Bill Text: NY A01621 | 2025-2026 | General Assembly | Introduced
Bill Title: Relates to conditions precedent to the bringing of certain actions or proceedings.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2025-01-10 - referred to housing [A01621 Detail]
Download: New_York-2025-A01621-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1621 2025-2026 Regular Sessions IN ASSEMBLY January 10, 2025 ___________ Introduced by M. of A. ROSENTHAL, DINOWITZ, TAYLOR, DAVILA -- Multi- Sponsored by -- M. of A. COLTON, GLICK -- read once and referred to the Committee on Housing AN ACT to amend the real property actions and proceedings law, in relation to conditions precedent to the bringing of certain actions or proceedings The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 711 of the real property actions 2 and proceedings law, as amended by section 4 of part HH of chapter 56 of 3 the laws of 2024, is amended to read as follows: 4 2. The tenant has defaulted in the payment of rent, pursuant to the 5 agreement under which the premises are held, and a written demand of the 6 rent has been made with at least fourteen days' notice requiring, in the 7 alternative, the payment of the rent, or the possession of the premises, 8 has been served upon the tenant as prescribed in section seven hundred 9 thirty-five of this article, and at the time of commencement of the 10 proceeding there are no violations of any applicable state, city or 11 local codes relating to housing maintenance or housing standards, and no 12 conditions that contravene section two hundred thirty-five-b of the real 13 property law, in the subject apartment or in the common areas of the 14 subject building, and there is no lack of heat, running water, light, 15 electricity or of adequate sewage disposal facilities, or an infestation 16 by rodents, or any other condition dangerous to life, health or safety, 17 which has existed for five days, or any combination of such conditions 18 in any apartments in the subject building. If at the time of filing 19 there exist violations of any applicable state, city or local building 20 or housing codes with respect to the subject apartment or the common 21 areas of the subject building or there is no lack of heat, running 22 water, light, electricity or of adequate sewage disposal facilities, or 23 an infestation by rodents, or any other condition dangerous to life, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04167-01-5A. 1621 2 1 health or safety, which has existed for five days, or any combination of 2 such conditions in any apartments in the subject building, a landlord 3 may commence a proceeding under this subdivision by filing, with the 4 petition and notice of petition prescribed by section seven hundred 5 thirty-one of this article, an affidavit including facts establishing 6 that such violation or violations were recorded erroneously or that a 7 state, city or local agency, authority or department erroneously failed 8 to remove such violation or violations. A proceeding under this subdivi- 9 sion cannot be maintained if the court finds that the allegations in 10 such affidavit are untrue or if the court finds that at the time of 11 commencement of the proceeding there were violations of any applicable 12 state, city or local codes relating to housing maintenance or housing 13 standards or contraventions of section two hundred thirty-five-b of the 14 real property law, in the subject apartment or in the common areas of 15 the subject building, or extremely hazardous violations in any apart- 16 ments in the subject building. The fourteen-day notice shall append or 17 contain the notice required pursuant to section two hundred thirty-one-c 18 of the real property law, which shall state the following: (i) if the 19 premises are or are not subject to article six-A of the real property 20 law, the "good cause eviction law", and if the premises are exempt, such 21 notice shall state why the premises are exempt from such law; (ii) if 22 the landlord is not renewing the lease for a unit subject to article 23 six-A of the real property law, the lawful basis for such non-renewal; 24 and (iii) if the landlord is increasing the rent upon an existing lease 25 of a unit subject to article six-A of the real property law above the 26 applicable local rent standard, as defined in subdivision eight of 27 section two hundred eleven of the real property law, the justification 28 for such increase. Any person succeeding to the landlord's interest in 29 the premises may proceed under this subdivision for rent due such 30 person's predecessor in interest if such person has a right thereto. 31 Where a tenant dies during the term of the lease and rent due has not 32 been paid and the apartment is occupied by a person with a claim to 33 possession, a proceeding may be commenced naming the occupants of the 34 apartment seeking a possessory judgment only as against the estate. 35 Entry of such a judgment shall be without prejudice to the possessory 36 claims of the occupants, and any warrant issued shall not be effective 37 as against the occupants. 38 § 1-a. Subdivision 2 of section 711 of the real property actions and 39 proceedings law, as amended by section 12 of part M of chapter 36 of the 40 laws of 2019, is amended to read as follows: 41 2. The tenant has defaulted in the payment of rent, pursuant to the 42 agreement under which the premises are held, and a written demand of the 43 rent has been made with at least fourteen days' notice requiring, in the 44 alternative, the payment of the rent, or the possession of the premises, 45 has been served upon [him] such tenant as prescribed in section seven 46 hundred thirty-five of this article, and at the time of commencement of 47 the proceeding there are no violations of any applicable state, city or 48 local codes relating to housing maintenance or housing standards, and no 49 conditions that contravene section two hundred thirty-five-b of the real 50 property law, in the subject apartment or in the common areas of the 51 subject building, and there is no lack of heat, running water, light, 52 electricity or of adequate sewage disposal facilities, or an infestation 53 by rodents, or any other condition dangerous to life, health or safety, 54 which has existed for five days, or any combination of such conditions 55 in any apartments in the subject building. If at the time of filing 56 there exist violations of any applicable state, city or local buildingA. 1621 3 1 or housing codes with respect to the subject apartment or the common 2 areas of the subject building or there is no lack of heat, running 3 water, light, electricity or of adequate sewage disposal facilities, or 4 an infestation by rodents, or any other condition dangerous to life, 5 health or safety, which has existed for five days, or any combination of 6 such conditions in any apartments in the subject building, a landlord 7 may commence a proceeding under this subdivision by filing, with the 8 petition and notice of petition prescribed by section seven hundred 9 thirty-one of this article, an affidavit including facts establishing 10 that such violation or violations were recorded erroneously or that a 11 state, city or local agency, authority or department erroneously failed 12 to remove such violation or violations. A proceeding under this subdivi- 13 sion cannot be maintained if the court finds that the allegations in 14 such affidavit are untrue or if the court finds that at the time of 15 commencement of the proceeding there were violations of any applicable 16 state, city or local codes relating to housing maintenance or housing 17 standards or contraventions of section two hundred thirty-five-b of the 18 real property law, in the subject apartment or in the common areas of 19 the subject building, or extremely hazardous violations in any apart- 20 ments in the subject building. Any person succeeding to the landlord's 21 interest in the premises may proceed under this subdivision for rent due 22 [his] the predecessor in interest if [he] such person has a right there- 23 to. Where a tenant dies during the term of the lease and rent due has 24 not been paid and the apartment is occupied by a person with a claim to 25 possession, a proceeding may be commenced naming the occupants of the 26 apartment seeking a possessory judgment only as against the estate. 27 Entry of such a judgment shall be without prejudice to the possessory 28 claims of the occupants, and any warrant issued shall not be effective 29 as against the occupants. 30 § 2. Section 741 of the real property actions and proceedings law is 31 amended by adding a new subdivision 3-a to read as follows: 32 3-a. State that at the time of commencement of the proceeding there 33 are no violations of any applicable state, city or local codes relating 34 to housing maintenance or housing standards, and no conditions that 35 contravene section two hundred thirty-five-b of the real property law, 36 in the subject apartment or in the common areas of the subject building, 37 and no extremely hazardous violations in any apartments in the subject 38 building, or state that an affidavit has been filed as prescribed by 39 section seven hundred eleven of this article. 40 § 3. This act shall take effect immediately; provided, however, that 41 the amendments to subdivision 2 of section 711 of the real property 42 actions and proceedings law made by section one of this act shall be 43 subject to the expiration and reversion of such subdivision pursuant to 44 section 7 of part HH of chapter 56 of the laws of 2024, as amended, when 45 upon such date the provisions of section one-a of this act shall take 46 effect.
