Bill Text: NY S07986 | 2023-2024 | General Assembly | Introduced

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Bill Title: Enacts the "protection against unfair section 8 evictions (P.A.U.S.E.) act"; provides that in any case of public assistance where the municipality or section 8 refuses to pay the required portion of rent under any state, local or federal subsidy program due to building code violations or violations of the warranty of habitability pursuant to section two hundred thirty-five-b of the real property law, the tenant or lawful occupant of a dwelling shall not be required to pay his or her share under any state, local or federal subsidy program and shall not be subject to eviction summary proceedings for non-payment of rent or supplemental rent.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-04 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S07986 Detail]

Download: New_York-2023-S07986-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7986

                    IN SENATE

                                     January 4, 2024
                                       ___________

        Introduced  by  Sen.  CLEARE -- 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 real property actions and proceedings law and the
          real property law, in relation to unlawful eviction

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "protection against unfair section 8 evictions (P.A.U.S.E.) act".
     3    § 2. Section 768 of the real property actions and proceedings  law  is
     4  amended by adding a new subdivision 3 to read as follows:
     5    3.  In any case of public assistance where the municipality or section
     6  8 refuses to pay the required portion of rent under any state, local  or
     7  federal subsidy program due to building code violations or violations of
     8  the  warranty  of  habitability  pursuant to section two hundred thirty-
     9  five-b of the real property law, the tenant  or  lawful  occupant  of  a
    10  dwelling  shall not be required to pay his or her share under any state,
    11  local or federal subsidy program and shall not be  subject  to  eviction
    12  summary proceedings for non-payment of rent or supplemental rent.
    13    §  3.  Section 770 of the real property actions and proceedings law is
    14  amended by adding a new subdivision 3 to read as follows:
    15    3. In any case of public assistance where the municipality or  section
    16  8  refuses to pay the required portion of rent under any state, local or
    17  federal subsidy program due to building code violations or violations of
    18  the warranty of habitability pursuant to  section  two  hundred  thirty-
    19  five-b  of  the real property law or pursuant to subdivision one of this
    20  section, the tenants or lawful occupants of  a  dwelling  shall  not  be
    21  required to pay his or her share under a state, local or federal subsidy
    22  program  and  shall  not  be subject to eviction summary proceedings for
    23  non-payment of rent or supplemental rent.
    24    § 4. Section 235-b of the real property law is amended by adding a new
    25  subdivision 4 to read as follows:
    26    4. In any case of public assistance where the municipality or  section
    27  8  refuses to pay the required portion of rent under any state, local or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13031-04-4
        S. 7986                             2

     1  federal subsidy program due to building code violations or violations of
     2  the warranty of habitability pursuant to this section,  the  tenants  or
     3  lawful  occupants  of a dwelling shall not be required to pay his or her
     4  share under any state, local or federal subsidy program and shall not be
     5  subject  to  eviction  summary  proceedings  for  non-payment of rent or
     6  supplemental rent.
     7    § 5. This act shall take effect immediately.