Bill Text: NY A00709 | 2025-2026 | General Assembly | Introduced
Bill Title: Revises proceedings to recover possession of premises located in a multiple dwelling; requires premises to be registered with the local agency responsible for code enforcement; requires petition shall be stated in plain language and include notice of the rights of the respondent and a statement of any outstanding code violations on the premises and whether rent payments from a public assistance office is being withheld therefor; provides civil penalties for willful misstatements on such petition.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-08 - referred to housing [A00709 Detail]
Download: New_York-2025-A00709-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 709 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Housing AN ACT to amend the real property actions and proceedings law, in relation to proceedings to recover possession The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of section 711 of the real property 2 actions and proceedings law, as amended by section 1 of part II of chap- 3 ter 56 of the laws of 2024, is amended to read as follows: 4 [A] No tenant in a residential dwelling shall be removed from 5 possession except in a special proceeding or through other judicial 6 process. For the purposes of this article, a tenant shall include an 7 occupant of one or more rooms in a rooming house or a resident, not 8 including a transient occupant, of one or more rooms in a hotel who has 9 been in possession for thirty consecutive days or longer. A tenant shall 10 not include a squatter. For the purposes of this section, a squatter is 11 a person who enters onto or intrudes upon real property without the 12 permission of the person entitled to possession, and continues to occupy 13 the property without title, right or permission of the owner or owner's 14 agent or a person entitled to possession. In the event of a conflict 15 between the provisions regarding squatters of this section and the 16 provisions of subdivision three of section seven hundred thirteen of 17 this article, the provisions of section seven hundred thirteen of this 18 article shall be controlling. No tenant or lawful occupant of a dwelling 19 or housing accommodation shall be removed from possession except in a 20 special proceeding. A special proceeding may be maintained under this 21 article upon the following grounds: 22 § 2. Subdivision 1 of section 721 of the real property actions and 23 proceedings law, as added by chapter 312 of the laws of 1962, is amended 24 to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02401-01-5A. 709 2 1 1. The landlord or lessor, provided, however, that no person may 2 institute a proceeding pursuant to this article with respect to premises 3 located in a multiple dwelling until such time as the owner of the 4 multiple dwelling has registered properly with the agency responsible 5 for code enforcement, in accordance with the provisions of section three 6 hundred of the multiple residence law or section three hundred of the 7 multiple dwelling law. 8 § 3. Subdivision 1 of section 731 of the real property actions and 9 proceedings law, as amended by chapter 563 of the laws of 1994, is 10 amended to read as follows: 11 1. The special proceeding prescribed by this article shall be 12 commenced by petition and a notice of petition prepared in accordance 13 with rules approved by the appellate division with jurisdiction over the 14 proceedings. Such rules shall provide for the use of language that is 15 designed to be understood by the respondent in the proceeding. The peti- 16 tion shall include such other notice of the rights of the respondent as 17 may be deemed appropriate, including a statement that a form answer is 18 available from the clerk of the court. A notice of petition may be 19 issued only by an attorney, judge or the clerk of the court; it may not 20 be issued by a party prosecuting the proceeding in person. 21 § 4. Section 741 of the real property actions and proceedings law, as 22 added by chapter 312 of the laws of 1962, the opening paragraph as 23 amended by chapter 583 of the laws of 1979, subdivision 5 as amended by 24 chapter 302 of the laws of 1976, subdivisions 5-a and 5-b as added by 25 section 5 of part HH of chapter 56 of the laws of 2024, subdivision 6 as 26 added by chapter 615 of the laws of 2022, subdivision 7 as added by 27 chapter 579 of the laws of 2023 and subdivision 8 as amended by chapter 28 64 of the laws of 2024, is amended to read as follows: 29 § 741. Contents of petition. The petition shall be verified by the 30 person authorized by section seven hundred twenty-one of this article to 31 maintain the proceeding; or by a legal representative, attorney or agent 32 of such person pursuant to subdivision (d) of section [thirty hundred] 33 three thousand twenty of the civil practice law and rules. An attorney 34 of such person may verify the petition on information and belief 35 notwithstanding the fact that such person is in the county where the 36 [attorney has his] attorney's office is located. Every petition shall: 37 1. State the interest of the petitioner in the premises from which 38 removal is sought. 39 2. State the respondent's interest in the premises and [his] such 40 respondent's relationship to petitioner with regard thereto. 41 3. Describe the premises from which removal is sought. 42 4. State whether there are any violations of any state or local hous- 43 ing codes which remain outstanding on the premises or common areas. In 44 cities with a population of one million or more, or in any municipality 45 in which housing code violations are classified by degree of threat to 46 health and safety, the petition shall itemize any such violations which 47 have been identified by the applicable code enforcement agency in its 48 notice of violation as being "hazardous", "immediately hazardous" or 49 which have been otherwise categorized as constituting a serious, or 50 imminent, threat to health and safety or requiring immediate repair. 51 5. State whether the petitioner has been notified by the local depart- 52 ment of social services that payment for rent is being withheld pursuant 53 to section one hundred forty-three-b of the social services law for any 54 portion of the premises. 55 6. With respect to premises subsidized directly or indirectly under a 56 state or federal program which requires that conditions be met inA. 709 3 1 connection with lease termination or eviction, state the name of the 2 program, the name of the agency charged with supervision and whether the 3 petitioner has complied with all applicable rules, regulations and 4 administrative hearing requirements and has served all notices required 5 in connection with lease termination or eviction from that public or 6 subsidized housing program. 7 7. State the facts upon which the special proceeding is based. 8 [5.] 8. State the relief sought. The relief may include a judgment for 9 rent due, and for a period of occupancy during which no rent is due, for 10 the fair value of use and occupancy of the premises if the notice of 11 petition contains a notice that a demand for such a judgment has been 12 made. Any willful material misstatement or omission by the petitioner 13 with respect to the requirements of this section shall subject the peti- 14 tioner to a civil penalty, not to exceed one thousand dollars, to be 15 assessed in the eviction proceeding or in a subsequent plenary action. 16 The petitioner may request leave of the court to amend the petition 17 for the purpose of correcting material misstatements or curing omis- 18 sions. In the event leave to amend is granted, the respondent shall be 19 provided an adjournment to respond of not less than ten days from 20 the date of service of the amended petition. A petitioner shall be 21 deemed to have made a material misstatement or omission with respect 22 to the requirements of subdivision four of this section upon submission 23 to the court of certified records, or otherwise properly authenti- 24 cated records, of the local agency or agencies charged with code 25 compliance that violations of applicable codes, other than tenant 26 caused or housekeeping as determined by the court, were outstanding at 27 the time of the verification of the petition which were not described 28 therein. A material misstatement shall be deemed willful unless the 29 petitioner can establish by a preponderance of the evidence that such 30 misstatement was not willful. In addition to the foregoing, in the event 31 that an eviction warrant is executed in a proceeding in which a willful 32 material misstatement is made, the respondent shall be entitled to 33 damages not exceeding three times the costs incurred as a result of the 34 eviction unless the petitioner can establish that the eviction would 35 have been justified regardless of the misstatement. 36 [5-a.] 9. Append or incorporate the notice required pursuant to 37 section two hundred thirty-one-c of the real property law, which shall 38 state the following: (i) if the premises are or are not subject to arti- 39 cle six-A of the real property law, the "good cause eviction law", and 40 if the premises are exempt, such petition shall state why the premises 41 are exempt from such law; (ii) if the landlord is not renewing the lease 42 for a unit subject to article six-A of the real property law, the lawful 43 basis for such non-renewal; and (iii) if the landlord is increasing the 44 rent upon an existing lease of a unit subject to article six-A of the 45 real property law above the applicable local rent standard, as defined 46 in subdivision eight of section two hundred eleven of the real property 47 law, the justification for such increase. 48 [5-b.] 10. If the petitioner claims exemption from the provisions of 49 article six-A of the real property law pursuant to subdivision one of 50 section two hundred fourteen of the real property law, append or incor- 51 porate the information required pursuant to subdivision one of section 52 two hundred fourteen of the real property law. 53 [6.] 11. In the city of Albany, where the premises from which removal 54 is sought is subject to a local law requiring the registration of said 55 premises as a condition of legal rental, allege proof of compliance with 56 such local law.A. 709 4 1 [7.] 12. In the city of Newburgh, where the premises from which 2 removal is sought is subject to a local law requiring the registration 3 of said premises as a condition of legal rental, allege proof of compli- 4 ance with such local law. 5 [8.] 13. In the city of Syracuse, where the premises from which 6 removal is sought is subject to a local law requiring the registration 7 of said premises as a condition of legal rental, allege proof of compli- 8 ance with such local law. 9 § 5. Section 743 of the real property actions and proceedings law, as 10 amended by section 16 of part M of chapter 36 of the laws of 2019, is 11 amended to read as follows: 12 § 743. Answer. Except as provided in section seven hundred thirty-two 13 of this article, relating to a proceeding for non-payment of rent, at 14 the time when the petition is to be heard the respondent, or any person 15 in possession or claiming possession of the premises, may answer, orally 16 or in writing. If the answer is oral the substance thereof shall be 17 recorded by the clerk or, if a particular court has no clerk, by the 18 presiding judge or justice of such court, and maintained in the case 19 record. A form answer, in a form approved by the appellate division 20 with jurisdiction over the proceeding, shall be made available to the 21 respondent by the clerk of the court. The form answer shall include 22 possible defenses to the proceeding, including but not limited to 23 defenses established by sections two hundred twenty-three and two 24 hundred thirty-five-b of the real property law, section one hundred 25 forty-three-b of the social services law and section three hundred 26 five-a of the multiple residence law. The answer may contain any legal 27 or equitable defense, or counterclaim. The court may render affirmative 28 judgment for the amount found due on the counterclaim. 29 § 6. Subdivision 1 of section 745 of the real property actions and 30 proceedings law, as amended by section 17 of part M of chapter 36 of the 31 laws of 2019, is amended to read as follows: 32 1. Where triable issues of fact are raised, they shall be tried by the 33 court unless, at the time the petition is noticed to be heard, a party 34 demands a trial by jury, in which case trial shall be by jury. When the 35 petition indicates pursuant to subdivision four of section seven hundred 36 forty-one of this article, that there are outstanding code violations, 37 the court shall inquire regarding the duration and severity of the 38 outstanding violations and may stay the proceeding pending removal of 39 the violations in accordance with section seven hundred fifty-five of 40 this article, or make other disposition of the proceeding including 41 granting a total or partial abatement of rent, or dismissal of the 42 proceeding, as appropriate. At the time when issue is joined the court, 43 at the request of either party shall adjourn the trial of the issue, not 44 less than fourteen days, except by consent of all parties. A party's 45 second or subsequent request for adjournment shall be granted in the 46 court's sole discretion. 47 § 7. Section 749 of the real property actions and proceedings law is 48 amended by adding two new subdivisions 4 and 5 to read as follows: 49 4. The notice described in subdivision two of this section shall 50 include a statement advising the respondent that assistance to prevent 51 the eviction or otherwise to prevent the respondent from becoming home- 52 less may be available from the local department of social services and 53 shall include the phone number provided to the enforcement officer by 54 any private or public agency providing such assistance at the request of 55 such agency. Referral to legal aid, legal services or other legal 56 assistance offices shall also be included on such notices at the requestA. 709 5 1 of such offices. In a proceeding based upon non-payment, such notice 2 shall also advise the respondent of the rent determined due together 3 with taxes, assessments, interest, penalties and costs in accordance 4 with the provisions of subdivision one of section seven hundred fifty- 5 one of this article, and shall advise the respondent of the amount 6 required and procedure for payment. 7 5. Upon written or oral notification to the officer by an authorized 8 representative of the local department of social services that an appli- 9 cation for assistance to prevent eviction is pending on behalf of the 10 respondent household, the officer shall refrain from execution of the 11 warrant until such time as that officer is advised by the social 12 services official of the determination of such application, provided, 13 however, that the social services district shall guarantee payment to 14 the petitioner for any additional rent accruing during this period to be 15 calculated on a pro-rata basis for the number of days delay occasioned 16 by the operation of this provision. 17 § 8. The opening paragraph and subdivision 1 of section 751 of the 18 real property actions and proceedings law, as added by chapter 312 of 19 the laws of 1962, are amended to read as follows: 20 The respondent may, at any time before a warrant is [issued] 21 executed, stay the [issuing] execution thereof and also stay an 22 execution to collect the costs, as follows: 23 1. Where the lessee or tenant holds over after a default in the 24 payment of rent, or of taxes or assessments, [he] such lessee or tenant 25 may effect a stay by depositing the amount of the rent due or of such 26 taxes or assessments, and interest and penalty, if any thereon due, and 27 the costs of the special proceeding, with the clerk of the court, or 28 where the office of clerk is not provided for, with the court, who shall 29 thereupon, upon demand, pay the amount deposited to the petitioner or 30 [his] such petitioner's duly authorized agent; or by delivering to the 31 court or clerk [his] a written assurance by an authorized representative 32 of the local department of social services or an undertaking to the 33 petitioner in such sum as the court approves to the effect that [he will34pay] the rent[, or] due will be paid together with such taxes or assess- 35 ments, and interest and penalty and costs within ten days, at the expi- 36 ration of which time a warrant may issue, unless [he] the respondent 37 produces to the court satisfactory evidence of the payment. 38 § 9. This act shall take effect on the first of February next succeed- 39 ing the date on which it shall have become a law and shall apply to 40 actions and proceedings commenced on or after such effective date; 41 provided, however, that the amendments to subdivisions 5-a and 5-b of 42 section 741 of the real property actions and proceedings law made by 43 section four of this act shall not affect the repeal of such subdivision 44 and shall be deemed repealed therewith. Effective immediately, the 45 addition, amendment and/or repeal of any rule or regulation necessary 46 for the implementation of this act on its effective date are authorized 47 to be made and completed on or before such effective date.
