible or 8 unlawful entry or in constructive possession at the time of the forcible 9 or unlawful detainer. Any lawful occupant, physically or constructively 10 in possession, who has been evicted or dispossessed without the court 11 process mandated by section seven hundred eleven of this article, may 12 commence a proceeding under this subdivision to be restored to 13 possession, and shall be so restored upon proof that their eviction was 14 unlawful; no notice to quit shall be required in order to maintain a 15 proceeding under this subdivision. 16 11. The person in possession entered into possession as an incident to 17 employment by petitioner, and the time agreed upon for such possession 18 has expired or, if no such time was agreed upon, the employment has been 19 terminated[; no notice to quit shall be required in order to maintain20the proceeding under this subdivision]. 21 § 3. Subdivisions 2 and 3 of section 732 of the real property actions 22 and proceedings law, as amended by section 14 of part M of chapter 36 of 23 the laws of 2019, are amended to read as follows: 24 2. If the respondent answers, the clerk shall fix a date for trial or 25 hearing not less than three nor more than eight days after joinder of 26 issue, and shall immediately notify by mail the parties or their attor- 27 neys of such date. If the determination be for the petitioner, the issu- 28 ance of a warrant shall not be stayed for more than five days from such 29 determination, except as provided in section seven hundred fifty-three 30 of this article. If the respondent fails to appear on such date, the 31 court, after making an assessment, pursuant to section thirty-two 32 hundred fifteen of the civil practice law and rules, may issue a judg- 33 ment in favor of the petitioner and the issuance of the warrant shall be 34 stayed for a period not to exceed ten days from the date of service, 35 except as provided in section seven hundred fifty-three of this article. 36 3. If the respondent fails to answer within ten days from the date of 37 service, as shown by the affidavit or certificate of service of the 38 notice of petition and petition, [the judge shall render judgment in39favor of the petitioner and] the petitioner may make an application for 40 a default judgment. Upon this application, the clerk shall fix a date 41 for inquest and immediately notify by mail the parties or their attor- 42 neys of such date. If the respondent fails to appear on such date, the 43 court, after making an assessment, pursuant to section thirty-two 44 hundred fifteen of the civil practice law and rules, may issue a judg- 45 ment in favor of the petitioner and may stay the issuance of the warrant 46 for a period of not to exceed ten days from the date of service, except 47 as provided in section seven hundred fifty-three of this article. 48 § 4. This act shall take effect immediately and shall apply to all 49 pending proceedings on and after such date.
